67918 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2016–0197; FRL–9953–13– 

Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants, State of Wyoming; Control 

of Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerator 

Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Wyoming hospital/medical/infectious 

waste incinerator (HMIWI) Section 

111(d)/129 plan (the ‘‘plan’’). The plan 

was submitted to the EPA to fulfill 

requirements of the Clean Air Act (CAA) 

and to implement and enforce the 

emissions guidelines (EG) for existing 

hospital/medical/infectious waste 

incinerators (HMIWI). The plan 

establishes emission limits; operator 

training and qualification requirements; 

performance testing, monitoring, and 

inspection requirements; and 

requirements for a waste management 

plan and reporting and recordkeeping 

requirements for existing hospital/ 

medical/infectious waste incinerator 

units as specified in the October 6, 

2009, amendments to the federal EG and 

New Source Performance Standards 

(NSPS), 40 CFR part 60, subparts Ce and 

Ec, respectively. 

DATES: This direct final rule is effective 

on December 2, 2016 without further 

notice, unless the EPA receives adverse 

written comments by November 2, 2016. 

If adverse comments are received, the 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2016–0197 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kendra Morrison, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6145, 

morrison.kendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

The EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no adverse comments. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the revision if 

adverse comments are received on this 

direct final rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this direct final will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. What should I consider as I prepare 

my comments for the EPA? 

A. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.regulations.gov 

or email. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information on a disk or 

CD ROM that you mail to the EPA, mark 

the outside of the disk or CD ROM as 

CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

B. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register volume, date, and page 

number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and, 

III. Background 

The EPA’s statutory authority for the 

regulation of new and existing solid 

waste incineration units is outlined in 

the CAA sections 111 and 129. Section 

129 of the CAA is specific to solid waste 

combustion, and requires the EPA to 

establish performance standards for 

each category of solid waste 

incineration units. Section 111 of the 

Act gives EPA the statutory authority to 

promulgate NSPS, applicable to new 

units, and/or EG for existing units. EG 

are implemented and enforced through 

either an EPA-approved state plan or a 

promulgated federal plan. Section 

129(b)(2) requires states to submit to the 

EPA for approval state plans that 

implement and enforce the promulgated 

EG. Section 129(b)(3) requires the EPA 

to promulgate a federal plan (FP) within 

two years from the date on which the 

EG, or amendment, was promulgated. 

The FP is applicable to any affected 

facility if the state has failed to receive 

the EPA approval of the state plan, or 

revision. The FP acts as an enforcement 

place holder until the state submits and 

receives the EPA approval of its plan. 

State plan submittals must be consistent 

with the relevant emissions guidelines, 

in this instance 40 CFR part 60, subpart 

Ce, and the requirements of 40 CFR part 

60, subpart B and part 62, subpart A. 

Section 129 of the CAA regulates the 

following substances or mixtures: 

Organics (dioxins/furans), carbon 

monoxide, metals (cadmium, lead, and 

mercury), acid gases (hydrogen chloride, 

sulfur dioxide, and nitrogen oxides) and 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 67919 

particulate matter (which includes 

opacity). The initial Wyoming plan for 

HMIWI units was approved by the EPA 

on August 21, 2000 (65 FR 38732). The 

plan approval is codified in 40 CFR part 

62, subpart ZZ. On May 13, 2015, the 

Wyoming Department of Environmental 

Quality (DEQ) submitted to the EPA a 

revised Section 111(d)/129 plan for 

HMIWI units. The DEQ made minor 

edits to the plan at the request of the 

EPA and the DEQ revised and 

resubmitted its submission to the EPA 

on November 24, 2015. The submitted 

plan revision was in response to the 

October 6, 2009 amendments to federal 

EG and NSPS requirements for HMIWI 

units, 40 CFR part 60, subparts Ce and 

Ec, respectively (74 FR 51367). This 

rulemaking action will supersede the 

EPA’s August 21, 2000 (65 FR 38732) 

approval of Wyoming’s initial plan. 

