83 FR 35422 - Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 144 (July 26, 2018)
Federal Register Volume 83, Issue 144 (July 26, 2018)
| Page Range | 35422-35424 | |
| FR Document | 2018-16002 |
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)] [Rules and Regulations] [Pages 35422-35424] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16002] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R05-OAR-2018-0113; FRL-9980-95--Region 5] Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving Ohio's request for withdrawal of the previously approved Hospital/Medical/ Infectious Waste Incinerator (HMIWI) State Plan. The Ohio Environmental Protection Agency (OEPA) submitted its HMIWI withdrawal on January 24, 2018, certifying that there is only one HMIWI unit currently operating in the state of Ohio and requesting that the Federal Plan apply to the single source in the State. The Federal HMIWI Plan will therefore apply in Ohio. DATES: This final rule is effective on August 27, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2018-0113. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publically available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. [[Page 35423]] Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Margaret Sieffert, Environmental Engineer, at (312) 353- 1151 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, sieffert.margaret@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What action is EPA taking? III. Statutory and Executive Order Reviews I. Background On January 24, 2018, OEPA submitted its HMIWI withdrawal, in which it certifies that there is only one HMIWI unit currently operating in Ohio. On January 18, 2013, OEPA confirmed that two of the four HMIWI units had shut down. Since that time an additional HMIWI unit has shut down. The only remaining HMIWI unit is at Stericycle, Inc, located in Warren, OH. Because there is only one source remaining in the State, OEPA is requesting that the previously approved State Plan be withdrawn and that the Federal Plan apply to the source. On April 3, 2018, EPA published a notice of proposed rulemaking (NPR) proposing approval of Ohio's HMIWI withdrawal. The specific details of Ohio's request and the rationale for EPA's approval are discussed in the NPR and will not be restated here. EPA did not receive any comments on the proposed action. II. What action is EPA taking? EPA is approving Ohio's request for withdrawal of a previously approved State Plan and amending 40 CFR part 62 to reflect OEPA's withdrawal. OEPA submitted its HMIWI withdrawal on January 24, 2018 certifying that there is only one HMIWI unit, as defined under 40 CFR 60.31e, currently operating in the state of Ohio and requested that the Federal Plan 40 CFR part 62, subpart HHH apply to the single source in the State. EPA understands that the extensive amendments that would be required by OEPA to revise Ohio's previously approved State Plan to make it consistent with the revisions would be disproportionate to the single affected source in Ohio, and is proposing to approve the withdrawal and have the Federal Plan apply to the known affected source. In this action, EPA is finalizing its approval. EPA is also revising 40 CFR 62.8880 to reflect this withdrawal. III. Statutory and Executive Order Reviews A. General Requirements This action is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and therefore is not subject to review by the Office of Management and Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under E.O. 12866. This action merely approves state law as meeting Federal requirements and merely notifies the public of EPA approval for a withdrawal of a previously approved HMIWI State Plan. This action imposes no requirements beyond those imposed by the state. 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 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). This rule 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). This action merely approves a withdrawal, 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 approves a withdrawal. In reviewing section 111(d)/129 plan submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. With regard to withdrawals for designated facilities received by EPA from states, EPA's role is to notify the public of the approval of the State's withdrawal and revise 40 CFR part 62 accordingly. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a section 111(d)/129 withdrawal for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a section 111(d)/129 withdrawal, to use VCS in place of a section 111(d)/129 withdrawal 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. 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. 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 action 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). 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 [[Page 35424]] appropriate circuit by September 24, 2018. 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. 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 incinerators, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: July 9, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR part 62 is amended as follows: PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Revise Sec. 62.8880 to read as follows: Sec. 62.8880 Identification of plan. On January 24, 2018, the Ohio Environmental Protection Agency submitted a letter to EPA certifying that there is only one Hospital/ Medical/Infectious Waste Incinerator unit in the State of Ohio subject to the emissions guidelines at 40 CFR part 60, subpart DDDD and requesting that the Federal Plan at 40 CFR part 62, subpart HHH apply. [FR Doc. 2018-16002 Filed 7-25-18; 8:45 am] BILLING CODE 6560-50-P
![35422 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations
products identified in this rulemaking (a) Effective Date or lacking a principal inspector, the manager
action. This AD is effective August 30, 2018. of the local flight standards district office/
certificate holding district office.
