[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Rules and Regulations]
[Pages 19613-19615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08668]



40 CFR Part 62

[EPA-R03-OAR-2016-0053; FRL-9961-37-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: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revised 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 that was submitted as a result of 
the October 6, 2009 promulgation of federal new source performance 
standards (NSPS) and emission guidelines for HMIWI 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: This final rule is effective on May 30, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0053. All documents in the docket are listed on 
the https://www.regulations.gov Web site. 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 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 

FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by 
email at [email protected].


I. Background

    On November 28, 2016 (81 FR 85457), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of Maryland's revised CAA section 111(d)/129 State 
plan for existing HMIWI units. The formal State plan revision (MD 
Submittal #12-11) was submitted by Maryland on January 10, 2013.

II. Summary of SIP Revision

    EPA has reviewed the revised Maryland section 111(d)/129 plan 
submittal in the context of the

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requirements of 40 CFR part 60, subparts B, Ec and Ce, and part 62, 
subpart A. EPA has determined that the submitted revised section 
111(d)/129 plan meets the above-cited requirements for State plans for 
existing units covered by the emission guidelines for that source 
category. Thus, EPA is approving Maryland's State plan in this action. 
A detailed explanation of the rationale behind this approval is 
available in the July 22, 2016 technical support document (TSD) and in 
the NPR and will not be restated here. No comments were received on the 
proposed rule.

III. Final Action

    EPA is approving the revised 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 for existing HMIWI units. Therefore, EPA is amending 40 CFR 
part 62, subpart V to reflect this approval action. The scope of the 
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 at 40 CFR part 60, subpart Ce.
    As discussed in the NPR, 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

A. General Requirements

    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 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 (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 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 final 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.

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. 

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 27, 2017. 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 Maryland's CAA Section 111(d)/129 state 
plan for existing HMIWI units 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:


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

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

Subpart V--Maryland

2. Revise Sec.  62.5160 to read as follows:

Sec.  62.5160   Identification of plan.

    (a) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) 26.11.08 regulations, as submitted on April 14, 2000.
    (b) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) regulations, as submitted on January 10, 2013.

3. Revise Sec.  62.5161 to read as follows:

Sec.  62.5161   Identification of sources.

    (a) The plan submitted on April 14, 2000 applies to all existing 
HMIWIs located in Maryland for which construction was commenced on or 
before June 20, 1996.
    (b) The January 10, 2013 submittal applies to all existing HMIWIs 
as defined in the approved Maryland Section 111(d)/129 plan.

4. Revise Sec.  62.5162 to read as follows:

Sec.  62.5162   Effective date.

    (a) The effective date of the plan submitted on April 14, 2000 is 
October 20, 2000.

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    (b) The effective date of the plan submitted on January 10, 2013 is 
May 30, 2017.

[FR Doc. 2017-08668 Filed 4-27-17; 8:45 am]