Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations 22927

COMAR 26.11.19.28, effective October

2, 2000.

(ii) Additional Material.—Remainder

of the October 31, 2000 submittal.

(158) Revision to the Maryland

Regulations which adopt by reference

the EPA definition of VOC found at 40

CFR 51.100(s), update the Maryland

regulation references to the federal PSD

regulations at 40 CFR 52.21 and include

other miscellaneous revisions submitted

on February 6, 1998 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) Letter of February 6, 1998 from

the Maryland Department of the

Environment transmitting the adoption

of the federal definition of VOC, federal

reference updates and other

miscellaneous revisions.

(B) The amendment to COMAR

26.11.01.01B(37) and COMAR

26.11.06.14 which updates the

references for incorporation of the

federal PSD regulations found at 40 CFR

52.21 from the 1993 to the 1996 edition

of the CFR and include other

miscellaneous revisions (COMAR

26.11.01.01B(6–1) and COMAR

26.11.06.06A(1)(d)), effective June 30,

1997.

(C) The amendment to COMAR

26.11.01.01B(53) which adopts by

reference the EPA definition of VOC

found at 40 CFR 51.100(s), 1996 edition

of CFR, effective September 22, 1997.

(ii) Additional Material.—Remainder

of the February 6, 1998 submittal.

(159) Revision to the Maryland

Regulations updating the references to

the federal definition of VOC at 40 CFR

51.100(s) and the federal PSD

regulations at 40 CFR 52.21, submitted

on November 16, 2000 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) Letter of November 16, 2000 from

the Maryland Department of the

Environment transmitting the updates to

the Maryland regulation references to

the federal definition of VOC at 40 CFR

51.100(s) and the federal PSD

regulations at 40 CFR 52.21.

(B) The amendments to COMAR

26.11.01.01B(37) and COMAR

26.11.06.14 which update the reference

for incorporation of the federal PSD

regulations found at 40 CFR 52.21 from

the 1996 to the 1999 edition of the CFR

and the amendment to COMAR

26.11.01.01B(53) which updates the

federal reference for incorporation of the

EPA definition of VOC found at 40 CFR

51.100(s) from the 1996 to the 1999

edition of the CFR, effective October 16,

2000.

(ii) Additional Material.—Remainder

of the November 16, 2000 submittal.

[FR Doc. 01–11279 Filed 5–4–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[SC–038–200102(a); FRL–6973–9]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: South Carolina

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency (EPA)

is approving the section 111(d)/129 Plan

submitted by the South Carolina

Department of Health and

Environmental Control (DHEC) for the

State of South Carolina on September

19, 2000, to implement and enforce the

Emissions Guidelines (EG) for existing

Hospital/Medical/Infectious Waste

Incinerator (HMIWI) units.

DATES: This direct final rule is effective

on July 6, 2001, without further notice,

unless EPA receives adverse comment

by June 6, 2001. If EPA receives adverse

comment, we will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: You should address

comments on this action to Gregory

Crawford, EPA Region 4, Air Planning

Branch, 61 Forsyth Street, SW, Atlanta,

Georgia 30303–3104.

Copies of all materials considered in

this rulemaking may be examined

during normal business hours at the

following locations: EPA Region 4, Sam

Nunn Atlanta Federal Center, 61

Forsyth Street, SW, Atlanta, Georgia

30303–3104; and at the South Carolina

Department of Health and

Environmental Control, Bureau of Air

Quality Control, 2600 Bull Street,

Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT:

Gregory Crawford at (404) 562–9046 or

Scott Davis at (404) 562–9127.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is being taken by EPA today?

II. The HMIWI State Plan Requirement

What is a HMIWI State Plan?

Why are we requiring South Carolina to

submit a HMIWI State Plan?

Why do we need to regulate air emissions

from HMIWIs?

What criteria must a HMIWI State Plan

meet to be approved?

III. What does the South Carolina State Plan

contain?

IV. Is my HMIWI subject to these regulations?

V. What steps do I need to take?

VI. Why is the South Carolina HMIWI State

Plan approvable?

VII. Administrative Requirements

I. What Action Is Being Taken by EPA

Today?

