38732 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

76115–0216). The hours are 8 a.m. to 4

p.m., Monday through Friday. The

telephone number is 817–334–5515.

(j) NARA—Rocky Mountain Region

(Denver) is located at Building 48,

Denver Federal Center, West 6th Ave.

and Kipling Street, Denver, CO (mailing

address: PO Box 25307, Denver, CO

80225–0307). The hours are 7:30 a.m. to

3:45 p.m., Monday through Friday. The

telephone number is 303–236–0827.

(k) NARA—Pacific Region (San

Francisco) is located at 1000

Commodore Dr., San Bruno, CA 94066–

2350. The hours are 7:30 a.m. to 4 p.m.,

Monday through Friday. The telephone

number is 650–876–9077.

(l) NARA—Pacific Region (Laguna

Niguel, CA) is located at 24000 Avila

Rd., 1st Floor East Entrance, Laguna

Niguel, CA (mailing address: PO Box

6719, Laguna Niguel, CA 92607–6719).

The hours are 8 a.m. to 4:30 p.m.,

Monday through Friday. The telephone

number is 949–360–6334.

(m) NARA—Pacific Alaska Region

(Seattle) is located at 6125 Sand Point

Way NE, Seattle, WA 98115–7999. The

hours are 7:45 a.m. to 4:15 p.m.,

Monday through Friday. The telephone

number is 206–526–6501.

§ 1253.7 Regional Archives.

Most regional archives offer extended

research room hours for microfilm

research only. Information on extended

hours is available from individual

facilities. Regional archives are closed

on Federal holidays. Information on

each regional archives facility is as

follows:

(a) NARA—Northeast Region (Boston)

is located in the Frederick C. Murphy

Federal Center, 380 Trapelo Rd.,

Waltham, MA 02452–6399. The hours

are 8 a.m. to 4:30 p.m., Monday through

Friday. The telephone number is 781–

647–8100.

(b) NARA—Northeast Region

(Pittsfield, MA) is located at 10 Conte

Drive, Pittsfield, MA 01201–8230. The

hours are 8 a.m. to 4 p.m., Monday

through Friday. The telephone number

is 413–445–6885.

(c) NARA—Northeast Region (New

York City) is located at 201 Varick St.,

New York, NY 10014–4811. The hours

are 8 a.m. to 4:30 p.m., Monday through

Friday. The telephone number is 212–

337–1300.

(d) NARA—Mid Atlantic Region

(Center City Philadelphia) is located at

900 Market St. Room 1350,

Philadelphia, PA 19107–4292. The

hours are 8 a.m. to 5 p.m., Monday

through Friday. The telephone number

is 215–597–3000.

(e) NARA—Southeast Region

(Atlanta) is located at 1557 St. Joseph

Ave., East Point, GA 30344–2593. The

hours are 7 a.m. to 4 p.m., Monday

through Friday. The telephone number

is 404–763–7474.

(f) NARA—Great Lakes Region

(Chicago) is located at 7358 S. Pulaski

Rd., Chicago, IL 60629–5898. The hours

are 8 a.m. to 4:15 p.m., Monday through

Friday. The telephone number is 773–

581–7816.

(g) NARA—Central Plains Region

(Kansas City) is located at 2312 E.

Bannister Rd., Kansas City, MO 64131–

3060. The hours are 8 a.m. to 4 p.m.,

Monday through Friday. The telephone

number is 816–926–6982.

(h) NARA—Southwest Region (Fort

Worth) is located at 501 West Felix St.,

Bldg. 1, Dock 1, Fort Worth, TX (mailing

address: P.O. Box 6216, Fort Worth, TX,

76115–0216). The hours are 8 a.m. to 4

p.m., Monday through Friday. The

telephone number is 817–334–5525.

(i) NARA—Rocky Mountain Region

(Denver) is located at Building 48,

Denver Federal Center, West 6th

Avenue and Kipling Street, Denver, CO

(mailing address: PO Box 25307,

Denver, CO 80225–0307). The hours are

7:30 a.m. to 3:45 p.m., Monday through

Friday. The telephone number is 303–

236–0804.

(j) NARA—Pacific Region (Laguna

Niguel, CA) is located at 24000 Avila

Rd., 1st Floor East Entrance, Laguna

Niguel, CA (mailing address: PO Box

6719, Laguna Niguel, CA 92607–6719).

The hours are 8 a.m. to 4:30 p.m.,

Monday through Friday. The telephone

number is 949–360–2641.

(k) NARA—Pacific Region (San

Francisco) is located at 1000

Commodore Dr., San Bruno, CA 94066–

2350. The hours are 7:30 a.m. to 4 p.m.,

Monday through Friday. The telephone

number is 650–876–9009.

(l) NARA—Pacific Alaska Region

(Seattle) is located at 6125 Sand Point

Way NE, Seattle, WA 98115–7999. The

hours are 7:45 a.m. to 4:15 p.m.,

Monday through Friday. The telephone

number is 206–526–6501.

(m) NARA—Pacific Alaska Region

(Anchorage) is located at 654 West

Third Avenue, Anchorage, AK 99501–

2145. The hours are 8 a.m. to 4 p.m.,

Monday through Friday. The telephone

number is 907–271–2443.

