ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R03­
OAR­
2005­
MD­
0013;
FRL­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;
Maryland;
Amendments
to
the
Control
of
Incinerators
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
a
State
Implementation
Plan
(
SIP)
revision
submitted
by
Maryland
Department
of
the
Environment
(
MDE).
This
revision
pertains
to
amendments
to
the
regulations
for
the
control
of
incinerators.
This
action
is
being
taken
under
the
Clean
Air
Act
(
CAA
or
the
Act).

DATES:
Written
comments
must
be
received
on
or
before
[
insert
date
30
days
from
date
of
publication].

ADDRESSES:
Submit
your
comments,
identified
by
Docket
ID
Number
EPA­
R03­
OAR­
2005­

MD­
0013
by
one
of
the
following
methods:

A.
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.

B.
E­
mail:
morris.
makeba@
epa.
gov
C.
Mail:
EPA­
R03­
OAR­
2005­
MD­
0013,
Makeba
Morris,
Chief,
Air
Quality
and
Planning
Branch,
Mailcode
3AP21,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.

D.
Hand
Delivery:
At
the
previously­
listed
EPA
Region
III
address.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation,
and
special
arrangements
should
2
be
made
for
deliveries
of
boxed
information.

Instructions:
Direct
your
comments
to
Docket
ID
No.
EPA­
R03­
OAR­
2005­
MD­
0013.
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
docket
without
change,
and
may
be
made
available
online
at
www.
regulations.
gov,
including
any
personal
information
provided,

unless
the
comment
includes
information
claimed
to
be
Confidential
Business
Information
(
CBI)

or
other
information
whose
disclosure
is
restricted
by
statute.
Do
not
submit
information
that
you
consider
to
be
CBI
or
otherwise
protected
through
www.
regulations.
gov
or
e­
mail.
The
www.
regulations.
gov
website
is
an
"
anonymous
access"
system,
which
means
EPA
will
not
know
your
identity
or
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
If
you
send
an
e­
mail
comment
directly
to
EPA
without
going
through
www.
regulations.
gov,
your
email
address
will
be
automatically
captured
and
included
as
part
of
the
comment
that
is
placed
in
the
public
docket
and
made
available
on
the
Internet.
If
you
submit
an
electronic
comment,
EPA
recommends
that
you
include
your
name
and
other
contact
information
in
the
body
of
your
comment
and
with
any
disk
or
CD­
ROM
you
submit.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
Electronic
files
should
avoid
the
use
of
special
characters,
any
form
of
encryption,

and
be
free
of
any
defects
or
viruses.

Docket:
All
documents
in
the
electronic
docket
are
listed
in
the
www.
regulations.
gov
index.

Although
listed
in
the
index,
some
information
is
not
publicly
available,
i.
e.,
CBI
or
other
information
whose
disclosure
is
restricted
by
statute.
Certain
other
material,
such
as
copyrighted
3
material,
is
not
placed
on
the
Internet
and
will
be
publicly
available
only
in
hard
copy
form.

Publicly
available
docket
materials
are
available
either
electronically
in
www.
regulations.
gov
or
in
hard
copy
during
normal
business
hours
at
the
Air
Protection
Division,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.
Copies
of
the
State
submittal
are
available
at
the
Maryland
Department
of
the
Environment,
1800
Washington
Boulevard,
Suite
705,
Baltimore,
Maryland,
21230.

FOR
FURTHER
INFORMATION
CONTACT:
LaKeshia
N.
Robertson
(
215)
814­
2113,
or
by
e­
mail
at
robertson.
lakeshia@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
On
October
31,
2005,
Maryland
submitted
a
revision
to
its
SIP.
The
revision
(#
05­
06)
pertains
to
amendments
to
regulations
.01
and
.05
under
COMAR
26.11.08
Control
of
Incinerators.

I.
Background
COMAR
26.11.08
sets
forth
emission
standards
and
requirements
for
incinerators
that
burn
"
infectious"
or
special
medical
waste
generated
by
health
care
and
research
facilities.
These
incinerators,
which
are
used
by
health
care
and
research
facilities,
must
meet
particulate
matter
and
toxic
air
pollutants
emission
limits
and
other
requirements.
Two
years
ago,
following
federal
guidelines
MDE
adopted
more
stringent
federal
requirements
for
certain
hospital/
medical
waste
incinerators.
Those
requirements
applied
to
various
sizes
of
hospital
incinerators
but
did
not
apply
to
units
burning
pathological
waste
or
crematories.
4
Special
medical
waste
incinerators
that
were
not
subject
to
the
more
restrictive
federal
requirements
are
subject
to
the
MDE's
particulate
matter
and
toxic
air
pollutant
requirements.

