[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
 BILLING CODE 6560-50-P


