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.

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38741

DATES: This final rule is effective August

21, 2000 unless by July 24, 2000 adverse

or critical comments are received. If

adverse comment is received, EPA 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: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the submitted Plan and EPA’s

evaluation report are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted Plan are

available for inspection at the following

locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Arizona Department of Environmental

Quality, 3033 North Central, Phoenix,

Arizona 85012

FOR FURTHER INFORMATION CONTACT:

Patricia A. Bowlin, (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901,

Telephone: (415) 744–1188.

SUPPLEMENTARY INFORMATION: This

document is divided into Sections I

through V and answers the questions

posed below.

I. General Provisions

What action is EPA approving?

What is a State 111(d)/129 plan?

What pollutants will this action control?

What are the expected environmental and

public health benefits from controlling

HMIWI emissions?

II. Federal Requirements the Arizona

HMIWI 111(d)/129 Plan Must Meet for

Approval

What general EPA requirements must

Arizona meet to receive approval of its

County 111(d)/129 plan?

What does the Arizona plan contain?

Does the Arizona State plan meet all EPA

requirements for approval?

III. Requirements for Affected HMIWI

Owners/Operators

How do I determine if my HMIWI is subject

to the Arizona 111(d)/129 plan?

What general requirements must I meet

under the Arizona 111(d)/129 plan?

What emissions limits must I meet, and in

what time frame?

Are there any operational requirements for

my HMIWI and emissions control system?

What are the testing, monitoring,

recordkeeping, and reporting requirements

for my HMIWI?

Is there a requirement for obtaining a Title V

permit?

IV. Final EPA Action

V. Administrative Requirements

I. General Provisions

Q. What Action Is EPA Approving?

A. EPA is approving the Arizona

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

control of air pollutant emissions from

hospital/medical/infectious waste

incinerators (HMIWIs). The plan was

submitted to EPA by the Arizona

Department of Environmental Quality

(ADEQ) on November 16, 1999. The

plan contains requirements applicable

to HMIWIs located in the jurisdictions

of ADEQ and the Maricopa County

Environmental Services Department

(MCESD). EPA is publishing this

approval action without prior proposal

because we view this as a

noncontroversial action and anticipate

no adverse comments.

Q. What Is a State 111(d)/129 Plan?

A. Section 111(d) of the Clean Air Act

(CAA) requires that ‘‘designated’’

pollutants, controlled under standards

of performance for new stationary

sources by section 111(b) of the CAA,

must also be controlled at existing

sources in the same source category to

a level stipulated in an emission

guidelines (EG) document. Section 129

of the CAA specifically addresses solid

waste incineration and emissions

controls based on what is commonly

referred to as maximum achievable

control technology (MACT). Section 129

requires EPA to promulgate a MACT

based emission guideline (EG)

document and then requires states to

develop 111(d)/129 plans that

implement and enforce the EG

requirements. The HMIWI EG at 40 CFR

part 60, subpart Ce, establish the MACT

requirements under the authority of

both sections 111(d) and 129 of the

CAA. These requirements must be

incorporated into a State 111(d)/129

plan that is ‘‘at least as protective’’ as

the EG and is Federally enforceable

upon approval by EPA.

The procedures for adoption and

submittal of State 111(d)/129 plans are

codified in 40 CFR part 60, subpart B.

Additional information on the submittal

of State plans is provided in the EPA

document, ‘‘Hospital/Medical/Infectious

Waste Incinerator Emission Guidelines:

Summary of the Requirements for

Section 111(d)/129 State Plan, EPA–

456/R–97–007, November, 1997.’’

Q. What Pollutant(s) Will This Action

Control?

A. The September 15, 1997

promulgated EG, Subpart Ce, are

applicable to all existing HMIWIs (i.e.,

the designated facilities). HMIWIs emit

metals (cadmium, lead, mercury,

particulate matter, and opacity), acid

gases (hydrogen chloride and sulphur

dioxide), organics (dioxins/furans),

carbon monoxide, and nitrogen oxides.

