81_FR_68109 81 FR 67918 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants, State of Wyoming; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision

81 FR 67918 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants, State of Wyoming; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67918-67920
FR Document2016-23584

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Wyoming hospital/medical/ infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the ``plan''). The plan was submitted to the EPA to fulfill requirements of the Clean Air Act (CAA) and to implement and enforce the emissions guidelines (EG) for existing hospital/medical/infectious waste incinerators (HMIWI). The plan establishes emission limits; operator training and qualification requirements; performance testing, monitoring, and inspection requirements; and requirements for a waste management plan and reporting and recordkeeping requirements for existing hospital/medical/infectious waste incinerator units as specified in the October 6, 2009, amendments to the federal EG and New Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec, respectively.

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67918-67920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23584]



[[Page 67918]]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2016-0197; FRL-9953-13-Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants, State of Wyoming; Control of Emissions From 
Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Wyoming hospital/medical/
infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the 
``plan''). The plan was submitted to the EPA to fulfill requirements of 
the Clean Air Act (CAA) and to implement and enforce the emissions 
guidelines (EG) for existing hospital/medical/infectious waste 
incinerators (HMIWI). The plan establishes emission limits; operator 
training and qualification requirements; performance testing, 
monitoring, and inspection requirements; and requirements for a waste 
management plan and reporting and recordkeeping requirements for 
existing hospital/medical/infectious waste incinerator units as 
specified in the October 6, 2009, amendments to the federal EG and New 
Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and 
Ec, respectively.

DATES: This direct final rule is effective on December 2, 2016 without 
further notice, unless the EPA receives adverse written comments by 
November 2, 2016. If adverse comments are received, the 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-R08-
OAR-2016-0197 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kendra Morrison, Air Program, U.S. 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6145, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule?

    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the revision if adverse comments are 
received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final will not take effect. We would address all public comments 
in any subsequent final rule based on the proposed rule.

II. What should I consider as I prepare my comments for the EPA?

    A. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through http://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on a disk or CD ROM that you mail to the EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    B. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register volume, 
date, and page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and,

III. Background

    The EPA's statutory authority for the regulation of new and 
existing solid waste incineration units is outlined in the CAA sections 
111 and 129. Section 129 of the CAA is specific to solid waste 
combustion, and requires the EPA to establish performance standards for 
each category of solid waste incineration units. Section 111 of the Act 
gives EPA the statutory authority to promulgate NSPS, applicable to new 
units, and/or EG for existing units. EG are implemented and enforced 
through either an EPA-approved state plan or a promulgated federal 
plan. Section 129(b)(2) requires states to submit to the EPA for 
approval state plans that implement and enforce the promulgated EG. 
Section 129(b)(3) requires the EPA to promulgate a federal plan (FP) 
within two years from the date on which the EG, or amendment, was 
promulgated. The FP is applicable to any affected facility if the state 
has failed to receive the EPA approval of the state plan, or revision. 
The FP acts as an enforcement place holder until the state submits and 
receives the EPA approval of its plan. State plan submittals must be 
consistent with the relevant emissions guidelines, in this instance 40 
CFR part 60, subpart Ce, and the requirements of 40 CFR part 60, 
subpart B and part 62, subpart A. Section 129 of the CAA regulates the 
following substances or mixtures: Organics (dioxins/furans), carbon 
monoxide, metals (cadmium, lead, and mercury), acid gases (hydrogen 
chloride, sulfur dioxide, and nitrogen oxides) and

[[Page 67919]]

particulate matter (which includes opacity). The initial Wyoming plan 
for HMIWI units was approved by the EPA on August 21, 2000 (65 FR 
38732). The plan approval is codified in 40 CFR part 62, subpart ZZ. On 
May 13, 2015, the Wyoming Department of Environmental Quality (DEQ) 
submitted to the EPA a revised Section 111(d)/129 plan for HMIWI units. 
The DEQ made minor edits to the plan at the request of the EPA and the 
DEQ revised and resubmitted its submission to the EPA on November 24, 
2015. The submitted plan revision was in response to the October 6, 
2009 amendments to federal EG and NSPS requirements for HMIWI units, 40 
CFR part 60, subparts Ce and Ec, respectively (74 FR 51367). This 
rulemaking action will supersede the EPA's August 21, 2000 (65 FR 
38732) approval of Wyoming's initial plan.