Dated: June 15, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–15836 Filed 6–21–00; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[FRL–6717–3]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Colorado, Montana, South

Dakota, Utah, Wyoming; Control of

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: We are approving the Clean

Air Act section 111(d) Plans submitted

by the Colorado Department of Public

Health and the Environment on

December 22, 1998 (with additional

information submitted on October 4,

1999); the Montana Department of

Environmental Quality on January 19,

1999; the South Dakota Department of

Environment and Natural Resources on

February 7, 2000, the Utah Department

of Environmental Quality on March 2,

1999 (with additional information

submitted on October 25, 1999); and the

Wyoming Department of Environmental

Quality on September 7, 1999 (with

recodification of state regulations

submitted on November 9, 1999), to

implement and enforce the Emissions

Guidelines (EG) for existing Hospital/

Medical/Infectious Waste Incinerators

(HMIWI). The EG require States to

develop plans to reduce toxic air

emissions from all HMIWIs. In addition,

as an administrative matter, the heading

of 40 CFR 62 Subpart G is being

corrected to include the state name.

DATES: This direct final rule is effective

on August 21, 2000, without further

notice, unless we receive adverse

comments by July 24, 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 rules will

not take effect.

ADDRESSES: Send written comments to:

Richard R. Long, EPA Region 8, Office

of Air and Radiation (8P–AR), 999 18th

Street, Suite 500, Denver, Colorado

80202.

You may inspect copies of the

documents relevant to this action during

normal business hours at the following

location: EPA Region 8 offices, 999 18th

Street, Suite 500, Denver, Colorado

80202. Please contact Meredith Bond at

(303) 312–6438 before visiting the

Region 8 office.

Copies of the State documents

relevant to this action are available for

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38733

public inspection at the respective State

offices:

1. Colorado—Air Pollution Control

Division, Department of Public Health

and Environment, 4300 Cherry Creek

Drive South, Denver, Colorado 80222–

1530

2. Montana—Department of

Environmental Quality, 1520 East 6th

Avenue, P.O. Box 200901, Helena,

Montana 59620–0901

3. South Dakota—Department of

Environment and Natural Resources,

Joe Foss Building, 523 East Capitol,

Pierre, South Dakota 57501–3181

4. Utah—Division of Air Quality,

Department of Environmental Quality,

150 North 1950 West, P.O. Box

144820, Salt Lake City, Utah 84114–

4820

5. Wyoming—Department of

Environmental Quality, Herschler

Building, 122 West 25th Street,

Cheyenne, Wyoming 82002

Interested persons wanting to

examine these documents should make

an appointment with the appropriate

office at least 24 hours before the

visiting day.

FOR FURTHER INFORMATION CONTACT:

Meredith Bond, EPA Region 8, Air and

Radiation Program, at the above address,

telephone (303) 312–6438.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is being taken by EPA today?

II. Why do we need to regulate HMIWI

emissions?

III. What is a State Plan?

IV. What does the Colorado State Plan

contain?

A. Why is the Colorado HMIWI State Plan

approvable?

B. Is my HMIWI subject to Colorado’s

regulations?

C. What steps do I need to take?

V. What does the Montana State Plan

contain?

A. Why is the Montana HMIWI State Plan

approvable?

B. Is my HMIWI subject to Montana’s

regulations?

C. What steps do I need to take?

VI. What does the South Dakota State Plan

contain?

A. Why is the South Dakota HMIWI State

Plan approvable?

B. Is my HMIWI subject to South Dakota’s

regulations?

C. What steps do I need to take?

VII. What does the Utah State Plan contain?

A. Why is the Utah HMIWI State Plan

approvable?

B. Is my HMIWI subject to Utah’s

regulations?

C. What steps do I need to take?

VIII. What does the Wyoming State Plan

contain?

A. Why is the Wyoming HMIWI State Plan

approvable?

B. Is my HMIWI subject to Wyoming’s

regulations?

C. What steps do I need to take?

IX. Administrative Requirements

I. What Action Is Being Taken by EPA

Today?

We are approving the Colorado,

Montana, South Dakota, Utah, and

Wyoming State Plans, as submitted on

December 22, 1998 (with additional

information submitted on October

4,1999); January 19, 1999; February 7,

2000; January 19, 1999 (with additional

information submitted on October 25,

1999); and September 7, 1999 (with

recodification of state regulations

submitted on November 9, 1999),

respectively. These plans were

developed in accordance with section

111(d) of the CAA for the control of air

emissions from HMIWIs. These plans do

not apply to those HMIWIs located in

Indian Country. When we developed

our New Source Performance Standard

(NSPS) for HMIWIs, we also developed

Emissions Guidelines (EG) to control air

emissions from older HMIWIs as we

were required to do by section 129(a) of

the Clean Air Act (42 U.S.C. 7429(a)).

(See 62 FR 48348–48391, September 15,

1997). Colorado, Montana, South

Dakota, Utah, and Wyoming, developed

State Plans, as required by section

111(d) of the Clean Air Act (the Act) (42

U.S.C. 7411(d)), to adopt the EG into

their body of regulations, and we are

acting today to approve these State

Plans as meeting all requirements of

section 111(d) and 129 of the Act and

EPA regulations governing the adoption

and approval of State Plans for

designated facilities (40 CFR part 60,

subpart B).

In addition, as an administrative

matter, the heading of 40 CFR part 62,

subpart G is being corrected to include

the state name, ‘‘Colorado.’’

