[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Proposed Rules]
[Pages 85457-85459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28428]



40 CFR Part 62

[EPA-R03-OAR-2016-0053; FRL-9955-69-Region 3]

Approval and Promulgation of Air Quality Plans; State of 
Maryland; Control of Emissions From Existing Hospital/Medical/
Infectious Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a section 111(d)/129 plan submitted by the State of Maryland 
for existing hospital/medical/infectious waste incineration (HMIWI) 
units. The section 111(d)/129 plan contains revisions to a previously-
approved state plan for existing HMIWI units and was submitted as a 
result of the October 6, 2009 promulgation of federal new source 
performance standards (NSPS) and emission guidelines for HMIWI

[[Page 85458]]

units, which were subsequently amended on April 4, 2011. This action is 
being taken under sections 111(d) and 129 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 28, 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0053 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Mike Gordon, (215) 814-2039, or by 
email at [email protected].


I. Background

    Section 129 of the CAA requires EPA to establish performance 
standards and emission guidelines for various types of new and existing 
solid waste incineration units. Section 129(b)(2) requires states to 
submit to EPA for approval section 111(d)/129 plans that implement and 
enforce the promulgated emission guidelines. Section 129(b)(3) requires 
EPA to promulgate a federal plan (FP) within two years from the date on 
which the emission guidelines, or revision to the emission guidelines, 
is promulgated. The FP is applicable to affected facilities when the 
state has failed to receive EPA approval of the section 111(d)/129 
plan. The FP remains in effect until the state submits and receives EPA 
approval of its section 111(d)/129 plan. State submittals under CAA 
sections 111(d) and 129 must be consistent with the relevant emission 
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 air pollutants that include organics 
(dioxins/furans), carbon monoxide, metals (cadmium, lead, and mercury), 
hydrogen chloride, sulfur dioxide, nitrogen oxides, and particulate 
matter (which includes opacity).
    On January 10, 2013, the Maryland Department of the Environment 
(MDE) submitted revisions to its section 111(d)/129 plan for HMIWI 
units that was previously approved by EPA on September 5, 2000 (65 FR 
53608). The revisions address EPA's October 6, 2009 final rule (74 FR 
51367) and April 4, 2011 amendments (76 FR 18407) for Standards of 
Performance for New Stationary Sources and Emission Guidelines for 
Existing Sources: Hospital/Medical/Infectious Waste Incinerators, 40 
CFR part 60, subparts Ec and Ce. Included with Maryland's plan are 
amendments to Code of Maryland Regulations (COMAR) 26.11.08, entitled 
``Control of Incinerators,'' specifically regulations .01, .02, and 
.08-1 and adoption/amendments to new regulation .08-2. EPA's proposed 
approval of Maryland's HMIWI revisions amends state HMIWI regulations 
.01, .02, .08-1, and .08-2 of COMAR 26.11.08 to comport with the 
corresponding federal regulations. Unrevised portions of the previous 
state plan approved on September 5, 2000 remain in place.

II. Summary of Maryland's Section 111(d)/129 Plan for Existing HMIWI 

    EPA has reviewed the Maryland section 111(d)/129 plan submittal in 
the context of the requirements of 40 CFR part 60, subparts B, Ec and 
Ce, and part 62, subpart A. EPA has determined that the submitted 
section 111(d)/129 plan meets the above-cited requirements. Thus, EPA 
proposes to approve the above the submitted plan. EPA's proposed 
approval in this action is limited to the regulations addressing HMIWI 
units as identified by Maryland in its section 111(d)/129 plan 
submittal under COMAR 26.11.08, specifically, regulations .01, .02, 
.08-1, and .08-2.\1\ A detailed explanation of the rationale behind 
this proposed approval is available in the July 22, 2016 technical 
support document (TSD). The TSD is available in the docket for this 
rulemaking and online at www.regulations.gov.

    \1\ Definitions relating to the Maryland HMIWI plan are included 
in COMAR While this section contains definitions for 
Maryland's general incinerator regulations, EPA is only taking 
action on requirements related to HMIWI units. Definitions related 
to incinerators other than HMIWI units are outside of the scope of 
Maryland's plan and EPA's approval is strictly limited to Part 60 
and 62 provisions relevant to existing HMIWI units.

III. Proposed Action

    EPA is proposing to approve the Maryland section 111(d)/129 plan 
for HMIWI units submitted pursuant to 40 CFR part 60, subpart Ce 
because the plan is at least as stringent as requirements in 40 CFR 
part 60, subpart Ce. Therefore, EPA is proposing to amend 40 CFR part 
62, subpart V to reflect this action. The scope of the proposed 
approval of the section 111(d)/129 plan is limited to the provisions of 
40 CFR parts 60 and 62 for existing HMIWI units, as referenced in the 
emission guidelines, subpart Ce.
    The EPA Administrator continues to retain authority for several 
tasks affecting the regulation of HMIWI units, as stipulated in 40 CFR 
60.32e(k) and 60.50c(i). This retention of authority includes the 
granting of waivers for performance tests.

IV. Statutory and Executive Order Reviews

    In reviewing section 111(d)/129 plan submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 
on 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 (Public Law 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

[[Page 85459]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
     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 CAA; and
     does not provide 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).
    In addition, this proposed rule for existing HMIWI units within the 
State of Maryland does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
section 111(d)/129 plan is not approved to apply in Indian country 
located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 16, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-28428 Filed 11-25-16; 8:45 am]