IV. Summary of Wyoming's HMIWI Plan Revision

    The EPA has reviewed the Wyoming HMIWI plan revision submittal in 
the context of the requirements of 40 CFR part 60, subparts B and Ce, 
as amended, and part 62, subpart A. The plan contained (1) a 
demonstration of Wyoming's legal authority to implement the plan; (2) 
identification and a copy of the state's adoption of Subpart Ce into 
rule Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 4, 
Section 5, and Chapter 5 as the mechanism to enforce the emissions 
guidelines; (3) an inventory of one known designated facility and an 
inventory of its air emissions; (4) emission limits that are as 
protective as the emissions guidelines; (5) a final compliance date no 
later than October 6, 2014; (6) testing, monitoring, inspection, 
operator training and qualification, waste management plan, and 
recordkeeping and reporting requirements for the designated facilities; 
(7) documentation of public hearing(s) on the plan; (8) provisions to 
submit annual state progress reports to the EPA; and (9) a commitment 
to the EPA that all Title V operating permits, modifications, and 
renewals for designated facilities will specify all applicable state 
requirements and 40 CFR part 62, subpart ZZ. The submitted plan 
revision meets all requirements of 40 CFR part 60, subparts B and Ce, 
as amended, and part 62, subpart A.

V. What action is the EPA taking today?

    The EPA is approving the Wyoming HMIWI Section 111(d)/129 plan 
revision that reflects amendments made to 40 CFR part 60, subparts Ce 
and Ec. Therefore, the EPA is amending 40 CFR part 62, subpart ZZ to 
reflect this action. This approval is based on the EPA's review of the 
plan, discussed above. This plan revision approval does not negate or 
void any of the initial August 21, 2000 plan approval requirements, 
including compliance dates for any affected facility. The scope of this 
plan revision approval is limited to the provisions of 40 CFR parts 60 
and 62 for existing HMIWI units, as referenced in the EG, subpart Ce, 
and the related NSPS, subpart Ec, as amended.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the Proposed Rules section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the revision if adverse comments are 
filed. This rule will be effective December 2, 2016 without further 
notice unless we receive adverse comments by November 2, 2016. If we 
receive adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if we receive adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
Section 111(d)/129 plan submission that complies with the provisions of 
the Act and applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 
52.02(a). Thus, in reviewing Section 111(d)/129 plan submissions, the 
EPA's role is to approve state actions, provided that they meet the 
criteria of the Clean Air Act. Accordingly, this direct final action 
merely approves some state law as meeting federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
in a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045(62 FR 19885, 
April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note)because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The state plan is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian Country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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. 
804(2).

[[Page 67920]]

    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 December 2, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Air pollution control, Solid waste 
incineration, Hospital/medical/infectious waste incineration.

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

    Dated: May 17, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 62, subpart ZZ, is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart ZZ--Wyoming

0
2. Section 62.12610 is revised to read as follows:


Sec.  62.12610  Identification of plan.

    Section 111(d)/129 Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation, Chapter 4, Section 5, 
and Chapter 5 of the Wyoming Air Quality Standards and Regulations, 
submitted by the State on September 7, 1999 and November 9, 1999, and 
as amended on May 13, 2015 and November 24, 2015.

0
3. Section 62.12611 is revised to read as follows:


Sec.  62.12611  Identification of sources.