This action establishes emission

limitations for each of these pollutants.

Q. What Are the Expected

Environmental and Public Health

Benefits From Controlling HMIWI

Emissions?

A. HMIWI emissions can have adverse

effects on both public health and the

environment. Dioxin, lead, and mercury

can bioaccumulate in the environment.

Exposure to dioxins/furans has been

linked to reproductive and

developmental effects, changes in

hormone level, and chloracne.

Respiratory and other effects are

associated with exposure to particulate

matter, sulfur dioxide, cadmium,

hydrogen chloride, and mercury. Health

effects associated with exposure to

cadmium and lead include probable

carcinogenic effects. Acid gases

contribute to the acid rain that lowers

the pH of surface waters and

watersheds, harms forests, and damages

buildings.

II. Federal Requirements the Arizona

HMIWI 111(d)/129 Plan Must Meet for

Approval

Q. What General Requirements Must

Arizona Meet To Receive Approval of Its

County 111(d)/129 Plan?

A. The plan must meet the

requirements of both 40 CFR part 60,

subparts B and Ce. Subpart B specifies

detailed procedures for the adoption

and submittal of State plans for

designated pollutants and facilities. The

EG, subpart Ce, and the related new

source performance standards (NSPS),

subpart Ec, contain the requirements for

the control of designated pollutants, as

listed above, in accordance with

sections 111(d) and 129 of the CAA. In

general, the applicable provisions of

subpart Ec relate to compliance and

performance testing, monitoring,

reporting, and recordkeeping. More

specifically, the Arizona plan must meet

the requirements of (1) 40 CFR part 60,

subpart Ce, sections 60.30e through

60.39c, and the related subpart Ec

provisions; and (2) 40 CFR part 60,

subpart B, sections 60.23 through 26.

Q. What Does the Arizona Plan Contain?

A. Consistent with the requirements

of subparts B, Ce and Ec, the Arizona

plan contains the following elements:

1. A demonstration of the ADEQ’s and

MCESD’s legal authority to implement

38742 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

1The submitted Arizona HMIWI plan does not

apply to HMIWIs located in the counties of Pima

and Pinal. The Pima County Department of

Environmental Quality and the Pinal County Air

Quality Control District intend to adopt regulations

to implement the EG later this year. In the future,

ADEQ will submit these regulations to EPA as

amendments to the Arizona HMIWI plan.

the plan, in their respective

jurisdictions, under Arizona law;

2. Identification of the plan’s

enforceable mechanisms, Arizona

Administrative Code (AAC) R18–2–732

(Standards of Performance for Existing

Hospital/Medical/Infectious Waste

Incinerators), and Maricopa County

Rule 317 (Hospital/Medical/Infectious

Waste Incinerators);

3. Source and emission inventories, as

required;

4. Emission limitation requirements

that are no less stringent than those in

Subpart Ce;

5. A source compliance schedule,

including increments of progress, as

required;

6. Source testing, monitoring,

recordkeeping, and reporting

requirements;

7. HMIWI operator training and

qualification requirements;

8. Requirements for development of a

Waste Management Plan;

9. Records of the public hearing on

the State plan;

10. Provision for State submittal to

EPA of annual reports on progress in

plan enforcement; and

11. A Title V permit application due

date.

The State regulation, AAC R18–2–

732, was adopted by the Governor’s

Regulatory Review Council on August 3,

1999 and became effective on August

10, 1999. The Maricopa County

regulation, Rule 317, was adopted by

MCESD on April 7, 1999 and became

effective on April 7, 1999. Both

regulations incorporate by reference

(IBR) applicable subpart Ec

requirements.

Q. Does the Arizona State Plan Meet All

EPA Requirements for Approval?

A. Yes. The ADEQ has submitted a

plan that conforms to all EPA Subpart

B and Ce requirements. Each of the

above listed plan elements is

approvable. Details regarding the

approvability of the plan elements are

included in the technical support

document (TSD) associated with this

action. A copy of the TSD is available,

upon request, from the EPA Regional

Office listed in the ADDRESSES section of

this document.