IV. Summary of Wyoming’s HMIWI 

Plan Revision 

The EPA has reviewed the Wyoming 

HMIWI plan revision submittal in the 

context of the requirements of 40 CFR 

part 60, subparts B and Ce, as amended, 

and part 62, subpart A. The plan 

contained (1) a demonstration of 

Wyoming’s legal authority to implement 

the plan; (2) identification and a copy of 

the state’s adoption of Subpart Ce into 

rule Wyoming Air Quality Standards 

and Regulations (WAQSR) Chapter 4, 

Section 5, and Chapter 5 as the 

mechanism to enforce the emissions 

guidelines; (3) an inventory of one 

known designated facility and an 

inventory of its air emissions; (4) 

emission limits that are as protective as 

the emissions guidelines; (5) a final 

compliance date no later than October 6, 

2014; (6) testing, monitoring, inspection, 

operator training and qualification, 

waste management plan, and 

recordkeeping and reporting 

requirements for the designated 

facilities; (7) documentation of public 

hearing(s) on the plan; (8) provisions to 

submit annual state progress reports to 

the EPA; and (9) a commitment to the 

EPA that all Title V operating permits, 

modifications, and renewals for 

designated facilities will specify all 

applicable state requirements and 40 

CFR part 62, subpart ZZ. The submitted 

plan revision meets all requirements of 

40 CFR part 60, subparts B and Ce, as 

amended, and part 62, subpart A. 

V. What action is the EPA taking today? 

The EPA is approving the Wyoming 

HMIWI Section 111(d)/129 plan 

revision that reflects amendments made 

to 40 CFR part 60, subparts Ce and Ec. 

Therefore, the EPA is amending 40 CFR 

part 62, subpart ZZ to reflect this action. 

This approval is based on the EPA’s 

review of the plan, discussed above. 

This plan revision approval does not 

negate or void any of the initial August 

21, 2000 plan approval requirements, 

including compliance dates for any 

affected facility. The scope of this plan 

revision approval is limited to the 

provisions of 40 CFR parts 60 and 62 for 

existing HMIWI units, as referenced in 

the EG, subpart Ce, and the related 

NSPS, subpart Ec, as amended. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no adverse comments. 

However, in the Proposed Rules section 

of today’s Federal Register publication, 

we are publishing a separate document 

that will serve as the proposal to 

approve the revision if adverse 

comments are filed. This rule will be 

effective December 2, 2016 without 

further notice unless we receive adverse 

comments by November 2, 2016. If we 

receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

VI. Statutory and Executive Orders 

Review 

Under the Clean Air Act, the 

Administrator is required to approve a 

Section 111(d)/129 plan submission that 

complies with the provisions of the Act 

and applicable federal regulations 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing Section 111(d)/129 plan 

submissions, the EPA’s role is to 

approve state actions, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this direct final action 

merely approves some state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact in a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045(62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note)because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The state plan is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian Country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq, as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 


rmajette on DSK2TPTVN1PROD with RULES
67920 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 2, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that the EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Solid waste 

incineration, Hospital/medical/ 

infectious waste incineration. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 17, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 62, subpart ZZ, is 

amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart ZZ—Wyoming 

■ 2. Section 62.12610 is revised to read 

as follows: 

§ 62.12610 Identification of plan. 

Section 111(d)/129 Plan for Hospital/ 

Medical/Infectious Waste Incinerators 

and the associated State regulation, 

Chapter 4, Section 5, and Chapter 5 of 

the Wyoming Air Quality Standards and 

Regulations, submitted by the State on 

September 7, 1999 and November 9, 

1999, and as amended on May 13, 2015 

and November 24, 2015. 

■ 3. Section 62.12611 is revised to read 

as follows: 

§ 62.12611 Identification of sources. 

The plan applies to each individual 

hospital/medical/infectious waste 

incinerator: 

(a) For which construction was 

commenced on or before June 20, 1996, 

or for which modification was 

commenced on or before March 16, 

1998. 

(b) For which construction was 

commenced after June 20, 1996 but no 

later than December 1, 2008, or for 

which modification is commenced after 

March 16, 1998 but no later than April 

6, 2010. 

■ 4. Section 62.12612 is revised to read 

as follows: 

§ 62.12612 Effective date. 

The effective date of the plan for 

hospital/medical/infectious waste 

incinerators is December 2, 2016. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on September 26, 2016. 

[FR Doc. 2016–23584 Filed 9–30–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0920; FRL–9947–92] 

Bacillus Mycoides Isolate J; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Bacillus 

mycoides isolate J in or on all 

agricultural commodities when used in 

accordance with label directions and 

good agricultural practices. Certis USA 

LLC submitted a petition to EPA under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), requesting an exemption 

from the requirement of a tolerance. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of Bacillus mycoides isolate 

J under FFDCA. 

DATES: This regulation is effective 

October 3, 2016. Objections and 

requests for hearings must be received 

on or before December 2, 2016, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0920, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 


rmajette on DSK2TPTVN1PROD with RULES