The
special
medical
waste
incinerators
subject
to
Maryland's
regulations
are
required
to
meet
a
particulate
matter
standard
of
0.1
grains
per
standard
cubic
foot
dry
(
SCFD).
Other
incinerators
and
hazardous
waste
incinerators
are
subject
to
a
more
restrictive
0.03
grain
loading
requirement.

Although
the
MDE's
intent
was
to
treat
crematories
as
special
medical
waste
incinerators
and
subject
them
to
the
0.1
grain
loading
requirement,
the
current
regulations
are
not
clear
as
to
which
particulate
matter
requirement
applies
to
crematories.
The
October
31,
2005
revision
clarifies
this
discrepancy.

II.
Summary
of
SIP
Revision
The
revision
defines
the
term
"
crematory"
and
clarifies
the
particulate
matter
requirements
to
indicate
that
crematories
are
subject
to
the
0.1
grain
loading
requirement.
Special
medical
waste
incinerators
that
are
not
subject
to
the
more
restrictive
federal
requirements
are
subject
to
the
0.1
grain
loading
requirement
and
crematories
are
treated
as
special
medical
waste
incinerators.
The
amendments
address
COMAR
26.11.08,
sections
.01
and
.05.
The
referenced
changes
are
listed
below.

Revision
1.
Section
.01B(
9­
1):
The
term
"
crematory"
is
defined
as
a
furnace
where
a
human
or
animal
corpse
is
burned
with:
(
a)
The
container
or
bag
in
which
the
human
or
animal
corpse
is
placed
or
transported;
and
(
b)
The
animal
bedding,
if
applicable.
5
Revision
2.
Particulate
Matter
Section
.05A(
3)
Requirements
for
Areas
I,
II,
V,
and
VI:

Crematories
have
been
incorporated
into
the
rule
with
stipulations
on
the
particulate
matter
emissions
into
the
atmosphere.
The
rule
states
that
a
person
may
not
cause
or
permit
the
discharge
of
particulate
matter
into
the
outdoor
atmosphere
that
exceed
0.10
grains
per
standard
cubic
foot
dry
0.10
gr/
SCFD
(
229
mg/
dscm).

Section
.05B(
2)(
a)
Requirements
for
Areas
III
and
IV:
Crematories
have
been
incorporated
into
the
rule
with
stipulations
on
the
particulate
matter
emissions
into
the
atmosphere.
The
rule
clearly
states
that
a
person
may
not
cause
or
permit
the
discharge
of
particulate
matter
into
the
outdoor
atmosphere
to
exceed
0.10
grains
per
standard
cubic
foot
dry
0.10gr/
SCFD
(
229mg/
dscm).

III.
Proposed
Action
EPA
is
approving
Maryland's
SIP
revisions
submitted
on
October
31,
2005
to
incorporate
crematory
provisions
into
rule
COMAR
26.11.08,
which
amends
sections
.01
and
.05.
EPA
is
soliciting
public
comments
on
the
issues
discussed
in
this
document.
These
comments
will
be
considered
before
taking
final
action.

IV.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
proposed
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
Fed.

Reg.
28355
(
May
22,
2001)).
This
action
merely
proposes
to
approve
state
law
as
meeting
6
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.

Accordingly,
the
Administrator
certifies
that
this
proposed
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
proposes
to
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
(
Public
Law
104­
4).
This
proposed
rule
also
does
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),
nor
will
it
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),
because
it
merely
proposes
to
approve
a
state
rule
implementing
a
Federal
requirement,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.
This
proposed
rule
also
is
not
subject
to
Executive
Order
13045
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions,
EPA's
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
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
SIP
7
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,

when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
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.

As
required
by
section
3
of
Executive
Order
12988
(
61
FR
4729,
February
7,
1996),
in
issuing
this
proposed
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,

minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct.
EPA
has
complied
with
Executive
Order
12630
(
53
FR
8859,
March
15,
1988)
by
examining
the
takings
implications
of
the
rule
in
accordance
with
the
"
Attorney
General's
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
Avoidance
of
Unanticipated
Takings"
issued
under
the
executive
order.
This
proposed
rule,
to
amend
Maryland's
incinerator
regulation,
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Particulate
matter.

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

__________________
/
s/
Dated:
January
24,
2005
Donald
S.
Welsh,
Regional
Administrator,
Region
III.