    The plan applies to each individual hospital/medical/infectious 
waste incinerator:
    (a) For which construction was commenced on or before June 20, 
1996, or for which modification was commenced on or before March 16, 
1998.
    (b) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.

0
4. Section 62.12612 is revised to read as follows:


Sec.  62.12612  Effective date.

    The effective date of the plan for hospital/medical/infectious 
waste incinerators is December 2, 2016.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on September 26, 2016.

[FR Doc. 2016-23584 Filed 9-30-16; 8:45 am]
BILLING CODE 6560-50-P



                                             67918             Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                official comment and should include                   disclosed except in accordance with
                                             AGENCY                                                  discussion of all points you wish to                  procedures set forth in 40 CFR part 2.
                                                                                                     make. The EPA will generally not                         B. Tips for preparing your comments.
                                             40 CFR Part 62                                          consider comments or comment                          When submitting comments, remember
                                             [EPA–R08–OAR–2016–0197; FRL–9953–13–                    contents located outside of the primary               to:
                                             Region 8]                                               submission (i.e., on the web, cloud, or                  • Identify the rulemaking by docket
                                                                                                     other file sharing system). For                       number and other identifying
                                             Approval and Promulgation of State                      additional submission methods, the full               information (subject heading, Federal
                                             Plans for Designated Facilities and                     EPA public comment policy,                            Register volume, date, and page
                                             Pollutants, State of Wyoming; Control                   information about CBI or multimedia                   number);
                                             of Emissions From Existing Hospital/                    submissions, and general guidance on                     • Follow directions and organize your
                                             Medical/Infectious Waste Incinerator                    making effective comments, please visit               comments;
                                             Units, Plan Revision                                    http://www2.epa.gov/dockets/                             • Explain why you agree or disagree;
                                                                                                     commenting-epa-dockets.                                  • Suggest alternatives and substitute
                                             AGENCY: Environmental Protection                                                                              language for your requested changes;
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             Agency (EPA).                                                                                                    • Describe any assumptions and
                                             ACTION: Direct final rule.                              Kendra Morrison, Air Program, U.S.                    provide any technical information and/
                                                                                                     Environmental Protection Agency,                      or data that you used;
                                             SUMMARY:   The Environmental Protection                 Region 8, 1595 Wynkoop Street, Denver,                   • If you estimate potential costs or
                                             Agency (EPA) is taking direct final                     Colorado 80202–1129, (303) 312–6145,                  burdens, explain how you arrived at
                                             action to approve a revision to the                     morrison.kendra@epa.gov.                              your estimate in sufficient detail to
                                             Wyoming hospital/medical/infectious                     SUPPLEMENTARY INFORMATION:                            allow for it to be reproduced;
                                             waste incinerator (HMIWI) Section                                                                                • Provide specific examples to
                                             111(d)/129 plan (the ‘‘plan’’). The plan                I. Why is EPA using a direct final rule?
                                                                                                                                                           illustrate your concerns, and suggest
                                             was submitted to the EPA to fulfill                        The EPA is publishing this rule                    alternatives;
                                             requirements of the Clean Air Act (CAA)                 without prior proposal because we view                   • Explain your views as clearly as
                                             and to implement and enforce the                        this as a noncontroversial amendment                  possible, avoiding the use of profanity
                                             emissions guidelines (EG) for existing                  and anticipate no adverse comments.                   or personal threats; and,
                                             hospital/medical/infectious waste                       However, in the ‘‘Proposed Rules’’
                                             incinerators (HMIWI). The plan                          section of today’s Federal Register                   III. Background