This AD is issued in accordance with (b) Affected ADs
authority delegated by the Executive (k) Related Information
None.
Director, Aircraft Certification Service, For more information about this AD,
as authorized by FAA Order 8000.51C. (c) Applicability contact Herman Mak, Aerospace Engineer,
In accordance with that order, issuance This AD applies to General Electric ECO Branch, FAA, 1200 District Ave.,
of ADs is normally a function of the Company (GE) GEnx–1B64, –1B64/P1, Burlington, MA 01803; phone: 781–238–
Compliance and Airworthiness –1B64/P2, –1B67, –1B67/P1, –1B67/P2, 7147; fax: 781–238–7199; email:
Division, but during this transition –1B70, –1B70/75/P1, –1B70/75/P2, –1B70/ herman.mak@faa.gov.
period, the Executive Director has P1, –1B70/P2, –1B70C/P1, –1B70C/P2, (l) Material Incorporated by Reference
delegated the authority to issue ADs –1B74/75/P1, and –1B74/75/P2 engines with
air/oil extension duct, part number (P/N) None.
applicable to engines, propellers, and 2332M85P01 or 2331M25G03, installed. Issued in Burlington, Massachusetts, on
associated appliances to the Manager, July 19, 2018.
Engine and Propeller Standards Branch, (d) Subject
Karen M. Grant,
Policy and Innovation Division. Joint Aircraft System Component (JASC)
Code 7250, Turbine Section. Acting Manager, Engine and Propeller
Regulatory Findings Standards Branch, Aircraft Certification
(e) Unsafe Condition Service.
This AD will not have federalism
This AD was prompted by reports of a [FR Doc. 2018–15876 Filed 7–25–18; 8:45 am]
implications under Executive Order center vent tube (CVT) failure. We are issuing BILLING CODE 4910–13–P
13132. This AD will not have a this AD to prevent failure of the CVT. The
substantial direct effect on the States, on unsafe condition, if not addressed, could
the relationship between the national result in failure of one or more engines, loss
government and the States, or on the of thrust control, and loss of the airplane. ENVIRONMENTAL PROTECTION
distribution of power and AGENCY
(f) Compliance
responsibilities among the various
Comply with this AD within the 40 CFR Part 62
levels of government. compliance times specified, unless already
For the reasons discussed above, I done. [EPA–R05–OAR–2018–0113; FRL–9980–
certify that this AD: 95—Region 5]
(g) Required Action
(1) Is not a ‘‘significant regulatory
At the next engine shop visit after the Air Plan Approval; Ohio; Hospital/
action’’ under Executive Order 12866,
effective date of this AD, remove air/oil Medical/Infectious Waste Incinerator
(2) Is not a ‘‘significant rule’’ under extension ducts, P/N 2332M85P01 or Withdrawal for Designated Facilities
DOT Regulatory Policies and Procedures 2331M25G03, and replace with a part eligible and Pollutants
(44 FR 11034, February 26, 1979), for installation.
(3) Will not affect intrastate aviation AGENCY: Environmental Protection
(h) Definition Agency (EPA).
in Alaska, and
(4) Will not have a significant For the purpose of this AD, an ‘‘engine ACTION: Final rule.
shop visit’’ is the induction of an engine into
economic impact, positive or negative, the shop for maintenance involving the SUMMARY: The Environmental Protection
on a substantial number of small entities separation of pairs of major mating engine Agency (EPA) is approving Ohio’s
under the criteria of the Regulatory case flanges, except for the following request for withdrawal of the previously
Flexibility Act. situations, which do not constitute an engine
shop visit:
approved Hospital/Medical/Infectious
List of Subjects in 14 CFR Part 39 (1) Separation of engine flanges solely for Waste Incinerator (HMIWI) State Plan.