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 August 21, 2000, unless by July

24, 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 this action serving as a

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 August 21, 2000.

II. Why Do We Need To Regulate

HMIWI Emissions?

The State Plans establish control

requirements which reduce the

following emissions from HMIWIs:

particulate matter, sulfur dioxide,

hydrogen chloride, nitrogen oxides,

carbon monoxide, lead, cadmium,

mercury, dioxin, and dibenzofurans.

These pollutants can cause adverse

effects to the public health and the

environment. Dioxin, lead, and mercury

bioaccumulate through the food web.

Serious developmental and adult effects

in humans, primarily damage to the

nervous system, have been associated

with exposures to mercury. Exposure to

dioxin and furans can cause skin

disorders, cancer, and reproductive

effects such as endometriosis. Dioxin

and furans can also affect the immune

system. Acid gases affect the respiratory

tract, as well as contribute to the acid

rain that damages lakes and harms

forests and buildings. Exposure to

particulate matter has been linked with

adverse health effects, including

aggravation of existing respiratory and

cardiovascular disease and increased

risk of premature death. Nitrogen oxide

emissions contribute to the formation of

ground level ozone, which is associated

with a number of adverse health and

environmental effects.

III. What Is a State Plan?

Section 111(d) of the Act requires that

pollutants, other than criteria

pollutants, controlled under the NSPS

must also be controlled at older sources

in the same source category. Once an

NSPS is promulgated for a non-criteria

pollutant, 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 implement

and enforce it.

IV. What Does the Colorado State Plan

Contain?

Colorado adopted the Federal NSPS

and EG by reference into its State

regulations at Regulation No. 6, part A.

The Colorado State Plan contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan. The State did not,

38734 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

however, submit evidence of authority

to regulate existing HMIWI in Indian

Country as defined in 18 U.S.C. 1151.

Therefore, EPA is not approving this

State Plan as it relates to those sources.

2. State rules adopted into Regulation

No. 6 as the mechanism for

implementing the emission guidelines.

3. An inventory of twelve 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 of 1 year after

EPA approval of the State Plan.

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.

A. Why Is the Colorado HMIWI State

Plan Approvable?

EPA compared the Colorado rules

(Regulation No. 6, part A, subpart Ce)

against our HMIWI EG. EPA finds the

Colorado rules to be at least as

protective as the EG. The Colorado State

Plan was reviewed for approval with

respect to the following criteria: 40 CFR

60.23 through 60.26, Subpart B—

Adoption and Submittal of State Plans

for Designated Facilities; and, 40 CFR

60.30e through 60.39e, Subpart Ce—

Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators. The Colorado State

Plan satisfies the requirements for an

approvable section 111(d) plan under

subparts B and Ce of 40 CFR part 60. For

these reasons, we are approving the

Colorado HMIWI State Plan.

B. Is My HMIWI Subject To Colorado’s

Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion and

does not qualify for exemption under 40

CFR 60.32e(b)–(h) (Regulation No. 6,

part A), you are subject to these

regulations.

C. What Steps Do I Need To Take?

First, you will need to decide whether

you will continue to operate your

incinerator and comply with the

requirements of the Colorado State Plan,

or whether you will shut down your

incinerator.

If you decide to continue operating

your incinerator, you must meet the

requirements listed in Regulation No. 6,

part A, summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. You must meet the emission limits

established for your incinerator’s size

category. See Table 1 of 40 CFR part 60,

subpart Ce to determine the specific

emission limits which apply to you. (40

CFR 60.33e; 62 FR 48382, September 15,

1997).

3. Determine if your incinerator

qualifies for treatment as a small rural

incinerator (40 CFR 60.33e(b), 60.36e,

60.37e(d), and 60.38e(b); 62 FR 48380,

September 15, 1997).

4. You must meet a 10% opacity limit

on your incinerator’s discharge,

averaged over a six-minute block (40

CFR 60.33e(c); 62 FR 48380, September

15, 1997).

5. You must have a qualified HMIWI

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

60.53c(c) (40 CFR 60.34e; 62 FR 48380).

Your operator must be certified no later

than one year after we approve

Colorado’s State Plan (40 CFR 60.39e(e);

62 FR 48382).

6. You must develop a waste

management plan, and submit it to the

Colorado Department of Public Health

and Environment no later than one year

after we approve this State Plan. Your

waste management plan will describe

the solid waste practices that your

facility will undertake to reduce the

amount of hospital, medical, and

infectious waste that is disposed of in

your incinerator. Your 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. (40 CFR 60.35e; 62

FR 48380).

7. You must conduct an initial

performance test to determine your

incinerator’s compliance with these

emission limits. (40 CFR 60.37e and

60.8; 62 FR 48380).

8. You must install and maintain

devices to monitor the parameters listed

under Table 3 to subpart Ec (40 CFR

60.37e(c); 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 (40 CFR 60.38e;

62 FR 48381).

10. You must report to the Colorado

Department of Public Health and

Environment 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 (40 CFR 60.38e; 62 FR 48381).

11. You must submit a complete Title

V operating permit application to the

Colorado Department of Public Health

and Environment no later than

September 15, 2000.

12. In general, you must comply with

all the requirements of this State Plan

within one year after we approve it

regardless of whether your facility has

been identified in the plan inventory.