We are approving the South Carolina

State Plan, as submitted on September

19, 2000, for the control of air emissions

from HMIWIs, except for those HMIWIs

located in Indian Country. When EPA

developed our New Source Performance

Standard (NSPS) for HMIWIs, we also

developed EG to control air emissions

from older HMIWIs. (See 62 FR 48348–

48391, September 15, 1997, 40 CFR part

60, subpart Ce [Emission Guidelines and

Compliance Times for HMIWIs] and

subpart Ec [Standards of Performance

for HMIWIs for Which Construction is

Commenced After June 20, 1996]). The

South Carolina DHEC developed a State

Plan, as required by sections 111(d) and

129 of the Clean Air Act (the Act), to

adopt the EG into their body of

regulations, and we are acting today to

approve it.

We are publishing this action without

prior proposal because we view this as

a noncontroversial amendment and

anticipate no adverse comments.

However, in a separate document in this

Federal Register publication, we are

proposing to approve the revision

should significant, material, and adverse

comments be filed. This action is

effective July 6, 2001, unless by June 6,

2001, adverse or critical comments are

received. If we receive such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice 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 July 6, 2001.

II. The HMIWI State Plan Requirement

What Is a HMIWI State Plan?

A HMIWI State Plan is a plan to

control air pollutant emissions from

existing incinerators which burn

hospital waste or medical/infectious

waste. The plan also includes source

and emission inventories of these

incinerators in the State.

22928 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations

Why Are We Requiring South Carolina

To Submit a HMIWI State Plan?

States are required under sections

111(d) and 129 of the Act to submit

State Plans to control emissions from

existing HMIWIs in the State. The State

Plan requirement was triggered when

EPA published the EG for HMIWIs

under 40 CFR part 60, subpart Ce (see

62 FR 48348, September 15, 1997).

Under section 129, EPA is required to

promulgate EG for several types of

existing solid waste incinerators. These

EG establish the Maximum Achievable

Control Technology (MACT) standards

that States must adopt to comply with

the Act. The HMIWI EG also establishes

requirements for monitoring, operator

training, permits, and a waste

management plan that must be included

in State Plans.

The intent of the State Plan

requirement is to reduce several types of

air pollutants associated with waste

incineration.

Why Do We Need To Regulate Air

Emissions From HMIWIs?

The State Plan establishes control

requirements which reduce the

following emissions from HMIWIs:

particulate matter; sulfur dioxide;

hydrogen chloride; nitrogen oxides;

carbon monoxide; lead; cadmium;

mercury; and dioxin/furans. 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.

What Criteria Must a HMIWI State Plan

Meet To Be Approved?

The criteria for approving a HMIWI

State Plan include requirements from

sections 111(d) and 129 of the Act and

40 CFR part 60, subpart B. Under the

requirements of sections 111(d) and 129

of the Act, a State Plan must be at least

as protective as the EG regarding

applicability, emission limits,

compliance schedules, performance

testing, monitoring and inspections,

operator training and certification,

waste management plans, and

recordkeeping and reporting. Under

section 129(e), State Plans must ensure

that affected HMIWI facilities submit

Title V permit applications to the State

by September 15, 2000. Under the

requirements of 40 CFR part 60, subpart

B, the criteria for an approvable section

111(d) plan include demonstration of

legal authority, enforceable

mechanisms, public participation

documentation, source and emission

inventories, and a State progress report

commitment.

III. What Does the South Carolina State

Plan Contain?

The South Carolina DHEC adopted

the Federal EG and NSPS into Chapter

61 of the South Carolina Code,

Regulation No. 61–62.5, Standard

Number 3.1, ‘‘Hospital/Medical/

Infectious Waste Incinerators.’’ The

State rules were effective on May 26,

2000. The South Carolina State Plan

contains:

1. A demonstration of the State’s legal

authority to implement the section

111(d)/129 State Plan;

2. State rule, Standard Number 3.1, as

the enforceable mechanism;

3. An inventory of approximately 4

known designated facilities, along with

estimates of their potential air

emissions;

4. Emission limits that are as

protective as the EG;

5. A compliance date of May 26, 2001;

6. Testing, monitoring, reporting and

recordkeeping requirements for the

designated facilities;

7. Records from the public hearing on

the State Plan; and,

8. Provisions for progress reports to

EPA.

IV. Is My HMIWI Subject to These

Regulations?

The EG for existing HMIWIs affect any

HMIWI built on or before June 20, 1996.

