Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Rules and Regulations 25447

Presently, the draw is required to open

on signal. This temporary deviation is

issued to allow for replacement of the

damaged south roadway grating.

DATES: This deviation is effective from

7 a.m. on Monday, July 31, 2000

through 5 p.m. on Sunday, August 13,

2000.

ADDRESSES: Unless otherwise indicated,

documents referred to in this notice are

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Commander (ob), 501 Magazine Street,

New Orleans, Louisiana, 70130–3396.

The Bridge Administration Branch

maintains the public docket for this

temporary deviation.

FOR FURTHER INFORMATION CONTACT: Phil

Johnson, Bridge Administration Branch,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION: The L&N

bascule drawbridge across the Inner

Harbor Navigation Canal, mile 2.9, in

New Orleans, Orleans Parish, Louisiana,

has a vertical clearance of one foot

above high water in the closed-tonavigation position and unlimited

clearance in the open-to-navigation

position. Navigation on the waterway

consists of tugs with small ships, tows,

fishing vessels, sailing vessels, and

other recreational craft. The Port of New

Orleans requested a temporary deviation

from the normal operation of the

drawbridge in order to accommodate the

maintenance work, involving removal

and replacement of the deck grading. As

sections are replaced, the bascule span

requires balancing, a time consuming

operation which must be accomplished

without interruption.

This deviation allows the draw of

L&N Railroad/Old Gentilly Road bascule

span drawbridge across the Inner Harbor

Navigation Canal, mile 2.9, at New

Orleans, Orleans Parish, Louisiana to

remain closed to navigation daily from

7 a.m. to 5 p.m. and from 6:30 p.m. to

5:30 a.m. from Monday, July 31, 2000

through Sunday, August 13, 2000. In the

event of an approaching tropical storm

or hurricane, the draw will return to

normal operation within 12 hours notice

from the Coast Guard.

Dated: April 11, 2000.

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard District.

[FR Doc. 00–10847 Filed 5–1–00; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[OK–19–1–7453a; FRL–6582–1]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: Oklahoma

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: We are approving the section

111(d) Plan submitted by the Oklahoma

Department of Environmental Quality

(ODEQ) on November 17, 1999, to

implement and enforce the Emissions

Guidelines (EG) for existing Hospital/

Medical/Infectious Waste Incinerators

(MWI). The EG require States to develop

plans to reduce toxic air emissions from

all MWIs.

DATES: This direct final rule is effective

on July 3, 2000, without further notice,

unless we receive adverse comments by

June 1, 2000. If we receive adverse

comments, we will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: You should address

comments on this action to Lt.

Commander Mick Cote, EPA Region 6,

Air Planning Section (6PD–L), 1445

Ross Avenue, Suite 1200, Dallas, Texas

75202.

Copies of all materials considered in

this rulemaking may be examined

during normal business hours at the

following locations: EPA Region 6

offices, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202, and at the

Oklahoma Department of Environmental

Quality offices, 707 North Robinson,

Oklahoma City, Oklahoma 73101–1677.

FOR FURTHER INFORMATION CONTACT: Lt.

Commander Mick Cote at (214) 665–

7219.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is being taken by EPA today?

II Why do we need to regulate air emissions

from MWIs?

III. What is a State Plan?

IV. What does the Oklahoma State Plan

contain?

V. Is my MWI subject to these regulations?

VI. What steps do I need to take?

VII. Administrative Requirements.

I. What Action Is Being Taken by EPA

Today?

We are approving the Oklahoma State

Plan, as submitted on November 17,

1999, for the control of air emissions

from MWIs, except for those MWIs

located in Indian Country. When we

developed our New Source Performance

Standard (NSPS) for MWIs, we also

developed EG to control air emissions

from older MWIs. See 62 FR 48348–

48391, September 15, 1997. The ODEQ

developed a State Plan, as required by

section 111(d) of the Clean Air Act (the

Act), to adopt the EG into their body of

regulations, and we are acting today to

approve it.

We are publishing this action without

prior proposal because we view this as

a noncontroversial amendment and

anticipate no adverse comments.

However, in a separate document in this

Federal Register publication, we are

proposing to approve the revision

should significant, material, and adverse

comments be filed. This action is

effective July 3, 2000, unless by June 1,

2000, adverse or critical comments are

received. If we receive such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed 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

on this action should do so at this time.

If no such comments are received, this

action is effective July 3, 2000.

II. Why Do We Need To Regulate MWI

Emissions?