Air transportation, Aircraft, Aviation the purposes of transportation of the engine The Ohio Environmental Protection
safety, Incorporation by reference, without subsequent maintenance. Agency (OEPA) submitted its HMIWI
Safety. (2) Separation of engine flanges solely for withdrawal on January 24, 2018,
the purpose of replacing the fan or propulsor certifying that there is only one HMIWI
Adoption of the Amendment without subsequent maintenance. unit currently operating in the state of
Accordingly, under the authority (i) Installation Prohibition Ohio and requesting that the Federal
delegated to me by the Administrator, After the effective date of this AD, do not Plan apply to the single source in the
the FAA amends 14 CFR part 39 as install an air/oil extension duct, P/N State. The Federal HMIWI Plan will
follows: 2332M85P01 or 2331M25G03, into a fan mid therefore apply in Ohio.
shaft assembly. DATES: This final rule is effective on
PART 39—AIRWORTHINESS (j) Alternative Methods of Compliance August 27, 2018.
DIRECTIVES (AMOCs) ADDRESSES: EPA has established a
(1) The Manager, ECO Branch, FAA, has docket for this action under Docket ID
■ 1. The authority citation for part 39 the authority to approve AMOCs for this AD No. EPA–R05–OAR–2018–0113. All
continues to read as follows: if requested using the procedures found in 14 documents in the docket are listed on
Authority: 49 U.S.C. 106(g), 40113, 44701. CFR 39.19. In accordance with 14 CFR 39.19, the www.regulations.gov website.
send your request to your principal inspector Although listed in the index, some
§ 39.13 [Amended] or local Flight Standards District Office, as information is not publically available,
sradovich on DSK3GMQ082PROD with RULES
■ 2. The FAA amends § 39.13 by adding appropriate. If sending information directly i.e., Confidential Business Information
to the manager of the certification office,
the following new airworthiness (CBI) or other information whose
send it to the attention of the person
directive (AD): identified in paragraph (k) of this AD. You disclosure is restricted by statute.
2018–14–12 General Electric Company: may email your request to: ANE-AD-AMOC@ Certain other material, such as
Amendment 39–19332; Docket No. faa.gov. copyrighted material, is not placed on
FAA–2018–0224; Product Identifier (2) Before using any approved AMOC, the internet and will be publicly
2018–NE–01–AD. notify your appropriate principal inspector, available only in hard copy form.
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![35424 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations
appropriate circuit by September 24, when used as an inert ingredient • Crop production (NAICS code 111).
2018. Filing a petition for (aerosol propellant) in bird repellent • Animal production (NAICS code
reconsideration by the Administrator of pesticide products applied to growing 112).
this final rule does not affect the finality crops and raw agricultural commodities • Food manufacturing (NAICS code
of this action for the purposes of judicial after harvest and to animals. Pyxis 311).
review nor does it extend the time Regulatory Consulting, on behalf of • Pesticide manufacturing (NAICS
within which a petition for judicial Avian Enterprises Limited LLC, code 32532).
review may be filed, and shall not submitted a petition to EPA under the B. How can I get electronic access to
postpone the effectiveness of such rule Federal Food, Drug, and Cosmetic Act other related information?
or action. This action may not be (FFDCA), requesting an amendment to
challenged later in proceedings to an existing requirement of a tolerance. You may access a frequently updated
enforce its requirements. (See section This regulation eliminates the need to electronic version of 40 CFR part 180
307(b)(2).) establish a maximum permissible level through the Government Printing
for residues of 1,1-difluoroethane when Office’s e-CFR site at http://
List of Subjects in 40 CFR Part 62 www.ecfr.gov/cgi-bin/text-
used in accordance with the terms of the
Environmental protection, exemption. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
Administrative practice and procedure, 40tab_02.tpl.
DATES: This regulation is effective July
Air pollution control, Hospital/medical/ 26, 2018. Objections and requests for C. How can I file an objection or hearing
infectious waste incinerators, hearings must be received on or before request?