If your facility meets this criterion, you

are subject to these regulations.

V. What Steps Do I Need To Take?

You must meet the requirements

listed in South Carolina Regulation No.

61–62.5, Standard Number 3.1,

summarized as follows:

1. Determine the size of your

incinerator by establishing its maximum

design capacity.

2. Each size category of HMIWI has

certain emission limits established

which your incinerator must meet. See

Table I of Section III (Emission

Limitations) of Standard Number 3.1, 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.

3. There are provisions to address

small rural incinerators (if your unit is

applicable).

4. You must meet a 10% opacity limit

on your discharge, averaged over a sixminute block.

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 Section IX

(Operator Training and Qualification

Requirements) of Standard Number 3.1.

6. Your operator must be certified, as

discussed in 5 above, no later than May

26, 2001.

7. You must develop and submit to

South Carolina DHEC a waste

management plan. This plan must be

developed under guidance provided by

the American Hospital Association

publication, An Ounce of Prevention:

Waste Reduction Strategies for Health

Care Facilities, 1993, and must be

submitted to South Carolina DHEC no

later than 60 days following the initial

performance test for the affected unit.

8. You must conduct an initial

performance test to determine your

incinerators compliance with these

emission limits. This performance test

must be completed no later than May

26, 2001, and as required under 40 CFR

60.37e and Section IV (Performance

Specifications) of Standard Number 3.1.

9. You must install and maintain

devices to monitor the parameters listed

under Table IV of Section V (Monitoring

Requirements) of Standard 3.1.

10. 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.

11. You must submit an annual report

to South Carolina DHEC containing

records of annual equipment

inspections, any required maintenance,

and unscheduled repairs. This annual

report must be signed by the facilities

manager.y

VI. Why Is the South Carolina HMIWI

State Plan Approvable?

EPA compared the South Carolina

rules (Chapter 61 of the South Carolina

Code, Regulation No. 61–62.5, Standard

Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations 22929

Number 3.1) against our HMIWI EG.

EPA finds the South Carolina rules to be

at least as protective as the EG. The

South Carolina State Plan was reviewed

for approval against the following

criteria: 40 CFR 60.23 through 60.26,

Subpart B—Adoption and Submittal of

State Plans for Designated Facilities; 40

CFR 60.30e through 60.39e, Subpart

Ce—Emission Guidelines and

Compliance Times for Hospital/

Medical/Infectious Waste Incinerators;

and, 40 CFR 62.14400 through 62.14495,

Subpart HHH—Federal Plan

Requirements for Hospital/Medical/

Infectious Waste Incinerators

Constructed on or before June 20, 1996.

The South Carolina State Plan satisfies

the requirements for an approvable

section 111(d)/129 plan under subparts

B and Ce of 40 CFR part 60 and subpart

HHH of 40 CFR part 62. For these

reasons, we are approving the South

Carolina HMIWI State Plan.

VII. Administrative 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).

This rule also does 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), nor

will it 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 SIP 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 SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP 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.)

The Congressional Review Act, 5

U.S.C. section 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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. section 804(2).

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 July 6, 2001. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purposes of

judicial review nor does it extend the

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hospital/medical/

infectious waste incineration,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: April 12, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

40 CFR part 62 of the Code of Federal

Regulations is amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart PP—South Carolina

2. Section 62.10100 is amended by

adding paragraphs (b)(5) and (c)(5) to

read as follows:

§ 62.10100 Identification of plan.

* * * * *

(b) * * *

(5) South Carolina Designated Facility

Plan (Section 111(d)/129) for Hospital/

Medical/Infectious Waste Incinerators,

submitted on September 19, 2000, by

the South Carolina Department of

Health and Environmental Control.

(c) * * *

(5) Existing hospital/medical/

infectious waste incinerators.

3. Subpart PP is amended by adding

a new § 62.10170 and a new

undesignated center heading to read as

follows:

Air Emissions From Hospital/Medical/

Infectious Waste Incinerators

§ 62.10170 Identification of sources.

The plan applies to existing hospital/

medical/infectious waste incinerators

for which construction, reconstruction,

or modification was commenced before

June 20, 1996, as described in 40 CFR

part 60, subpart Ce.

[FR Doc. 01–10988 Filed 5–4–01; 8:45 am]

BILLING CODE 6560–50–P