                                             establishes emission limits; operator                   publication, we are publishing a                         The EPA’s statutory authority for the
                                             training and qualification requirements;                separate document that will serve as the              regulation of new and existing solid
                                             performance testing, monitoring, and                    proposal to approve the revision if                   waste incineration units is outlined in
                                             inspection requirements; and                            adverse comments are received on this                 the CAA sections 111 and 129. Section
                                             requirements for a waste management                     direct final rule. We will not institute a            129 of the CAA is specific to solid waste
                                             plan and reporting and recordkeeping                    second comment period on this action.                 combustion, and requires the EPA to
                                             requirements for existing hospital/                     Any parties interested in commenting                  establish performance standards for
                                             medical/infectious waste incinerator                    must do so at this time. For further                  each category of solid waste
                                             units as specified in the October 6,                    information about commenting on this                  incineration units. Section 111 of the
                                             2009, amendments to the federal EG and                  rule, see the ADDRESSES section of this               Act gives EPA the statutory authority to
                                             New Source Performance Standards                        document.                                             promulgate NSPS, applicable to new
                                             (NSPS), 40 CFR part 60, subparts Ce and                    If the EPA receives adverse comment,               units, and/or EG for existing units. EG
                                             Ec, respectively.                                       we will publish a timely withdrawal in                are implemented and enforced through
                                             DATES: This direct final rule is effective              the Federal Register informing the                    either an EPA-approved state plan or a
                                             on December 2, 2016 without further                     public that this direct final will not take           promulgated federal plan. Section
                                             notice, unless the EPA receives adverse                 effect. We would address all public                   129(b)(2) requires states to submit to the
                                             written comments by November 2, 2016.                   comments in any subsequent final rule                 EPA for approval state plans that
                                             If adverse comments are received, the                   based on the proposed rule.                           implement and enforce the promulgated
                                             EPA will publish a timely withdrawal of                                                                       EG. Section 129(b)(3) requires the EPA
                                             the direct final rule in the Federal                    II. What should I consider as I prepare               to promulgate a federal plan (FP) within
                                             Register informing the public that the                  my comments for the EPA?                              two years from the date on which the
                                             rule will not take effect.                                A. Submitting Confidential Business                 EG, or amendment, was promulgated.
                                             ADDRESSES: Submit your comments,                        Information (CBI). Do not submit CBI to               The FP is applicable to any affected
                                             identified by Docket ID No. EPA–R08–                    EPA through http://www.regulations.gov                facility if the state has failed to receive
                                             OAR–2016–0197 at http://                                or email. Clearly mark the part or all of             the EPA approval of the state plan, or
                                             www.regulations.gov. Follow the online                  the information that you claim to be                  revision. The FP acts as an enforcement
                                             instructions for submitting comments.                   CBI. For CBI information on a disk or                 place holder until the state submits and
                                             Once submitted, comments cannot be                      CD ROM that you mail to the EPA, mark                 receives the EPA approval of its plan.
                                             edited or removed from Regulations.gov.                 the outside of the disk or CD ROM as                  State plan submittals must be consistent
                                             The EPA may publish any comment                         CBI and then identify electronically                  with the relevant emissions guidelines,
                                             received to its public docket. Do not                   within the disk or CD ROM the specific                in this instance 40 CFR part 60, subpart
                                             submit electronically any information                   information that is claimed as CBI. In                Ce, and the requirements of 40 CFR part
                                             you consider to be Confidential                         addition to one complete version of the               60, subpart B and part 62, subpart A.
rmajette on DSK2TPTVN1PROD with RULES