Intergovernmental relations, Reporting September 24, 2018, and must be filed
and recordkeeping requirements. Under FFDCA section 408(g), 21
in accordance with the instructions U.S.C. 346a, any person may file an
Dated: July 9, 2018. provided in 40 CFR part 178 (see also objection to any aspect of this regulation
Cathy Stepp, Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those
Regional Administrator, Region 5. INFORMATION). objections. You must file your objection
40 CFR part 62 is amended as follows: ADDRESSES: The docket for this action, or request a hearing on this regulation
identified by docket identification (ID) in accordance with the instructions
PART 62—APPROVAL AND number EPA–HQ–OPP–2018–0036, is provided in 40 CFR part 178. To ensure
PROMULGATION OF STATE PLANS available at http://www.regulations.gov proper receipt by EPA, you must
FOR DESIGNATED FACILITIES AND or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
POLLUTANTS Regulatory Public Docket (OPP Docket) OPP–2018–0036 in the subject line on
in the Environmental Protection Agency the first page of your submission. All
■ 1. The authority citation for part 62 Docket Center (EPA/DC), West William objections and requests for a hearing
continues to read as follows: Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
Authority: 42 U.S.C. 7401 et seq. Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or
■ 2. Revise § 62.8880 to read as follows: 20460–0001. The Public Reading Room before September 24, 2018. Addresses
is open from 8:30 a.m. to 4:30 p.m., for mail and hand delivery of objections
§ 62.8880 Identification of plan. Monday through Friday, excluding legal and hearing requests are provided in 40
On January 24, 2018, the Ohio holidays. The telephone number for the CFR 178.25(b).
Environmental Protection Agency Public Reading Room is (202) 566–1744, In addition to filing an objection or
submitted a letter to EPA certifying that and the telephone number for the OPP hearing request with the Hearing Clerk
there is only one Hospital/Medical/ Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
Infectious Waste Incinerator unit in the the visitor instructions and additional submit a copy of the filing (excluding
State of Ohio subject to the emissions information about the docket available any Confidential Business Information
guidelines at 40 CFR part 60, subpart at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
DDDD and requesting that the Federal FOR FURTHER INFORMATION CONTACT: Information not marked confidential
Plan at 40 CFR part 62, subpart HHH Michael L. Goodis, Registration Division pursuant to 40 CFR part 2 may be
apply. (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
[FR Doc. 2018–16002 Filed 7–25–18; 8:45 am]
Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified
BILLING CODE 6560–50–P
20460–0001; main telephone number: by docket ID number EPA–HQ–OPP–
(703) 305–7090; email address: 2018–0036, by one of the following
RDFRNotices@epa.gov. methods:
ENVIRONMENTAL PROTECTION
• Federal eRulemaking Portal: http://
AGENCY SUPPLEMENTARY INFORMATION:
www.regulations.gov. Follow the online
40 CFR Part 180 I. General Information instructions for submitting comments.
Do not submit electronically any
[EPA–HQ–OPP–2018–0036; FRL–9980–20] A. Does this action apply to me?
information you consider to be CBI or
You may be potentially affected by other information whose disclosure is
1,1-Difluoroethane; Exemption From this action if you are an agricultural restricted by statute.
the Requirement of a Tolerance producer, food manufacturer, or • Mail: OPP Docket, Environmental
AGENCY: Environmental Protection pesticide manufacturer. The following Protection Agency Docket Center (EPA/
sradovich on DSK3GMQ082PROD with RULES
Agency (EPA). list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
ACTION: Final rule. Classification System (NAICS) codes is NW, Washington, DC 20460–0001.
not intended to be exhaustive, but rather • Hand Delivery: To make special
SUMMARY: This regulation amends an provides a guide to help readers arrangements for hand delivery or
exemption from the requirement of a determine whether this document delivery of boxed information, please
tolerance to allow for residues of 1,1- applies to them. Potentially affected follow the instructions at http://
difluoroethane (CAS Reg. No. 75–37–6) entities may include: www.epa.gov/dockets/contacts.html.
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Document Created: 2018-11-06 10:27:01
Document Modified: 2018-11-06 10:27:01
| 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 final rule is effective on August 27, 2018. | |
| Contact | Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected] | |
| FR Citation | 83 FR 35422 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hospital/Medical/Infectious Waste Incinerators; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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