83 FR 17757 - Approval of State Plans for Designated Facilities and Pollutants; Missouri; Hospital, Medical, and Infectious Waste Incineration (HMIWI) Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17757-17758
FR Document		2018-08536

The Environmental Protection Agency (EPA) is approving revisions to the Missouri state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act (CAA) that were requested by Missouri Department of Natural Resources (MDNR) in two separate submissions made on August 8, 2011 and on July 3, 2014. This final action will amend the state regulations referenced in the state's 111(d) plan applicable to existing Hospital, Medical, Infectious Waste Incinerators (HMIWI) operating in the state of Missouri. The state rule revisions we are approving with this action update HMIWI regulatory requirements for emission limits for waste management plans, training, compliance and performance testing, monitoring, and reporting and recordkeeping to be consistent with updates to Federal rules. These regulatory revisions we are approving into Missouri's state plan do not impact air quality. EPA's approval of this revision is being performed in accordance with the requirements of CAA section 111(d) as further described in the Technical Support Document that is included in this docket.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Rules and Regulations]
[Pages 17757-17758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0005; FRL-9977-10--Region 7]


Approval of State Plans for Designated Facilities and Pollutants; 
Missouri; Hospital, Medical, and Infectious Waste Incineration (HMIWI) 
Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Missouri state plan for designated facilities and 
pollutants developed under sections 111(d) and 129 of the Clean Air Act 
(CAA) that were requested by Missouri Department of Natural Resources 
(MDNR) in two separate submissions made on August 8, 2011 and on July 
3, 2014. This final action will amend the state regulations referenced 
in the state's 111(d) plan applicable to existing Hospital, Medical, 
Infectious Waste Incinerators (HMIWI) operating in the state of 
Missouri. The state rule revisions we are approving with this action 
update HMIWI regulatory requirements for emission limits for waste 
management plans, training, compliance and performance testing, 
monitoring, and reporting and recordkeeping to be consistent with 
updates to Federal rules. These regulatory revisions we are approving 
into Missouri's state plan do not impact air quality. EPA's approval of 
this revision is being performed in accordance with the requirements of 
CAA section 111(d) as further described in the Technical Support 
Document that is included in this docket.

DATES: This rule will be effective May 24, 2018.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving revisions to the regulations cited in Missouri's 
state plan for HMIWI facilities and pollutants developed under sections 
111(d) and 129 of the CAA that were requested by MDNR in two separate 
submissions made on August 8, 2011, and on July 3, 2014. This 
regulatory action is a revision to the state's regulatory requirements 
for existing facilities and not new sources. The amended state rule 
limits emissions of metals, particulate matter, acid gases, organic 
compounds, carbon monoxide, and opacity. These rule revisions are 
necessary to ensure that the state regulations applicable to HMIWI are 
consistent with updates to Federal rules for HMIWI.
    The August 8, 2011, submittal updates requirements for emission 
limits, waste management plans, training, compliance and performance 
testing, monitoring, and reporting and recordkeeping requirements that 
apply to existing HMIWI facilities. Additionally, the state's 
regulatory revisions also include the movement of definitions, 
previously located in the state rule that applies specifically to HMIWI 
(10 CSR 10-6.200) to a new regulatory section that contains definitions 
applicable to air rules in general (10 CSR 10-6.020).
    In the July 3, 2014 request, Missouri is seeking approval of 
additional revisions made to 10 CSR 10-6.200 that revise the 
regulations to follow the revised Federal standards. In addition to 
updating the emission standard tables, the revisions remove language 
from the compliance and performance testing provisions applicable to 
HMIWI that provided an exemption to compliance with the emission limits 
during startup, shutdown and malfunction conditions. Additionally, the 
state revised the hierarchy of definitions to clearly state that the 
applicable definitions in the Code of Federal Regulations take 
precedence over those in 10 CSR 10-6.020, and revised the test methods 
references in the state rule to match how the test methods are referred 
to in the Federal HMIWI regulations.
    This final action addresses both requests to amend the state plan 
by amending the underlying regulation referenced in the 111(d) plan 
applicable to HMIWI. For additional information on EPA's rational for 
approval, see EPA's proposal which contains background information for 
this action (83 FR 5231, February 6, 2018).

