[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13878-13879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06653]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2017-0570; FRL-9976-31--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
State of Maryland; Control of Emissions From Existing Commercial and
Industrial Solid Waste Incinerator Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a negative declaration for existing commercial and
industrial solid waste incineration (CISWI) units within the State of
Maryland. This negative declaration certifies that CISWI units subject
to the requirements of sections 111(d) and 129 of the Clean Air Act
(CAA) do not exist within the jurisdictional boundaries of the State of
Maryland. EPA is accepting the negative declaration in accordance with
the requirements of the CAA.
DATES: This rule is effective on May 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2017-0570. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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. Publicly available docket materials are available through
http://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the CAA require states to submit plans
to control certain pollutants (designated pollutants) at existing solid
waste combustor facilities (designated facilities) whenever standards
of performance have been established under section 111(b) for new
sources of the same type, and EPA has established emission guidelines
(EG) for such existing sources. CAA section 129 directs EPA to
establish standards of performance for new sources and emissions
guidelines for existing sources for each category of solid waste
incineration unit. CAA section 129(a) and (b). According to section
129(a)(4) of the CAA, EPA also must specify numerical emissions
limitations for particulate matter (total and fine), opacity (as
appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen,
carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
If a state fails to submit a satisfactory plan, the CAA provides
EPA the authority to prescribe a plan for regulating the designated
pollutants at the designated facilities. EPA prescribed plan, also
known as a federal plan, is often delegated to states with designated
facilities but no EPA approved state-specific plan. If no such
designated facilities exist within a state's jurisdiction, a state may
submit to the EPA a letter of certification to that effect (referred to
as a negative declaration) in lieu of a state plan to satisfy the
state's obligation. 40 CFR 60.23(b) and 62.06. A negative declaration
exempts the state from the requirement to submit a CAA section 111(d)/
section 129 plan for that designated pollutant and source category. 40
CFR 60.23(b).
II. State Submittal and EPA Analysis
The Maryland Department of the Environment (MDE) has determined
that there are no existing CISWI units subject to the requirements of
sections 111(d) and 129 of the CAA in its respective air pollution
control jurisdiction. Accordingly, MDE submitted a negative declaration
letter to EPA certifying this fact on January 20, 2017. A notice of
proposed rulemaking was published in the Federal Register on February
1, 2018 (83 FR 4621). EPA received three comments during the public
comment that were not specific nor related to this action and thus are
not addressed here. The negative declaration letter and EPA's notice of
proposed rulemaking are available in the docket for this rulemaking and
online at www.regulations.gov.
III. Final Action
In this final action, EPA is approving the negative declaration for
CISWI units submitted by MDE on January 20, 2017 and amending part 62
to reflect receipt of the negative declaration and subsequent approval
by EPA. EPA is accepting the negative declaration in accordance with
the requirements of the CAA and 40 CFR 60.23(b) and 62.06.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely notifies the public of EPA receipt of a negative declaration
from an air pollution control agency without any existing CISWI units
in their jurisdiction. This action imposes no requirements.
Accordingly, EPA 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 action
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 action also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves the negative declaration for existing CISWI
units from the MDE and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This action 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 is not economically
significant.
[[Page 13879]]
With regard to negative declarations for designated facilities
received by EPA from states, EPA's role is to notify the public of the
receipt of such negative declarations and revise 40 CFR part 62
accordingly. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to approve or disapprove a CAA section 111(d)/129
plan negative declaration submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a CAA
section 111(d)/129 negative declaration, to use VCS in place of a
section 111(d)/129 negative declaration 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 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.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 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 approving the negative declaration for existing
CISWI units within the State of Maryland 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, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Dated: March 22, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
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.
Subpart V--Maryland
0
2. Revise Sec. 62.5127 to read as follows:
Sec. 62.5127 Identification of plan--negative declaration.
(a) May 12, 2005 Maryland Department of the Environment letter
certifying that existing CISWI units, subject to 40 CFR part 60,
subpart DDDD, have been permanently shut down and have been dismantled
in the state.
(b) Letter from the State of Maryland, Department of the
Environment, submitted January 20, 2017, certifying that there are no
existing commercial/industrial solid waste incineration units within
the State of Maryland that are subject to 40 CFR part 60, subpart DDDD.
[FR Doc. 2018-06653 Filed 3-30-18; 8:45 am]
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