[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Rules and Regulations]
[Pages 25447-25449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10761]


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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.

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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

[[Page 25448]]

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 pre-existing 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

[[Page 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:


Sec. 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 Sec. 62.9170 and a new 
undesignated center heading to read as follows:

Air Emissions From Hazardous/Medical/Infectious Waste Incinerators


Sec. 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 Sec. 62.9171 and a new 
undesignated center heading to read as follows:

Effective Date


Sec. 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]
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