II. What action is EPA taking?

    EPA is approving Missouri's August 8, 2011 and July 3, 2014, 
submittals of its amended 111(d) plan for HMIWI in accordance with our 
proposed rule dated February 6, 2018 (83 FR 5231), in which we proposed 
to approve the MDNR request and requested comment regarding our future 
action. EPA received one comment in response to our proposal which was 
not related to the proposed rule and therefore a response is not 
required.

III. Statutory and Executive Order Reviews

    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 under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is not subject to review under Executive

[[Page 17758]]

Order 13771 (82 FR 9339, February 2, 2017) regulatory action because 
SIP approvals are exempted under Executive Order 12866. 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 approves state 
law as meeting Federal requirements and imposes no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this rulemaking 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 rulemaking would approve pre-existing 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 (Pub. L. 104-4).
    The SIP 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).
    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). Thus Executive Order 13132 does not apply to this action. 
This action 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 CAA. This rulemaking also 
is not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. 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 action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hospital, medical, and infectious incineration 
units, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: April 16, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:

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 AA--Missouri

0
2. Amend Sec.  62.6358 by adding paragraph (e) to read as follows:


Sec.  62.6358  Identification of plan.

* * * * *
    (e) Amended plan. Submitted by the Missouri Department of Natural 
Resources on July 3, 2014 and August 8, 2011. The effective date of the 
amended plan is May 24, 2018.

[FR Doc. 2018-08536 Filed 4-23-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations 17757

§ 4.25 Combined ratings table.
* * * * *

TABLE I—COMBINED RATINGS TABLE
[10 combined with 10 is 19]

10 20 30 40 50 60 70 80 90

* * * * * * *
89 90 91 92 93 95 96 97 98 99

* * * * * * *

[FR Doc. 2018–08512 Filed 4–23–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: In the July 3, 2014 request, Missouri
BILLING CODE 8320–01–P Larry Gonzalez, Environmental is seeking approval of additional
Protection Agency, Air Planning and revisions made to 10 CSR 10–6.200 that
Development Branch, 11201 Renner revise the regulations to follow the
Boulevard, Lenexa, Kansas 66219 at revised Federal standards. In addition to
ENVIRONMENTAL PROTECTION (913) 551–7041 or by email at updating the emission standard tables,
AGENCY gonzalez.larry@epa.gov. the revisions remove language from the
40 CFR Part 62 compliance and performance testing
SUPPLEMENTARY INFORMATION:
provisions applicable to HMIWI that
Throughout this document ‘‘we,’’ ‘‘us,’’
[EPA–R07–OAR–2018–0005; FRL–9977– provided an exemption to compliance
or ‘‘our’’ refer to EPA. This section
10—Region 7] with the emission limits during startup,
provides additional information by
shutdown and malfunction conditions.
Approval of State Plans for Designated addressing the following:
Additionally, the state revised the
Facilities and Pollutants; Missouri; I. What is being addressed in this document? hierarchy of definitions to clearly state
Hospital, Medical, and Infectious II. What action is EPA taking? that the applicable definitions in the
Waste Incineration (HMIWI) Units III. Statutory and Executive Order Reviews Code of Federal Regulations take
precedence over those in 10 CSR 10–
AGENCY: Environmental Protection I. What is being addressed in this
6.020, and revised the test methods
Agency (EPA). document?
references in the state rule to match how
ACTION: Final rule. the test methods are referred to in the
EPA is approving revisions to the
SUMMARY: The Environmental Protection regulations cited in Missouri’s state plan Federal HMIWI regulations.
for HMIWI facilities and pollutants This final action addresses both
Agency (EPA) is approving revisions to
developed under sections 111(d) and requests to amend the state plan by
the Missouri state plan for designated
129 of the CAA that were requested by amending the underlying regulation
facilities and pollutants developed
MDNR in two separate submissions referenced in the 111(d) plan applicable
under sections 111(d) and 129 of the
made on August 8, 2011, and on July 3, to HMIWI. For additional information
Clean Air Act (CAA) that were
2014. This regulatory action is a on EPA’s rational for approval, see
requested by Missouri Department of
revision to the state’s regulatory EPA’s proposal which contains
Natural Resources (MDNR) in two
requirements for existing facilities and background information for this action
separate submissions made on August 8,
not new sources. The amended state (83 FR 5231, February 6, 2018).
2011 and on July 3, 2014. This final
action will amend the state regulations rule limits emissions of metals, II. What action is EPA taking?
referenced in the state’s 111(d) plan particulate matter, acid gases, organic
EPA is approving Missouri’s August
applicable to existing Hospital, Medical, compounds, carbon monoxide, and
8, 2011 and July 3, 2014, submittals of
Infectious Waste Incinerators (HMIWI) opacity. These rule revisions are
its amended 111(d) plan for HMIWI in
operating in the state of Missouri. The necessary to ensure that the state
accordance with our proposed rule
state rule revisions we are approving regulations applicable to HMIWI are
dated February 6, 2018 (83 FR 5231), in
with this action update HMIWI consistent with updates to Federal rules
which we proposed to approve the
regulatory requirements for emission for HMIWI.
MDNR request and requested comment
limits for waste management plans, The August 8, 2011, submittal regarding our future action. EPA
training, compliance and performance updates requirements for emission received one comment in response to
testing, monitoring, and reporting and limits, waste management plans, our proposal which was not related to
recordkeeping to be consistent with training, compliance and performance the proposed rule and therefore a
updates to Federal rules. These testing, monitoring, and reporting and response is not required.
regulatory revisions we are approving recordkeeping requirements that apply
into Missouri’s state plan do not impact to existing HMIWI facilities. III. Statutory and Executive Order
air quality. EPA’s approval of this Additionally, the state’s regulatory Reviews
jstallworth on DSKBBY8HB2PROD with RULES