When burned, hospital waste and

medical/infectious waste emit various

air pollutants, including hydrochloric

acid, dioxin/furan, and toxic metals

(lead, cadmium, and mercury). Mercury

is highly hazardous and is of particular

concern because it persists in the

environment and bioaccumulates

through the food web. Serious

developmental and adult effects in

humans, primarily damage to the

nervous system, have been associated

with exposures to mercury. Harmful

effects in wildlife have also been

reported; these include nervous system

damage and behavioral and

reproductive deficits. Human and

wildlife exposure to mercury occurs

mainly through the ingestion of fish.

When inhaled, mercury vapor attacks

the lung tissue and is a cumulative

poison. Short-term exposure to mercury

in certain forms can cause

hallucinations and impair

consciousness. Long-term exposure to

mercury in certain forms can affect the

central nervous system and cause

kidney damage.

Exposure to particulate matter has

been linked with adverse health effects,

including aggravation of existing

25448 Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Rules and Regulations

respiratory and cardiovascular disease

and increased risk of premature death.

Hydrochloric acid is a clear colorless

gas. Chronic exposure to hydrochloric

acid has been reported to cause gastritis,

chronic bronchitis, dermatitis, and

photosensitization. Acute exposure to

high levels of chlorine in humans may

result in chest pain, vomiting, toxic

pneumonitis, pulmonary edema, and

death. At lower levels, chlorine is a

potent irritant to the eyes, the upper

respiratory tract, and lungs.

Exposure to dioxin and furan can

cause skin disorders, cancer, and

reproductive effects such as

endometriosis. These pollutants can

also affect the immune system. We

estimate that this State Plan will reduce

mercury emissions from MWIs in

Oklahoma by approximately 94 percent,

hydrochloric acid emissions by 98

percent, and dioxin/furan emissions by

95 percent.

III. What Is a State Plan?

Section 111(d) of the Act requires that

pollutants controlled under the NSPS

must also be controlled at older sources

in the same source category. Once an

NSPS is promulgated, we then publish

an EG applicable to the control of the

same pollutant from existing

(designated) facilities. States with

designated facilities must then develop

a State Plan to adopt the EG into their

body of regulations. States must also

include in this State Plan other

elements, such as inventories, legal

authority, and public participation

documentation, to demonstrate the

ability to enforce it.

IV. What Does the Oklahoma State Plan

Contain?

The ODEQ adopted the EG into its

body of regulations at OAC 252:100–17,

Part 7 and Appendix M on October 19,

1999. The Oklahoma State Plan

contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan;

2. State Rule OAC 252:100–17, Part 7

and Appendix M as the enforceable

mechanism;

3. An inventory of approximately 33

known designated facilities, along with

estimates of their toxic air emissions;

4. Emission limits that are as

protective as the EG;

5. A compliance date no later than

September 16, 2002;

6. Testing, monitoring, reporting and

recordkeeping requirements for the

designated facilities;

7. Records from the public hearing;

and,

8. Provisions for progress reports to

EPA.

The Oklahoma State Plan was

reviewed for approval against the

following criteria: 40 CFR 60.23 through

60.26, Subpart B—Adoption and

Submittal of State Plans for Designated

Facilities; and, 40 CFR 60, 60.30e

through 60.39e, Subpart Ce—Emission

Guidelines and Compliance Times for

Hospital/Medical/Infectious Waste

Incinerators. A detailed discussion of

our evaluation of the Oklahoma State

Plan is included in our technical

support document, located in the

official file for this action.

V. Is My MWI Subject to These

Regulations?

The EG for existing MWIs affect any

MWI built on or before June 20, 1996.

If your facility meets this criterion, you

are subject to these regulations.

VI. What Steps Do I Need To Take?

You must meet the requirements in

OAC 252:100–17, Part 7 and Appendix

M, summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity; as an alternative, you

can elect to accept a permit restriction

to limit the amount of waste you may

burn per hour.

2. Each size category of MWI has

certain emission limits established

which your incinerator must meet. See

Table 1 of 40 CFR part 60, subpart Ce

to determine the specific emission

limits which apply to you. The emission

limits apply at all times, except during

startup, shutdown, or malfunctions,

provided that no waste has been

charged during these events. See 40 CFR

60.33e, as listed at 62 FR 48382,

September 15, 1997.

3. There are provisions to address

small rural incinerators. See 40 CFR

60.33e(b), 60.36e, 60.37e(c)(d), and

60.38e(b), as listed at 62 FR 48380,

September 15, 1997.

4. You must meet a 10 percent opacity

limit on your discharge, averaged over

a six-minute block. See 40 CFR

60.33e(c), as listed at 62 FR 48380,

September 15, 1997.