III. Requirements Affected HMIWI

Owners/Operators

Q. How Do I Determine if My HMIWI Is

Subject to the Arizona 111(d)/129 Plan?

A. The Arizona plan only applies to

HMIWIs under the jurisdictions of

ADEQ and MCSED.1 If construction

commenced on your HMIWI on or

before June 20, 1996, your HMIWI is

classified as an existing or designated

facility that may be subject to the plan.

The plan contains no lower

applicability threshold based on

incinerator capacity. However, there are

designated facility exemptions. Those

exemptions include incinerators that

burn only pathological, low level

radioactive, and/or chemotherapeutic

waste; co-fired combustors; incinerators

permitted under section 3005 of the

Solid Waste Disposal Act; municipal

waste combustors (MWC) subject to

EPA’s municipal waste combustor rule;

pyrolysis units; and cement kilns. The

provisions regarding applicability and

exemptions are found in section A of

AAC R18–2–732 and in section 102 of

Maricopa Rule 317.

Q. What General Requirements Must I

Meet Under the Arizona 111(d)/129

Plan?

A. In general, the State and Maricopa

County HMIWI regulations establish the

following requirements:

• Emission limitations for particulate

matter (PM), opacity, carbon monoxide

(CO), dioxins/furans (CDD/CDF),

hydrogen chloride (HCl), sulfur dioxide

(SO2), nitrogen oxides (NOX), lead (Pb),

cadmium (Cd), and mercury (Hg)

• Compliance and performance

testing

• Operating parameter monitoring

• Operator training and qualification

• Development of a waste

management plan

• Source testing, recordkeeping and

reporting

• A Title V permit

A full and comprehensive statement

of the above requirements is

incorporated in the AAC R18–2–732

and Maricopa Rule 317.

Q. What Emissions Limits Must I Meet,

and in What Time Frame?

A. You must install an emissions

control system capable of meeting the

maximum available control technology

(MACT) emission limitations for the

pollutants identified above. The

emissions limitations are stipulated in

section E of AAC R18–2–732 and in

sections 302 and 303 of Maricopa Rule

317. All designated facilities must be in

compliance with the emission

limitations on or before the effective

date of the relevant regulation.

Q. Are There Any Operational

Requirements for My HMIWI and

Emissions Control System?

A. Yes, there are operational

requirements. In summary, the

operational requirements relate to: (1)

The HMIWI and air pollution control

devices (APCD) operating within certain

established parameter limits,

determined during the initial

performance test; (2) the use of a trained

and qualified HMIWI operator; and (3)

the completion of an annual update of

operation and maintenance information,

and its review by the HMIWI operators.

Failure to operate the HMIWI or

APCD within the established operating

parameter limits constitutes an

emissions violation for the controlled

air pollutants. However, as a HMIWI

owner/operator, you are provided an

opportunity to establish revised

operating limits, and demonstrate that

your facility is meeting the required

emission limitations, providing a repeat

performance test is conducted in a

timely manner.

A fully trained and qualified operator

must be available at your facility during

the operation of the HMIWI, or the

operator must be readily available to the

facility within one hour. In order to be

classified as a qualified operator, you

must complete an appropriate HMIWI

operator training course that meets the

Subpart Ec criteria referenced in AAC

R18–2–732 at section F and in Maricopa

Rule 317 at sections 301 and 306. The

Arizona plan requires compliance with

this training requirement within one

year of EPA approval of the State Plan.

Also, as a HMIWI owner/operator,

you are required to develop and update

annually site-specific information

regarding your facilities’ operations.

Each of your HMIWI operators is

required on an annual basis to review

the updated operational information.

The ADEQ and MCESD regulations IBR

the applicable operational requirements

of the EG and the related NSPS. See

subpart Ec, sections 60.53c, 60.56c, and

60.58c, respectively for details regarding

these operational requirements.