The Colorado State Plan does not

provide for petitions to extend the

compliance deadlines (40 CFR 60.39e;

62 FR 48381).

If you decide to shut down your

incinerator, you must do so within one

year after we approve the State Plan in

order to meet the requirements of

Regulation No. 6, part A.

V. What Does the Montana State Plan

Contain?

Montana adopted the Federal NSPS

and EG by reference into its State

regulations at Administrative Rules of

Montana (ARM) 17.8.302,

‘‘Incorporation By Reference,’’ and ARM

17.8.340, ‘‘Standard of Performance For

New Stationary Sources.’’ Montana

State Plan contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan. The State did not,

however, submit evidence of authority

to regulate existing HMIWI in Indian

Country as defined in 18 U.S.C. 1151.

Therefore, EPA is not approving this

State Plan as it relates to those sources.

2. State rules adopted into ARM

17.8.340 as the mechanism for

implementing the emission guidelines.

3. An inventory of four 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 of three years

after EPA approval of the State Plan but

not later than September 15, 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.

A. Why Is the Montana HMIWI State

Plan Approvable?

EPA compared the Montana rules

(ARM 17.8.302 and ARM 17.8.340)

against our HMIWI EG. EPA finds the

Montana rules to be at least as

protective as the EG. The Montana State

Plan was reviewed for approval with

respect to the following criteria: 40 CFR

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38735

60.23 through 60.26, Subpart B—

Adoption and Submittal of State Plans

for Designated Facilities; and, 40 CFR

60.30e through 60.39e, Subpart Ce—

Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators. The Montana State

Plan satisfies the requirements for an

approvable section 111(d) plan under

subparts B and Ce of 40 CFR part 60. For

these reasons, we are approving the

Montana HMIWI State Plan.

B. Is My HMIWI Subject to Montana’s

Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion and

does not qualify for exemption under 40

CFR 60.32e (b)–(h) (ARM 17.8.340), you

are subject to these regulations.

C. What Steps Do I Need To Take?

First, you will need to decide whether

you will continue to operate your

incinerator and comply with the

requirements of the Montana State Plan,

or whether you will shut down your

incinerator.

If you decide to continue operating

your incinerator, the Montana State Plan

provides for measurable and enforceable

incremental steps of progress for

designated facilities planning to install

the necessary air pollution control

equipment allowing compliance on or

before the date 3 years after EPA

approval of the State Plan but not later

than September 15, 2002. Further,

Montana incorporated by reference the

requirements contained in 40 CFR part

60, subpart Ce which contains

additional compliance time

requirements. You must meet the

requirements listed in ARM 17.8.340,

summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. Determine if your incinerator

qualifies for treatment as a small rural

incinerator (40 CFR 60.33e(b), 60.36e,

60.37e(d), and 60.38e(b); 62 FR 48380,

September 15, 1997).

3. You must meet the emission limits

established for your incinerator’s size

category. See Table 1 of 40 CFR part 60,

subpart Ce to determine the specific

emission limits which apply to you. (40

CFR 60.33e; 62 FR 48382, September 15,

1997).

4. You must meet a 10% opacity limit

on your incinerator’s discharge,

averaged over a six-minute block (40

CFR 60.33e(c); 62 FR 48380, September

15, 1997).

5. You must have a qualified HMIWI

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

60.53c(c)(40 CFR 60.34e; 62 FR 48380).

Your operator must be certified no later

than one year after we approve the

Montana State Plan (40 CFR 60.39e(e);

62 FR 48382).

6. You must develop a waste

management plan, and submit it to the

Montana Department of Environmental

Quality no later than one year after we

approve this State Plan. Your waste

management plan will describe the solid

waste practices that your facility will

undertake to reduce the amount of

hospital, medical, and infectious waste

that is disposed of in your incinerator.

Your 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. (40 CFR 60.35e; 62 FR 48380).

7. You must submit a final Control

Plan to the department for review and

final approval within 15 months after

the date of our approval of the State

Plan. Your Control Plan will explain

how your HMIWI will meet the State

Plan requirements.

8. You must award contracts for any

necessary control systems/process

changes within 21 months after the date

of our approval of the State Plan.

9. You must initiate on-site

construction or installation of any

necessary air pollution control devices,

and initiate any necessary process

changes, within 24 months after the date

of our approval of the State Plan.

10. You must complete on-site

construction or installation of any

necessary air pollution control devices,

and initiate any necessary process

changes, within 24 months after the date

of our approval of the State Plan.

11. You must conduct an initial

performance test to determine your

incinerator’s compliance with these

emission limits. (40 CFR 60.37e and

60.8; 62 FR 48380).

12. You must install and maintain

devices to monitor the parameters listed

under Table 3 to subpart Ec (40 CFR

60.37e(c); 62 FR 48381).

13. 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 (40 CFR 60.38e;

62 FR 48381).

14. You must report to the Montana

Department of Environmental Quality

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 (40 CFR 60.38e; 62 FR 48381).

15. You must submit a complete Title

V operating permit application to the

Montana Department of Environmental

Quality no later than September 15,

2000.

16. In general, you must comply with

all the requirements of this State Plan

within 36 months after we approve it or

by September 15, 2002. (40 CFR 60.39e;

62 FR 48381).

If you decide to shut down your

incinerator, you must submit a ‘‘final

control plan’’ that notifies the

department that you will be shutting

down your incinerator within 15

months after the date of our approval of

the State Plan.