5. You must have a qualified MWI

operator available to supervise the

operation of your incinerator. This

operator must be trained and qualified

through a State-approved program, or a

training program that meets the

requirements listed under 40 CFR part

60.53c(c). See 40 CFR 60.34e, as listed

at 62 FR 48380.

6. Your operator must be certified, as

discussed in 4 above, no later than one

year after we approve this Oklahoma

State Plan. See 40 CFR 60.39e(e), as

listed at 62 FR 48382. You must develop

and submit to ODEQ a waste

management plan. This plan must be

developed under guidance provided by

the American Hospital Association

publication, An Ounce of Prevention:

Waste Reduction Strategies for Health

Care Facilities, 1993, and must be

submitted to ODEQ no later than one

year after we approve this State Plan.

See 40 CFR 60.35e, as listed at 62 FR

48380.

7. You must conduct an initial

performance test to determine your

incinerators compliance with these

emission limits. See 40 CFR 60.37e and

60.8, as listed at 62 FR 48380.

8. You must install and maintain

devices to monitor the parameters listed

under Table 3 to Subpart Ec. See 40 CFR

60.37e(c), as listed at 62 FR 48381.

9. You must document and maintain

information concerning pollutant

concentrations, opacity measurements,

charge rates, and other operational data.

This information must be maintained

for a period of five years. See 40 CFR

60.38e, as listed at 62 FR 48381.

10. You must report to ODEQ the

results of your initial performance test,

the values for your site-specific

operating parameters, and your waste

management plan. This information

must be reported within 60 days

following your initial performance test,

and must be signed by the facilities

manager. See 40 CFR 60.38e, as listed at

62 FR 48381.

11. In general, you must comply with

all the requirements of this State Plan

within one year after we approve it;

however, there are provisions to extend

your compliance date. See 40 CFR

60.39e, as listed at 62 FR 48381.

VII. Administrative Requirements

A. General Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Rules and Regulations 25449

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing Plan submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a Plan submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a Plan

submission, to use VCS in place of a

Plan submission that otherwise satisfies

the provisions of the Clean Air Act.

Thus, the requirements of section 12(d)

of the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

B. Submission to Congress and the

Comptroller General

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. 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

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 July 3, 2000.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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. 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,

Administrative practice and procedure,

Air pollution control, Hospital/medical/

infectious waste incineration,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: March 31, 2000.

Jerry Clifford,

Acting Regional Administrator Region 6.

40 CFR part 62 of the Code of Federal

Regulations is amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7617q.

Subpart LL—Oklahoma

2. Section 62.9100 is amended by

adding paragraphs (b)(5), (c)(4), and

(c)(5) to read as follows:

§ 62.9100 Identification of plan.

* * * * *

(b) * * *

(5) Control of air emissions from

designated hazardous/medical/

infectious waste incinerators, submitted

by the Oklahoma Department of

Environmental Quality on November 17,

1999 (OAC 252:100–17, Part 7).

* * * * *

(c) * * *

(4) Municipal solid waste landfills.

(5) Hazardous/medical/infectious

waste incinerators.

3. Subpart LL is amended by adding

a new § 62.9170 and a new

undesignated center heading to read as

follows:

Air Emissions From Hazardous/

Medical/Infectious Waste Incinerators

§ 62.9170 Identification of sources.

The plan applies to existing

hazardous/medical/infectious waste

incinerators for which construction,

reconstruction, or modification was

commenced before June 20, 1996, as

described in 40 CFR part 60, subpart Ce.

4. Subpart LL is amended by adding

a new § 62.9171 and a new

undesignated center heading to read as

follows:

Effective Date

§ 62.9171 Effective date.

The effective date for the portion of

the plan applicable to existing

hazardous/medical/infectious waste

incinerators is July 3, 2000.

[FR Doc. 00–10761 Filed 5–1–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 4

RIN 1090–AA75

Summary Distribution

AGENCY: Office of Hearings and Appeals,

Office of the Secretary, Interior.

ACTION: Technical amendment.

SUMMARY: The Office of Hearings and

Appeals (OHA) today is making a

technical change to its rules regarding

summary distribution of decedents

estates as published on August 24, 1999,

(64 FR 46152). Under the existing

regulations, Bureau of Indian Affairs

(BIA) Superintendents are identified as

the authority to make summary

distributions when an Indian dies

intestate leaving only trust personal

property or cash valued at less than

$5,000. The appeals procedure for OHA

acknowledges appeals from summary

distribution decisions made by BIA

superintendents. The technical change

now refers only to ‘‘the Bureau of Indian

Affairs’’ as the authority for making

summary distribution decisions (and

against whom an aggrieved party may

appeal to OHA), recognizing the

authority of the BIA to designate the

superintendent, or other officials as may