Q. What Are the Testing, Monitoring,

Recordkeeping, and Reporting

Requirements for My HMIWI?

A. Testing, monitoring,

recordkeeping, and reporting

requirements are summarized below:

You are required to conduct an initial

stack test to determine compliance with

the emission limitations for PM,

opacity, CO, CDD/CDF, HCl, Pb, Cd, and

Hg. As noted above, operating parameter

limits are monitored and established

during the initial performance test.

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38743

2The State did not submit evidence of authority

to regulate existing HMIWIs in Indian Country;

therefore, EPA is not approving this Plan as it

relates to those sources.

Monitored HMIWI operating parameters

include, for example, waste charge rate,

secondary chamber and bypass stack

temperatures. APCD operating

parameters include, for example, CDD/

CDF and Hg sorbent (e.g., carbon) flow

rate, hydrogen chloride sorbent (e.g.,

lime) flow rate, PM control device inlet

temperature, pressure drop across the

control system, and liquid flow rate,

including pH. After the initial stack test,

compliance testing is then required

annually to determine compliance with

the emission limitations for PM, CO,

and HCl.

Recordkeeping and reporting are

required in order to document: (1) The

results of the initial and annual

performance tests, (2) monitoring of sitespecific operating parameters, (3)

compliance with the operator training

and qualification requirements, and (4)

development of the waste management

plan. Records must be maintained for at

least five years.

The ADEQ and MCESD regulations

IBR the applicable testing, monitoring,

recordkeeping, and reporting

requirements of the EG and related

NSPS. See subpart Ec, sections 60.56c,

60.57c, and 60.58c, respectively for

details regarding these requirements.

Q. Is There a Requirement for Obtaining

a Title V Permit?

A. Yes, affected facilities are required

to operate under a Title V permit no

later than September 15, 2000. This is

required under section D of AAC R18–

2–732 and section 401 of Maricopa Rule

317.

IV. Final EPA Action

Based upon the rationale discussed

above and in further detail in the TSD

associated with this action, EPA is

approving the Arizona 111(d)/129 plan

for the control of HMIWI emissions from

designated facilities.2 As provided by 40

CFR 60.28(c), any revisions to the

Arizona plan or associated regulations

will not be considered part of the

applicable plan until submitted by the

ADEQ in accordance with 40 CFR

60.28(a) or (b), as applicable, and until

approved by EPA in accordance with 40

CFR part 60, subpart B.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the 111(d) plan

should relevant adverse or critical

comments be filed. This rule will be

effective August 21, 2000 without

further notice unless the Agency

receives relevant adverse comments by

July 24, 2000. If EPA receives such

comments, then EPA will publish a

document withdrawing the final rule

and informing the public that the rule

will not take effect. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on this rule. Parties interested in

commenting on this rule should do so

at this time. If no such comments are

received, the public is advised that this

rule will be effective on August 21, 2000

and no further action will be taken on

the proposed rule.

V. 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

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

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. 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 August 21, 2000.

Filing a petition for reconsideration by

the Administrator of this final rule does

38744 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

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, Intergovernmental

relations, Hospital/medical/infectious

waste incinerators, Reporting and

recordkeeping requirements.

Dated: June 5, 2000

Laura Yoshii,

Acting Regional Administrator, Region IX.

40 CFR Part 62, Subpart D, is

amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart D—Arizona

2. A new center heading, and

§§ 62.630, 62.631, and 62.632, are added

to Subpart D to read as follows:

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

§ 62.630 Identification of plan.

The Arizona Department of

Environmental Quality submitted on

November 16, 1999 the State of

Arizona’s section 111(d)/129 Plan for

Existing Hospital/Medical/Infectious

Waste Incinerators (HMIWI). The

submitted plan does not apply to

sources located in Pima and Pinal

counties.

§ 62.631 Identification of sources.

The plan applies to existing HMIWI

for which construction was commenced

on or before June 20, 1996, as described

in 40 CFR part 60, subpart Ce.