VI. What Does the South Dakota State

Plan Contain?

South Dakota adopted the Federal

NSPS and EG by reference into its State

regulations at Administrative Rules of

South Dakota (ARSD) 74:36:07, ‘‘New

Source Performance Standards.’’ The

South Dakota State Plan contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan. The State did not,

however, submit evidence of authority

to regulate existing HMIWI in Indian

Country as defined in 18 U.S.C. 1151.

Therefore, EPA is not approving this

State Plan as it relates to those sources.

2. State rules adopted into ARSD

74:26:07:06.01 as the mechanism for

implementing the emission guidelines.

3. An inventory of one known

designated facility, along with estimates

of its toxic air emissions;

4. Emission limits that are as

protective as the EG;

5. A compliance date of 3 years after

EPA approval of the State Plan but not

later than September 15, 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.

A. Why Is the South Dakota HMIWI

State Plan Approvable?

EPA compared the South Dakota rules

(ARSD 74:36:07:06.01) against our

HMIWI EG. EPA finds the South Dakota

rules to be at least as protective as the

EG. The South Dakota State Plan was

reviewed for approval with respect to

the following criteria: 40 CFR 60.23

through 60.26, Subpart B—Adoption

and Submittal of State Plans for

38736 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

Designated Facilities; and, 40 CFR

60.30e through 60.39e, Subpart Ce—

Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators. The South Dakota

State Plan satisfies the requirements for

an approvable section 111(d) plan under

subparts B and Ce of 40 CFR part 60. For

these reasons, we are approving the

South Dakota HMIWI State Plan.

B. Is My HMIWI subject to South

Dakota’s Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion and

does not qualify for exemption under 40

CFR 60.32e (b)–(h) (ARSD

74:36:07:06.01), you are subject to these

regulations.

C. What Steps Do I Need To Take?

First, you will need to decide whether

you will continue to operate your

incinerator and comply with the

requirements of the South Dakota State

Plan, or whether you will shut down

your incinerator.

If you decide to continue operating

your incinerator, South Dakota’s State

Plan provides for measurable and

enforceable incremental steps of

progress for designated facilities

planning to install the necessary air

pollution control equipment allowing

compliance on or before the date 3 years

after EPA approval of the State Plan but

not later than September 15, 2002.

Further, South Dakota incorporated by

reference the requirements contained in

40 CFR part 60, subpart Ce which

contains additional compliance time

requirements. You must meet the

requirements listed in ARSD

74:36:07:06.01, summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. Determine if your incinerator

qualifies for treatment as a small rural

incinerator (40 CFR 60.33e(b), 60.36e,

60.37e(d), and 60.38e(b); 62 FR 48380,

September 15, 1997).

3. You must meet the emission limits

established for your incinerator’s size

category. See Table 1 of 40 CFR part 60,

subpart Ce to determine the specific

emission limits which apply to you. (40

CFR 60.33e; 62 FR 48382, September 15,

1997).

4. You must meet a 10% opacity limit

on your incinerator’s discharge,

averaged over a six-minute block (40

CFR 60.33e(c); 62 FR 48380, September

15, 1997).

5. You must have a qualified HMIWI

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

60.53c(c)(40 CFR 60.34e; 62 FR 48380).

Your operator must be certified no later

than one year after we approve the

South Dakota State Plan (40 CFR

60.39e(e); 62 FR 48382).

6. You must develop a waste

management plan, and submit it to the

South Dakota Department of

Environment and Natural Resources no

later than one year after we approve this

State Plan. Your waste management

plan will describe the solid waste

practices that your facility will

undertake to reduce the amount of

hospital, medical, and infectious waste

that is disposed of in your incinerator.

Your 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. (40 CFR 60.35e; 62 FR 48380).

7. You must submit a final Control

Plan to the department for review and

final approval within 6 months after the

date of our approval of the State Plan.

Your Control Plan will explain how

your HMIWI will meet the State Plan

requirements.

8. You must submit a part 70

operating permit application and design

drawings of the air pollution control

device to the department within one

year after the date of our approval of the

State Plan.

9. You must submit a copy of the

purchase order or other documentation

indicating an order has been placed for

the major components of the air

pollution control device within 15

months after the date of our approval of

the State Plan.

10. You must begin initiation of site

preparation for installation of the air

pollution control device within 2 years

after the date of our approval of the

State Plan.

11. You must complete installation of

the air pollution control device within

30 months after the date of our approval

of this State Plan.

12. You must conduct an initial

performance test to determine your

incinerator’s compliance with these

emission limits (40 CFR 60.37e and

60.8; 62 FR 48380). This test must be

completed within 33 months after the

date of our approval of this State Plan.

13. You must install and maintain

devices to monitor the parameters listed

under Table 3 to subpart Ec (40 CFR

60.37e(c); 62 FR 48381).

14. 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 (40 CFR 60.38e;

62 FR 48381).

15. You must report to the South

Dakota Department of Environment and

Natural Resources 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 (40 CFR 60.38e; 62 FR 48381).

16. In general, you must comply with

all the requirements of this State Plan

within 36 months after we approve it or

by September 15, 2002 (40 CFR 60.39e;

62 FR 48381).

If you decide to shut down your

incinerator, you must notify the

department within six months of the

date of our approval of the State Plan.