                                             Business Information (CBI) or other                     comment that includes information                     Section 129 of the CAA regulates the
                                             information whose disclosure is                         claimed as CBI, a copy of the comment                 following substances or mixtures:
                                             restricted by statute. Multimedia                       that does not contain the information                 Organics (dioxins/furans), carbon
                                             submissions (audio, video, etc.) must be                claimed as CBI must be submitted for                  monoxide, metals (cadmium, lead, and
                                             accompanied by a written comment.                       inclusion in the public docket.                       mercury), acid gases (hydrogen chloride,
                                             The written comment is considered the                   Information so marked will not be                     sulfur dioxide, and nitrogen oxides) and


                                        VerDate Sep<11>2014   14:33 Sep 30, 2016   Jkt 241001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\03OCR1.SGM   03OCR1


                                                               Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations                                          67919

                                             particulate matter (which includes                      This approval is based on the EPA’s                   of the Paperwork Reduction Act (44
                                             opacity). The initial Wyoming plan for                  review of the plan, discussed above.                  U.S.C. 3501 et seq.);
                                             HMIWI units was approved by the EPA                     This plan revision approval does not                     • Is certified as not having a
                                             on August 21, 2000 (65 FR 38732). The                   negate or void any of the initial August              significant economic impact in a
                                             plan approval is codified in 40 CFR part                21, 2000 plan approval requirements,                  substantial number of small entities
                                             62, subpart ZZ. On May 13, 2015, the                    including compliance dates for any                    under the Regulatory Flexibility Act (5
                                             Wyoming Department of Environmental                     affected facility. The scope of this plan             U.S.C. 601 et seq.);
                                             Quality (DEQ) submitted to the EPA a                    revision approval is limited to the                      • Does not contain any unfunded
                                             revised Section 111(d)/129 plan for                     provisions of 40 CFR parts 60 and 62 for              mandate or significantly or uniquely
                                             HMIWI units. The DEQ made minor                         existing HMIWI units, as referenced in                affect small governments, as described
                                             edits to the plan at the request of the                 the EG, subpart Ce, and the related                   in the Unfunded Mandates Reform Act
                                             EPA and the DEQ revised and                             NSPS, subpart Ec, as amended.                         of 1995 (Pub. L. 104–4);
                                             resubmitted its submission to the EPA                      The EPA is publishing this rule                       • Does not have federalism
                                             on November 24, 2015. The submitted                     without prior proposal because we view                implications as specified in Executive
                                             plan revision was in response to the                    this as a noncontroversial amendment                  Order 13132 (64 FR 43255, August 10,
                                             October 6, 2009 amendments to federal                   and anticipate no adverse comments.                   1999);
                                             EG and NSPS requirements for HMIWI                                                                               • Is not an economically significant
                                                                                                     However, in the Proposed Rules section
                                             units, 40 CFR part 60, subparts Ce and                                                                        regulatory action based on health or
                                                                                                     of today’s Federal Register publication,
                                             Ec, respectively (74 FR 51367). This                                                                          safety risks subject to Executive Order
                                                                                                     we are publishing a separate document
                                             rulemaking action will supersede the                                                                          13045(62 FR 19885, April 23, 1997);
                                                                                                     that will serve as the proposal to                       • Is not a significant regulatory action
                                             EPA’s August 21, 2000 (65 FR 38732)                     approve the revision if adverse
                                             approval of Wyoming’s initial plan.                                                                           subject to Executive Order 13211 (66 FR
                                                                                                     comments are filed. This rule will be                 28355, May 22, 2001);
                                             IV. Summary of Wyoming’s HMIWI                          effective December 2, 2016 without                       • Is not subject to requirements of
                                             Plan Revision                                           further notice unless we receive adverse              Section 12(d) of the National
                                                                                                     comments by November 2, 2016. If we                   Technology Transfer and Advancement
                                               The EPA has reviewed the Wyoming
                                                                                                     receive adverse comments, we will                     Act of 1995 (15 U.S.C. 272 note)because
                                             HMIWI plan revision submittal in the
                                                                                                     publish a timely withdrawal in the                    application of those requirements would
                                             context of the requirements of 40 CFR
                                                                                                     Federal Register informing the public                 be inconsistent with the Clean Air Act;