§ 62.632 Effective date.

The effective date of EPA approval of

the plan is August 21, 2000.

[FR Doc. 00–15288 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[NC–FORS–T5–2000–01a; FRL–6712–5]

Clean Air Act Full Approval of

Operating Permit Program; Forsyth

County (North Carolina)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking final action to

fully approve the operating permit

program of the Forsyth County

Environmental Affairs Department.

Forsyth County’s operating permit

program was submitted in response to

the directive in the 1990 Clean Air Act

(CAA) Amendments that permitting

authorities develop, and submit to EPA,

programs for issuing operating permits

to all major stationary sources and to

certain other sources within the

permitting authorities’ jurisdiction. EPA

granted interim approval to Forsyth

County’s operating permit program on

November 15, 1995. The County revised

its program to satisfy the conditions of

the interim approval and this action

approves those revisions.

DATES: This direct final rule is effective

on August 21, 2000 without further

notice unless EPA receives adverse

comments in writing by July 24, 2000.

If adverse comment is received, EPA

will publish a timely withdrawal of this

direct final rule in the Federal Register

and inform the public that the rule will

not take effect. The public comments

will be addressed in a subsequent final

rule based on the proposed rule

published in this Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Kim

Pierce, Regional Title V Program

Manager, Operating Source Section, Air

& Radiation Technology Branch, EPA,

61 Forsyth Street, SW., Atlanta, Georgia

30303. Copies of Forsyth County’s

submittals and other supporting

documentation relevant to this action

are available for inspection during

normal business hours at EPA, Air &

Radiation Technology Branch, 61

Forsyth Street, SW., Atlanta, Georgia

30303.

FOR FURTHER INFORMATION CONTACT: Kim

Pierce, EPA, Region 4, at (404) 562-

9124.

SUPPLEMENTARY INFORMATION: This

section provides additional information

by addressing the following questions:

What is the operating permit program?

What is being addressed in this document?

What are the program changes that EPA is

approving?

What is involved in this final action?

What is the Operating Permit Program?

The CAA Amendments of 1990

required all state and local permitting

authorities to develop operating permit

programs that met certain Federal

criteria. In implementing the operating

permit programs, the permitting

authorities require certain sources of air

pollution to obtain permits that contain

all applicable requirements under the

CAA. The focus of the operating permit

program is to improve enforcement by

issuing each source a permit that

consolidates all of the applicable CAA

requirements into a Federally

enforceable document. By consolidating

all of the applicable requirements for a

facility, the source, the public, and the

permitting authorities can more easily

determine what CAA requirements

apply and how compliance with those

requirements is determined.

Sources required to obtain an

operating permit under this program

include: ‘‘major’’ sources of air

pollution and certain other sources

specified in the CAA or in EPA’s

implementing regulations. For example,

all sources regulated under the acid rain

program, regardless of size, must obtain

operating permits. Examples of major

sources include those that have the

potential to emit 100 tons per year or

more of volatile organic compounds,

carbon monoxide, lead, sulfur dioxide,

nitrogen oxides, or particulate matter

(PM10 10); those that emit 10 tons per

year of any single hazardous air

pollutant (specifically listed under the

CAA); or those that emit 25 tons per

year or more of a combination of

hazardous air pollutants (HAPs). In

areas that are not meeting the National

Ambient Air Quality Standards for

ozone, carbon monoxide, or particulate

matter, major sources are defined by the

gravity of the nonattainment

classification. For example, in ozone

nonattainment areas classified as

‘‘serious,’’ major sources include those

with the potential of emitting 50 tons

per year or more of volatile organic

compounds or nitrogen oxides.

What is Being Addressed in This

Document?

Where an operating permit program

substantially, but not fully, met the

criteria outlined in the implementing

regulations codified at 40 Code of

Federal Regulations (CFR) part 70, EPA

granted interim approval contingent on

the state revising its program to correct

the deficiencies. Because Forsyth

County’s operating permit program