Your written notification must inform

the department of when the unit will be

shutdown. You shutdown date shall not

be later than one year after the date of

our approval of the State Plan.

VII. What Does the Utah State Plan

Contain?

Utah adopted the Federal NSPS and

EG requirements into its State

regulations at Utah Administrative Code

(UAC) R307–220–3 and R307–222. The

Utah State Plan contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan. The State did not,

however, submit evidence of authority

to regulate existing HMIWI in Indian

Country as defined in 18 U.S.C. 1151.

Therefore, EPA is not approving this

State Plan as it relates to those sources.

2. State rules adopted into R307–222

as the mechanism for implementing the

emission guidelines.

3. An inventory of fifteen 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 of 1 year after

EPA approval of the State Plan.

6. Provisions allowing designated

facilities to petition the State for

extensions, specifying incremental steps

of progress towards compliance for

facilities planning to install the

necessary air pollution control

equipment.

7. A Requirement that all designated

facilities, whether or not they have been

identified in the Plan, are in compliance

no later than September 15, 2002.

8. Testing, monitoring, reporting and

recordkeeping requirements for the

designated facilities;

9. Records from the public hearing;

and,

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38737

10. Provisions for progress reports to

EPA.

A. Why Is the Utah HMIWI State Plan

Approvable?

EPA compared the Utah rules (UAC

R307–220–3 and R307-222) against our

HMIWI EG. EPA finds the Utah rules to

be at least as protective as the EG. The

Utah State Plan was reviewed for

approval with respect to the following

criteria: 40 CFR 60.23 through 60.26,

Subpart B—Adoption and Submittal of

State Plans for Designated Facilities;

and, 40 CFR 60.30e through 60.39e,

Subpart Ce—Emission Guidelines and

Compliance Times for Hospital/

Medical/Infectious Waste Incinerators.

The Utah State Plan satisfies the

requirements for an approvable section

111(d) plan under subparts B and Ce of

40 CFR part 60. For these reasons, we

are approving the Utah HMIWI State

Plan.

B. Is My HMIWI Subject To Utah’s

Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion and

does not qualify for exemption under 40

CFR 60.32e (b)–(h) (UAC R307–222–

1.(2)), you are subject to these

regulations.

C. What Steps Do I Need To Take?

First, you will need to decide whether

you will continue to operate your

incinerator and comply with the

requirements of the Utah State Plan, or

whether you will shut down your

incinerator.

If you decide to continue operating

your incinerator, Utah’s State Plan

requires that you comply with all

requirements within one year after EPA

approval of the State Plan, unless you

petition the executive secretary of the

Utah Department of Environmental

Quality for a later compliance date.

Utah also incorporated by reference the

requirements contained in 40 CFR part

60, subpart Ce which contains

additional compliance time

requirements. You must meet the

requirements listed in R307–220–3 and

R307–222, summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. Determine if your incinerator

qualifies for treatment as a small rural

incinerator (40 CFR 60.33e(b), 60.36e,

60.37e(d), and 60.38e(b); 62 FR 48380,

September 15, 1997).

3. You must meet the emission limits

established for your incinerator’s size

category. 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.

(40 CFR 60.33e; 62 FR 48382, September

15, 1997).

4. You must meet a 10% opacity limit

on your incinerator’s discharge,

averaged over a six-minute block (40

CFR 60.33e(c); 62 FR 48380, September

15, 1997).

5. You must have a qualified HMIWI

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

60.53c(c) (40 CFR 60.34e; 62 FR 48380).

Your operator must be certified no later

than one year after we approve this Utah

State Plan (40 CFR 60.39e(e); 62 FR

48382).

6. You must develop a waste

management plan, and submit it to the

Utah Department of Environmental

Quality no later than one year after we

approve this State Plan. Your waste

management plan will describe the solid

waste practices that your facility will

undertake to reduce the amount of

hospital, medical, and infectious waste

that is disposed of in your incinerator.

Your 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. (40 CFR 60.35e; 62 FR 48380).

7. You must conduct an initial

performance test to determine your

incinerator’s compliance with these

emission limits. (40 CFR 60.37e and

60.8; 62 FR 48380).

8. You must install and maintain

devices to monitor the parameters listed

under Table 3 to subpart Ec (40 CFR

60.37e(c); 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 (40 CFR 60.38e;

62 FR 48381).

10. You must report to the Utah

Department of Environmental Quality

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 (40 CFR 60.38e; 62 FR 48381).

11. You must submit a complete Title

V operating permit application to the

Utah Department of Environmental

Quality no later than September 15,

2000.

12. 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 (40 CFR 60.39e;

62 FR 48381). The criteria for requesting

an extension of your compliance date,

and the milestones that you would be

required to meet, are explained in

R307–222–3 and the Utah State Plan.

You may petition the Executive

Secretary of the Utah Department of

Environmental Quality to extend your

compliance date to a date as late as

three years after we approve this Utah

State Plan, but no later than September

15, 2002.

If you decide to shut down your

incinerator, you must do so within one

year of our approval of this State Plan,

unless you petition the Executive

Secretary for a later date in accordance

with the provisions of the State Plan

and R307–222–3.

VIII. What Does the Wyoming State

Plan Contain?