                                             part 60, subparts B and Ce, as amended,
                                                                                                     that the rule will not take effect. We will           and
                                             and part 62, subpart A. The plan
                                                                                                     address all public comments in a                         • Does not provide the EPA with the
                                             contained (1) a demonstration of
                                             Wyoming’s legal authority to implement                  subsequent final rule based on the                    discretionary authority to address, as
                                             the plan; (2) identification and a copy of              proposed rule. We will not institute a                appropriate, disproportionate human
                                             the state’s adoption of Subpart Ce into                 second comment period on this action.                 health or environmental effects, using
                                             rule Wyoming Air Quality Standards                      Any parties interested in commenting                  practicable and legally permissible
                                             and Regulations (WAQSR) Chapter 4,                      must do so at this time. Please note that             methods, under Executive Order 12898
                                             Section 5, and Chapter 5 as the                         if we receive adverse comment on an                   (59 FR 7629, February 16, 1994).
                                             mechanism to enforce the emissions                      amendment, paragraph, or section of                      The state plan is not approved to
                                             guidelines; (3) an inventory of one                     this rule and if that provision may be                apply on any Indian reservation land or
                                             known designated facility and an                        severed from the remainder of the rule,               in any other area where EPA or an
                                             inventory of its air emissions; (4)                     we may adopt as final those provisions                Indian tribe has demonstrated that a
                                             emission limits that are as protective as               of the rule that are not the subject of an            tribe has jurisdiction. In those areas of
                                             the emissions guidelines; (5) a final                   adverse comment.                                      Indian Country, the rule does not have
                                             compliance date no later than October 6,                VI. Statutory and Executive Orders                    tribal implications and will not impose
                                             2014; (6) testing, monitoring, inspection,              Review                                                substantial direct costs on tribal
                                             operator training and qualification,                                                                          governments or preempt tribal law as
                                             waste management plan, and                                Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                             recordkeeping and reporting                             Administrator is required to approve a                FR 67249, November 9, 2000).
                                             requirements for the designated                         Section 111(d)/129 plan submission that                  The Congressional Review Act, 5
                                             facilities; (7) documentation of public                 complies with the provisions of the Act               U.S.C. 801 et seq, as added by the Small
                                             hearing(s) on the plan; (8) provisions to               and applicable federal regulations 42                 Business Regulatory Enforcement
                                             submit annual state progress reports to                 U.S.C. 7410(k); 40 CFR 52.02(a). Thus,                Fairness Act of 1996, generally provides
                                             the EPA; and (9) a commitment to the                    in reviewing Section 111(d)/129 plan                  that before a rule may take effect, the
                                             EPA that all Title V operating permits,                 submissions, the EPA’s role is to                     agency promulgating the rule must
                                             modifications, and renewals for                         approve state actions, provided that                  submit a rule report, which includes a
                                             designated facilities will specify all                  they meet the criteria of the Clean Air               copy of the rule, to each House of the
                                             applicable state requirements and 40                    Act. Accordingly, this direct final action            Congress and to the Comptroller General
                                             CFR part 62, subpart ZZ. The submitted                  merely approves some state law as                     of the United States. The EPA will
                                             plan revision meets all requirements of                 meeting federal requirements and does                 submit a report containing this rule and
                                             40 CFR part 60, subparts B and Ce, as                   not impose additional requirements                    other required information to the U.S.
                                             amended, and part 62, subpart A.                        beyond those imposed by state law. For                Senate, the U.S. House of
                                                                                                     that reason, this action:                             Representatives, and the Comptroller
                                             V. What action is the EPA taking today?                   • Is not a ‘‘significant regulatory                 General of the United States prior to
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                                               The EPA is approving the Wyoming                      action’’ subject to review by the Office              publication of the rule in the Federal
                                             HMIWI Section 111(d)/129 plan                           of Management and Budget under                        Register. A major rule cannot take effect
                                             revision that reflects amendments made                  Executive Order 12866 (58 FR 51735,                   until 60 days after it is published in the
                                             to 40 CFR part 60, subparts Ce and Ec.                  October 4, 1993);                                     Federal Register. This action is not a
                                             Therefore, the EPA is amending 40 CFR                     • Does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                             part 62, subpart ZZ to reflect this action.             collection burden under the provisions                804(2).