revision is being performed in revisions also include the movement of Under Executive Order 12866 (58 FR
accordance with the requirements of definitions, previously located in the 51735, October 4, 1993), this action is
CAA section 111(d) as further described state rule that applies specifically to not a ‘‘significant regulatory action’’ and
in the Technical Support Document that HMIWI (10 CSR 10–6.200) to a new therefore is not subject to review under
is included in this docket. regulatory section that contains Executive Orders 12866 and 13563 (76
DATES: This rule will be effective May definitions applicable to air rules in FR 3821, January 21, 2011). This action
24, 2018. general (10 CSR 10–6.020). is not subject to review under Executive

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17758 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations

Order 13771 (82 FR 9339, February 2, to disapprove a state submission for ACTION: Final rule.
2017) regulatory action because SIP failure to use VCS. It would thus be
approvals are exempted under inconsistent with applicable law for SUMMARY: The Environmental Protection
Executive Order 12866. This action is EPA when it reviews a state submission, Agency (EPA) is hereby approving an
also not subject to Executive Order to use VCS in place of a state application from the state of North
13211, ‘‘Actions Concerning Regulations submission that otherwise satisfies the Dakota under the Safe Drinking Water
That Significantly Affect Energy Supply, provisions of the CAA. Thus, the Act (SDWA) to implement an
Distribution, or Use’’ (66 FR 28355, May requirements of section 12(d) of the underground injection control (UIC)
22, 2001). This action merely approves National Technology Transfer and program for Class VI injection wells
state law as meeting Federal Advancement Act of 1995 (15 U.S.C. located within the state, except within
requirements and imposes no additional 272 note) do not apply. This action does Indian lands.
requirements beyond those imposed by not impose an information collection DATES: This regulation is effective April
state law. Accordingly, the burden under the provisions of the 24, 2018. The incorporation by reference
Administrator certifies that this Paperwork Reduction Act of 1995 (44 of certain publications listed in the rule
rulemaking will not have a significant U.S.C. 3501 et seq.). Burden is defined is approved by the Director of the
economic impact on a substantial at 5 CFR 1320.3(b). Federal Register as of April 24, 2018.
number of small entities under the ADDRESSES: The EPA has established a
Regulatory Flexibility Act (5 U.S.C. 601 List of Subjects in 40 CFR Part 62
docket for this action under Docket ID
et seq.). Because this rulemaking would Environmental protection, No. EPA–HQ–OW–2013–0280. All
approve pre-existing requirements Administrative practice and procedure, documents in the docket are listed on
under state law and does not impose Air pollution control, Hospital, medical, the http://www.regulations.gov website.
any additional enforceable duty beyond and infectious incineration units, Although listed in the index, some
that required by state law, it does not Intergovernmental relations, Reporting information is not publicly available,
contain any unfunded mandate or and recordkeeping requirements. e.g., Confidential Business Information
significantly or uniquely affect small Dated: April 16, 2018. or other information whose disclosure is
governments, as described in the restricted by statute. Certain other
Karen A. Flournoy,
Unfunded Mandates Reform Act of 1995 material, such as copyrighted material,
Acting Regional Administrator, Region 7.
(Pub. L. 104–4). is not placed on the internet and will be
The SIP is not approved to apply on For the reasons stated in the
publicly available only in hard copy
any Indian reservation land or in any preamble, EPA amends 40 CFR part 62
form. Publicly available docket
other area where EPA or an Indian tribe as set forth below:
materials are available electronically
has demonstrated that a tribe has through http://www.regulations.gov.
jurisdiction. In those areas of Indian PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS FOR FURTHER INFORMATION CONTACT: Lisa
country, the rule does not have tribal
implications and will not impose FOR DESIGNATED FACILITIES AND McWhirter, Drinking Water Protection
substantial direct costs on tribal POLLUTANTS Division, Office of Ground Water and
governments or preempt tribal law as Drinking Water (4606M), U.S.
■ 1. The authority citation for part 62 Environmental Protection Agency, 1200
specified by Executive Order 13175 (65
continues to read as follows: Pennsylvania Ave. NW, Washington, DC
FR 67249, November 9, 2000).
This action also does not have Authority: 42 U.S.C. 7401 et seq. 20460; telephone number: (202) 564–
Federalism implications because it does 2317; fax number: (202) 564–3754;
not have substantial direct effects on the Subpart AA—Missouri email address: mcwhirter.lisa@epa.gov
States, on the relationship between the or Craig Boomgaard, Underground
■ 2. Amend § 62.6358 by adding Injection Control Unit, U.S.
national government and the States, or
paragraph (e) to read as follows: Environmental Protection Agency,
on the distribution of power and
responsibilities among the various § 62.6358 Identification of plan. Region 8, 1595 Wynkoop Street, MSC
levels of government, as specified in 8WP–SUI, Denver, Colorado 80202;
* * * * *
Executive Order 13132 (64 FR 43255, (e) Amended plan. Submitted by the telephone number: (303) 312–6794; fax
August 10, 1999). Thus Executive Order Missouri Department of Natural number: (303) 312–7084; email address:
13132 does not apply to this action. Resources on July 3, 2014 and August 8, boomgaard.craig@epa.gov.
This action merely approves a state rule 2011. The effective date of the amended SUPPLEMENTARY INFORMATION:
implementing a Federal standard, and plan is May 24, 2018. I. Introduction
does not alter the relationship or the
[FR Doc. 2018–08536 Filed 4–23–18; 8:45 am]
distribution of power and The state of North Dakota received
BILLING CODE 6560–50–P
responsibilities established in the CAA. primary enforcement responsibility
This rulemaking also is not subject to (primacy) for Class I, III, IV and V
Executive Order 13045, ‘‘Protection of injection wells under SDWA section
ENVIRONMENTAL PROTECTION
Children from Environmental Health 1422 on September 21, 1984, and Class
AGENCY
Risks and Safety Risks’’ (62 FR 19885, II injection wells under SDWA section
April 23, 1997) because it approves a 40 CFR Part 147 1425 on May 11, 1984. The state of
state rule implementing a Federal North Dakota has applied to the EPA
standard. [EPA–HQ–OW–2013–0280; FRL–9976–92– under SDWA section 1422, 42 U.S.C.
jstallworth on DSKBBY8HB2PROD with RULES

In reviewing SIP submissions, EPA’s OW] 300h–1, for primacy for Class VI
role is to approve state choices, injection wells, except within Indian
State of North Dakota Underground
provided that they meet the criteria of lands. This action is based on a legal
Injection Control Program; Class VI
the CAA. In this context, in the absence and technical review of the state of
Primacy Approval
of a prior existing requirement for the North Dakota’s application as directed
State to use voluntary consensus AGENCY: Environmental Protection in the Code of Federal Regulations
standards (VCS), EPA has no authority Agency (EPA). (CFR) at 40 CFR part 145. As a result of

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Document Created: 2018-04-24 00:38:33
Document Modified: 2018-04-24 00:38:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective May 24, 2018.
Contact		Larry Gonzalez, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at [email protected]
FR Citation		83 FR 17757
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hospital; Medical; Infectious Incineration Units; Intergovernmental Relations and Reporting and Recordkeeping Requirements