Wyoming adopted the Federal NSPS

and EG requirements into the Wyoming

Air Quality Standards and Regulations

(WAQSR), Chapter 4, section 5. The

Wyoming State Plan contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d) State Plan. The State did not,

however, submit evidence of authority

to regulate existing HMIWI in Indian

Country as defined in 18 U.S.C. 1151.

Therefore, EPA is not approving this

State Plan as it relates to those sources.

2. State rules adopted into WAQSR

Chapter 4, section 5, as the mechanism

for implementing the emission

guidelines.

3. An inventory of thirty-four 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 of three years

after EPA approval of the State Plan but

not later than September 15, 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.

A. Why Is the Wyoming HMIWI State

Plan Approvable?

EPA compared the Wyoming rules

(WAQSR Chapter 4, section 5) against

our HMIWI EG. EPA finds the Wyoming

rules to be at least as protective as the

EG. The Wyoming State Plan was

38738 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

reviewed for approval with respect to

the following criteria: 40 CFR 60.23

through 60.26, Subpart B—Adoption

and Submittal of State Plans for

Designated Facilities; and, 40 CFR

60.30e through 60.39e, Subpart Ce—

Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators. The Wyoming State

Plan satisfies the requirements for an

approvable section 111(d) plan under

subparts B and Ce of 40 CFR part 60. For

these reasons, we are approving the

Wyoming HMIWI State Plan.

B. Is My HMIWI Subject to Wyoming’s

Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion and

does not qualify for exemption under 40

CFR 60.32e (b)–(h) (WAQSR Ch. 4, sec.

5(b)(ii)–(ix)), you are subject to these

regulations.

C. What Steps Do I Need To Take?

First, you will need to decide whether

you will continue to operate your

incinerator and comply with the

requirements of the Wyoming State

Plan, or whether you will shut down

your incinerator.

If you decide to continue operating

your incinerator, Wyoming’s State Plan

requires that you comply with all

requirements within one year after EPA

approval of the State Plan, unless you

petition the Administrator of the

Wyoming Air Quality Division for a

later compliance date. Wyoming also

incorporated the requirements

contained in 40 CFR part 60, subpart Ce

which contains additional compliance

time requirements. You must meet the

requirements listed in WAQS&R Ch. 4,

sec. 5, summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. Determine if your incinerator

qualifies for treatment as a small rural

incinerator (40 CFR 60.33e(b), 60.36e,

60.37e(d), and 60.38e(b); 62 FR 48380,

September 15, 1997).

3. You must meet the emission limits

established for your incinerator’s size

category. See Table 1 of 40 CFR part 60,

subpart Ce to determine the specific

emission limits which apply to you. (40

CFR 60.33e; 62 FR 48382, September 15,

1997).

4. You must meet a 10% opacity limit

on your incinerator’s discharge,

averaged over a six-minute block (40

CFR 60.33e(c); 62 FR 48380, September

15, 1997).

5. You must have a qualified HMIWI

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

60.53c(c) (40 CFR 60.34e; 62 FR 48380).

Your operator must be certified no later

than one year after we approve the

Wyoming State Plan (40 CFR 60.39e(e);

62 FR 48382).

6. You must develop a waste

management plan, and submit it to the

Wyoming Department of Environmental

Quality no later than one year after we

approve this State Plan. Your waste

management plan will describe the solid

waste practices that your facility will

undertake to reduce the amount of

hospital, medical, and infectious waste

that is disposed of in your incinerator.

Your 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 (40 CFR 60.35e; 62 FR 48380).

7. You must conduct an initial

performance test to determine your

incinerator’s compliance with these

emission limits (40 CFR 60.37e and

60.8; 62 FR 48380).

8. You must install and maintain

devices to monitor the parameters listed

under Table 3 to subpart Ec (40 CFR

60.37e(c); 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 (40 CFR 60.38e;

62 FR 48381).

10. You must report to the Wyoming

Department of Environmental Quality

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 (40 CFR 60.38e; 62 FR 48381).

11. You must submit a complete Title

V operating permit application to the

Wyoming Department of Environmental

Quality no later than September 15,

2000.

12. 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 (40 CFR 60.39e;

62 FR 48381). The criteria for requesting

an extension of your compliance date,

and the milestones that you would be

required to meet, are explained in

WAQSR Ch. 4, sec. 5(i) and the

Wyoming State Plan. You may petition

the Administrator of the Wyoming Air

Quality Division to extend your

compliance date to a date as late as

three years after we approve this

Wyoming State Plan, but no later than

September 15, 2002.

If you decide to shut down your

incinerator, you must do so within one

year of our approval of this State Plan,

or by September 15, 2000, whichever

occurs first (WAQSR Ch. 4, sec. 5(i)(i)).

IX. Administrative Requirements

A. Executive Order 12866

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.

B. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it is not an

economically significant action under

Executive Order 12866.

C. Executive Order 13084

Under Executive Order 13084 (63 FR

27655, May 10, 1998), EPA may not

issue a regulation that is not required by

statute, that significantly affects or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38739

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule implements

requirements specifically set forth by

the Congress in sections 111 and 129 of

the Clean Air Act, as amended in 1990,

without the exercise of any discretion

by EPA. This action does not

significantly or uniquely affect the

communities of Indian tribal

governments. This action does not

involve or impose any requirements that

affect Indian Tribes. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

D. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by State and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

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, 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. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

Pursuant to section 605(b) of the RFA,

I certify that this rule will not have a

significant economic impact on a

substantial number of small entities.

