Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 72581 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2013–0678; FRL–9903–33– 

Region–5] 

Direct Final Approval of Hospital/

Medical/Infectious Waste Incinerator 

Negative Declaration for Designated 

Facilities and Pollutants: Michigan and 

Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is notifying the public 

that we have received negative 

declarations from Michigan and 

Wisconsin regarding Hospital/Medical/

Infectious Waste Incinerator (HMIWI) 

units within those states. The Michigan 

Department of Environmental Quality 

(MDEQ) submitted its negative 

declaration on August 9, 2013. The 

Wisconsin Department of Natural 

Resources (WDNR) submitted its 

negative declaration on July 15, 2013. 

Each state notified EPA in its negative 

declaration letter that there are no 

HMIWI units subject to the 

requirements of sections 111(d) and 129 

of the Clean Air Act (Act) currently 

operating in its state. 

DATES: This direct final rule will be 

effective February 3, 2014, unless EPA 

receives adverse comments by January 

2, 2014. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0678, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312) 692–2543. 

4. Mail: Carlton T. Nash, Chief, Toxics 

and Global Atmosphere Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Toxics and Global Atmosphere 

Section, Air Toxics and Assessment 

Branch (AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0678. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Margaret Sieffert, 

Environmental Engineer, at (312) 353– 

1151 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. Final EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

Section 111(d) of the Act requires that 

EPA develop regulations providing that 

states must submit to EPA plans 

establishing standards of performance 

for certain existing sources of pollutants 

when a standard of performance would 

apply to the existing source if it were a 

new source, and if the pollutants are 

noncriteria pollutants (i.e., pollutants 

for which there is no national ambient 

air quality standards) and are not on a 

list published under section 108 of the 

Act or emitted from a source category 

regulated under section 112 of the Act. 

Section 129 of the Act and 40 CFR part 

60, Subpart B apply the section 111(d) 

requirements to existing solid waste 

combustors, including HMIWIs, and 

provide that EPA should include, as 

part of the performance standards, 

emissions guidelines (EGs) that include 

the plan elements required by section 

129. 

EPA promulgated new source 

performance standards and EGs for 

HWIMIs on September 15, 1997 and 

December 19, 1995, respectively (62 FR 

48382, 60 FR 65414), and amended 

them most recently on April 4, 2011 (76 

FR 18407). The standards and EGs are 

codified at 40 CFR part 60, subparts Ec 

and Ce, respectively. Thus, states were 

required to develop plans for existing 

HWIMIs, pursuant to sections 111(d) 

and 129 of the Act and 40 CFR part 60, 

subpart B. 

A HMIWI unit is defined in 40 CFR 

60.51c as any device that combusts any 

amount of hospital waste and/or 

medical/infectious waste. The 

designated facilities to which the EGs 

apply are existing HMIWI units that: (1) 

commenced construction on or before 

June 20, 1996, or for which a 

modification was commenced on or 

before March 16, 1998; or (2) 

commenced construction after June 20, 

1996 but no later than December 1, 

2008, or for which a modification 

commenced after March 16, 1998 but no 

later than April 6, 2010, with limited 

exceptions as provided in paragraphs 40 

CFR 60.32e(b) through (h). 

40 CFR part 60, subpart B contains 

general provisions applicable to the 


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72582 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 

adoption and submittal of state plans for 

subject facilities under sections 111(d) 

and 129 (111(d)/129 plan). 40 CFR part 

62, subpart A provides the procedural 

framework for the submission of the 

plans. However, 40 CFR 60.23(b) and 

62.06 provide that, if there are no 

existing sources of the designated 

pollutant in a state, the state may submit 

a letter of certification to that effect (i.e., 

a negative declaration) in lieu of a plan. 

The negative declaration exempts the 

state from the provisions of 40 CFR part 

60, subpart B that require the submittal 

of a 111(d)/129 plan. 

On August 9, 2013, MDEQ submitted 

its HMIWI negative declaration, in 

which it certifies that there are no 

HWIMI units currently operating in 

Michigan. EPA received the negative 

declaration on August 16, 2013. On July 

15, 2013, WDNR submitted its HMIWI 

negative declaration, in which it 

certifies that there are no HWIMI units 

currently operating in Wisconsin. EPA 

received WDNR’s negative declaration 

on July 23, 2013. 

II. Final EPA Action 

In this direct final action, EPA is 

providing the public with notice of, and 

amending 40 CFR part 62 to reflect, 

EPA’s receipt of the Michigan and 

Wisconsin negative declarations. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

non-controversial action 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 amend 40 CFR part 62 

to reflect receipt of the negative 

declarations in the event adverse 

written comments are filed. This rule 

will be effective February 3, 2014 

without further notice unless we receive 

relevant adverse written comments by 

January 2, 2014. If we receive such 

comments, we will withdraw this action 

before the effective date by publishing a 

subsequent document that will 

withdraw the final action. EPA then will 

address all public comments in a 

subsequent final rule based on the 

proposed action. EPA will not institute 

a second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on any part of this action and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

February 3, 2014. 