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                                             67920               Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

                                               Under section 307(b)(1) of the Clean                    § 62.12611    Identification of sources.              available at http://www.regulations.gov
                                             Air Act, petitions for judicial review of                    The plan applies to each individual                or at the Office of Pesticide Programs
                                             this action must be filed in the United                   hospital/medical/infectious waste                     Regulatory Public Docket (OPP Docket)
                                             States Court of Appeals for the                           incinerator:                                          in the Environmental Protection Agency
                                             appropriate circuit by December 2,                           (a) For which construction was                     Docket Center (EPA/DC), West William
                                             2016. Filing a petition for                               commenced on or before June 20, 1996,                 Jefferson Clinton Bldg., Rm. 3334, 1301
                                             reconsideration by the Administrator of                   or for which modification was                         Constitution Ave. NW., Washington, DC
                                             this final rule does not affect the finality              commenced on or before March 16,                      20460–0001. The Public Reading Room
                                             of this action for the purposes of judicial               1998.                                                 is open from 8:30 a.m. to 4:30 p.m.,
                                             review nor does it extend the time                           (b) For which construction was                     Monday through Friday, excluding legal
                                             within which a petition for judicial                      commenced after June 20, 1996 but no                  holidays. The telephone number for the
                                             review may be filed, and shall not                        later than December 1, 2008, or for                   Public Reading Room is (202) 566–1744,
                                             postpone the effectiveness of such rule                   which modification is commenced after                 and the telephone number for the OPP
                                             or action. Parties with objections to this                March 16, 1998 but no later than April                Docket is (703) 305–5805. Please review
                                             direct final rule are encouraged to file a                6, 2010.                                              the visitor instructions and additional
                                             comment in response to the parallel                       ■ 4. Section 62.12612 is revised to read              information about the docket available
                                             notice of proposed rulemaking for this                    as follows:                                           at http://www.epa.gov/dockets.
                                             action published in the proposed rules                                                                          FOR FURTHER INFORMATION CONTACT:
                                             section of today’s Federal Register,                      § 62.12612    Effective date.                         Robert McNally, Biopesticides and
                                             rather than file an immediate petition                      The effective date of the plan for                  Pollution Prevention Division (7511P),
                                             for judicial review of this direct final                  hospital/medical/infectious waste                     Office of Pesticide Programs,
                                             rule, so that the EPA can withdraw this                   incinerators is December 2, 2016.                     Environmental Protection Agency, 1200
                                             direct final rule and address the                           Editorial Note: This document was                   Pennsylvania Ave. NW., Washington,
                                             comment in the proposed rulemaking.                       received for publication by the Office of the         DC 20460–0001; main telephone
                                             This action may not be challenged later                   Federal Register on September 26, 2016.               number: (703) 305–7090; email address:
                                             in proceedings to enforce its                             [FR Doc. 2016–23584 Filed 9–30–16; 8:45 am]           BPPDFRNotices@epa.gov.
                                             requirements. (See section 307(b)(2).)                    BILLING CODE 6560–50–P                                SUPPLEMENTARY INFORMATION:
                                             List of Subjects in 40 CFR Part 62                                                                              I. General Information
                                               Environmental protection, Air                           ENVIRONMENTAL PROTECTION                              A. Does this action apply to me?
                                             pollution control, Solid waste                            AGENCY                                                   You may be potentially affected by
                                             incineration, Hospital/medical/
                                                                                                       40 CFR Part 180                                       this action if you are an agricultural
                                             infectious waste incineration.
                                                                                                                                                             producer, food manufacturer, or
                                                 Authority: 42 U.S.C. 7401 et seq.                     [EPA–HQ–OPP–2014–0920; FRL–9947–92]                   pesticide manufacturer. The following
                                               Dated: May 17, 2016.                                                                                          list of North American Industrial
                                                                                                       Bacillus Mycoides Isolate J; Exemption                Classification System (NAICS) codes is
                                             Shaun L. McGrath,                                         From the Requirement of a Tolerance
                                             Regional Administrator, Region 8.                                                                               not intended to be exhaustive, but rather