This Federal action approves preexisting requirements under State law

and imposes no new requirements on

any entity affected by this rule,

including small entities. Therefore,

these amendments will not have a

significant impact on a substantial

number of small entities.

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. 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

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.

H. National Technology Transfer and

Advancement Act

In reviewing 111(d)/129 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

111(d)/129 plan submission for failure

to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a 111(d)/129 plan

submission, to use VCS in place of a

111(d)/129 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.

I. 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 August 21, 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.

38740 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

Dated: June 2, 2000.

Rebecca W. Hanmer,

Acting Regional Administrator, Region VIII.

40 CFR part 62 is amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671.

Subpart G—Colorado

2. Add a new undesignated center

heading and §§ 62.1360, 62.1361, and

62.1362 to subpart G to read as follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.1360 Identification of plan.

Section 111(d) Plan for Hospital/

Medical/Infectious Waste Incinerators

and the associated State regulation in

part A of Colorado Regulation No. 6,

submitted by the State on December 22,

1998 and October 4, 1999.

§ 62.1361 Identification of sources.

The plan applies to all existing

hospital/medical/infectious waste

incinerators for which construction was

commenced on or before June 20, 1996,

as described in 40 CFR part 60, subpart

Ce.

§ 62.1362 Effective date.

The effective date for the portion of

the plan applicable to existing hospital/

medical/infectious waste incinerators is

August 21, 2000.

* * * * *

Subpart BB—Montana

3. Add a new undesignated center

heading and §§ 62.6610, 62.6611, and

62.6612 to subpart BB to read as

follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.6610 Identification of plan.

Section 111(d) Plan for Hospital/

Medical/Infectious Waste Incinerators

and the associated State regulation in

sections 17.8.302(1)(k) and 17.8.340 of

the Administrative Rules of Montana,

submitted by the State on January 19,

1999.

§ 62.6611 Identification of sources.

The plan applies to all existing

hospital/medical/infectious waste

incinerators for which construction was

commenced on or before June 20, 1996,

as described in 40 CFR part 60, subpart

Ce.

§ 62.6612 Effective date.

The effective date for the portion of

the plan applicable to existing hospital/

medical/infectious waste incinerators is

August 21, 2000.

* * * * *

Subpart QQ—South Dakota

4. Add a new undesignated center

heading and §§ 62.10360, 62.10361, and

62.10362 to subpart QQ to read as

follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.10360 Identification of plan.

Section 111(d) Plan for Hospital/

Medical/Infectious Waste Incinerators

and the associated State regulation,

chapter 74:36:07 section 74:36:07:06.01

of the Administrative Rules of South

Dakota, submitted by the State on

February 7, 2000.

§ 62.10361 Identification of sources.

The plan applies to all existing

hospital/medical/infectious waste

incinerators for which construction was

commenced on or before June 20, 1996,

as described in 40 CFR part 60, Subpart

Ce.

§ 62.10362 Effective date.

The effective date for the portion of

the plan applicable to existing hospital/

medical/infectious waste incinerators is

August 21, 2000.

Subpart TT—Utah

5. Add a new undesignated center

heading and §§ 62.11120, 62.11121, and

62.11122 to subpart TT to read as

follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.11120 Identification of plan.

Section 111(d) Plan for Hospital/

Medical/Infectious Waste Incinerators

and the associated State regulation

R307–220–3 and R307–222 of the Utah

Air Conservation Regulations, submitted

by the State on March 2, 1999 and

October 25, 1999.

§ 62.11121 Identification of sources.

The plan applies to all existing

hospital/medical/infectious waste

incinerators for which construction was

commenced on or before June 20, 1996,

as described in 40 CFR part 60, subpart

Ce.

§ 62.11122 Effective date.

The effective date for the portion of

the plan applicable to existing hospital/

medical/infectious waste incinerators is

August 21, 2000.

* * * * *

Subpart ZZ—Wyoming

6. Add a new undesignated center

heading and §§ 62.12610, 62.12611, and

62.12612 to subpart ZZ to read as

follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.12610 Identification of plan.

Section 111(d) Plan for Hospital/

Medical/Infectious Waste Incinerators

and the associated State regulation,

Chapter 4, section 5, of the Wyoming

Air Quality Standards and Regulations,

submitted by the State on September 7,

1999 and November 9, 1999.

§ 62.12611 Identification of sources.

The plan applies to all existing

hospital/medical/infectious waste

incinerators for which construction was

commenced on or before June 20, 1996,

as described in 40 CFR part 60, subpart

Ce.

§ 62.12612 Effective date.

The effective date for the portion of

the plan applicable to existing hospital/

medical/infectious waste incinerators is

August 21, 2000.

[FR Doc. 00–15292 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[AZ 025–MWIa; FRL–6717–7a]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Arizona; Control of

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves the

Arizona State hospital/medical/

infectious waste incinerator (HMIWI)

111(d)/129 plan (the ‘‘plan’’) submitted

on November 16, 1999 by the Arizona

Department of Environmental Quality

(ADEQ). The plan was submitted to

fulfill requirements of the Clean Air Act

(CAA). The plan establishes emission

limitations and other requirements for

existing HMIWIs and provides for the

implementation and enforcement of

those limitations and requirements.