III. Statutory and Executive Order 

Reviews 

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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely notifies 

the public of EPA receipt of a negative 

declaration from an air pollution control 

agency without any existing HMIWI 

units in its state. This action imposes no 

requirements. 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 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 (Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action merely 

recognizes the negative declaration for 

existing HMIWI units from the MDEQ 

and WDNR, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Act. This rule also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

With regard to negative declarations 

for designated facilities received by EPA 

from states, EPA’s role is to notify the 

public of the receipt of such negative 

declarations and revise 40 CFR Part 62 

accordingly. 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 section 111(d)/129 plan 

negative declaration submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a section 111(d)/ 

129 negative declaration submission, to 

use VCS in place of a section 111(d)/129 

negative declaration that otherwise 

satisfies the provisions of the 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. 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 3, 2014. 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 

approving Michigan’s and Wisconsin’s 

section 111(d)/129 negative declarations 

for HMIWI sources may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Hospital/

medical/infectious waste incinerators, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 


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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 72583 

Dated: November 8, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

■ 2. Subpart X is amended by adding 

new § 62.5610 and a new undesignated 

center heading to read as follows: 

CONTROL OF AIR EMISSIONS FROM 

HOSPITAL/MEDICAL/INFECTIOUS 

WASTE INCINERATORS 

§ 62.5610 Identification of plan—negative 

declaration. 

On August 9, 2013, the Michigan 

Department of Environmental Quality 

submitted a negative declaration letter 

to EPA certifying that there are no 

existing Hospital/Medical/Infectious 

Waste Incinerators (HMIWI) units in the 

State of Michigan subject to the 

emissions guidelines at 40 CFR part 60, 

subpart Ce. 

■ 3. Subpart YY is amended by adding 

new § 62.12320 and a new undesignated 

center heading to read as follows: 

CONTROL OF AIR EMISSIONS FROM 

HOSPITAL/MEDICAL/INFECTIOUS 

WASTE INCINERATORS 

§ 62.12320 Identification of plan—negative 

declaration. 

On July 15, 2013, the Wisconsin 

Department of Natural Resources 

submitted a negative declaration letter 

to EPA certifying that there are no 

existing Hospital/Medical/Infectious 

Waste Incinerators (HMIWI) units in the 

State of Wisconsin subject to the 

emissions guidelines at 40 CFR part 60, 

subpart Ce. 

[FR Doc. 2013–28965 Filed 12–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100217097–1757–02] 

RIN 0648–XC981 

Reef Fish Fishery of the Gulf of 

Mexico; 2013 Accountability Measure 

and Closure for Hogfish in the Gulf of 

Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial and recreational sectors for 

hogfish in the exclusive economic zone 

(EEZ) of the Gulf of Mexico (Gulf) for 

the 2013 fishing year through this 

temporary final rule. Based on the 

commercial and recreational landings, 

NMFS determined that the stock 

(commercial and recreational) annual 

catch limit (ACL) for Gulf hogfish has 

been reached. Therefore, NMFS closes 

the commercial and recreational sectors 

for hogfish in the Gulf EEZ at 12:01 

a.m., local time, December 2, 2013, until 

January 1, 2014. This closure is 

necessary to protect the Gulf hogfish 

resource. 

DATES: This rule is effective 12:01 a.m., 

local time on December 2, 2013, until 

12:01 a.m., local time on January 1, 

2014, unless changed by subsequent 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, Southeast Regional Office, 

telephone 727–824–5305, email 

rich.malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf, which includes 

hogfish, is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (Reef 

Fish FMP). The Reef Fish FMP was 

prepared by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On December 29, 2011, NMFS 

published the final rule for the Generic 

Annual Catch Limits/Accountability 

Measures Amendment to the Red Drum, 

Reef Fish Resources, Shrimp, and Coral 

and Coral Reefs Fishery Management 

Plans for the Gulf of Mexico (Generic 

ACL Amendment; 76 FR 82044) as 

prepared and submitted by the Council. 

This final rule, in part, implemented 

changes to the Reef Fish FMP, including 

setting a stock ACL and implementing 

AMs for Gulf hogfish. 

The Gulf hogfish stock ACL is 208,000 

lb (94,347 kg), round weight, as 

specified in 50 CFR 622.41(p). 

In accordance with regulations at 50 

CFR 622.41(p), if the sum of commercial 

and recreational landings exceed the 

stock ACL in a fishing year, then if the 

stock ACL is again reached or projected 

to be reached in the following fishing 

year, NMFS is required to close the 

commercial and recreational sectors for 

hogfish for the remainder of that 

following fishing year. NMFS 

determined that the stock ACL for Gulf 

hogfish was exceeded in the 2012 

fishing year. Based on 2013 commercial 

and recreational landings, NMFS has 

determined that the stock ACL of 

208,000 lb (94,347 kg), round weight, for 

Gulf hogfish has been reached for the 

2013 fishing year. Therefore, NMFS 

implements the in-season AM and the 

commercial and recreational harvest of 

Gulf hogfish will close at 12:01 a.m., 

local time on December 2, 2013, until 

12:01 a.m., local time on January 1, 

2014. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Gulf hogfish and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.41(p) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. 

Pursuant to 5 U.S.C. 553(b)(B), there is 

good cause to waive the requirements to 

provide prior notice and opportunity for 

public comment on this temporary rule 

because such procedures are 

unnecessary. The AMs state that NMFS 

will file a notification with the Office of 

the Federal Register to close the 

commercial and recreational sectors for 

Gulf hogfish for the remainder of the 

fishing year if landings reach or are 

projected to reach the stock ACL 

specified in 50 CFR 622.41(p) in the 

year following an overage of the hogfish 

stock ACL. All that remains is to notify 

the public of the reduced fishing season 


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