                                                                                                       AGENCY:  Environmental Protection                     provides a guide to help readers
                                               40 CFR part 62, subpart ZZ, is                          Agency (EPA).                                         determine whether this document
                                             amended as follows:                                                                                             applies to them. Potentially affected
                                                                                                       ACTION: Final rule.
                                                                                                                                                             entities may include:
                                             PART 62—APPROVAL AND                                      SUMMARY:   This regulation establishes an                • Crop production (NAICS code 111).
                                             PROMULGATION OF STATE PLANS                               exemption from the requirement of a                      • Animal production (NAICS code
                                             FOR DESIGNATED FACILITIES AND                             tolerance for residues of Bacillus                    112).
                                             POLLUTANTS                                                mycoides isolate J in or on all                          • Food manufacturing (NAICS code
                                                                                                       agricultural commodities when used in                 311).
                                             ■ 1. The authority citation for part 62                   accordance with label directions and                     • Pesticide manufacturing (NAICS
                                             continues to read as follows:                             good agricultural practices. Certis USA               code 32532).
                                                 Authority: 42 U.S.C. 7401 et seq.                     LLC submitted a petition to EPA under                 B. How can I get electronic access to
                                                                                                       the Federal Food, Drug, and Cosmetic                  other related information?
                                             Subpart ZZ—Wyoming                                        Act (FFDCA), requesting an exemption
                                                                                                                                                               You may access a frequently updated
                                                                                                       from the requirement of a tolerance.
                                             ■ 2. Section 62.12610 is revised to read                                                                        electronic version of 40 CFR part 180
                                                                                                       This regulation eliminates the need to
                                             as follows:                                                                                                     through the Government Printing
                                                                                                       establish a maximum permissible level
                                                                                                                                                             Office’s e-CFR site at http://
                                             § 62.12610       Identification of plan.
                                                                                                       for residues of Bacillus mycoides isolate
                                                                                                                                                             www.ecfr.gov/cgi-bin/text-
                                                                                                       J under FFDCA.
                                               Section 111(d)/129 Plan for Hospital/                                                                         idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                                                                       DATES: This regulation is effective                   40tab_02.tpl.
                                             Medical/Infectious Waste Incinerators                     October 3, 2016. Objections and
                                             and the associated State regulation,                      requests for hearings must be received                C. How can I file an objection or hearing
                                             Chapter 4, Section 5, and Chapter 5 of                    on or before December 2, 2016, and                    request?
                                             the Wyoming Air Quality Standards and                     must be filed in accordance with the                    Under FFDCA section 408(g), 21
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                                             Regulations, submitted by the State on                    instructions provided in 40 CFR part                  U.S.C. 346a(g), any person may file an
                                             September 7, 1999 and November 9,                         178 (see also Unit I.C. of the                        objection to any aspect of this regulation
                                             1999, and as amended on May 13, 2015                      SUPPLEMENTARY INFORMATION).                           and may also request a hearing on those
                                             and November 24, 2015.
                                                                                                       ADDRESSES: The docket for this action,                objections. You must file your objection
                                             ■ 3. Section 62.12611 is revised to read                  identified by docket identification (ID)              or request a hearing on this regulation
                                             as follows:                                               number EPA–HQ–OPP–2014–0920, is                       in accordance with the instructions


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Document Created: 2018-02-13 14:11:36
Document Modified: 2018-02-13 14:11:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective on December 2, 2016 without further notice, unless the EPA receives adverse written comments by November 2, 2016. If adverse comments are received, the 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.
ContactKendra Morrison, Air Program, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6145, [email protected]
FR Citation81 FR 67918 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Solid Waste Incineration and Hospital/medical/infectious Waste Incineration

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