81 FR 85457 - Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85457-85459 | |
| FR Document | 2016-28428 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Proposed Rules] [Pages 85457-85459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28428] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 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, 2016. 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]. SUPPLEMENTARY INFORMATION: 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 Units 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 26.11.08.01. 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, 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 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] BILLING CODE 6560-50-P
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TABLE 1—VOC CONTENT LIMITS UNDER COMAR 26.11.39 FOR VARIOUS AIM COATING CATEGORIES—Continued
Maryland’s new
VOC content limits
Architectural and industrial maintenance coatings category (grams/liter) under
COMAR 26.11.39
Wood preservatives ..................................................................................................................................................................... 350
Zinc-rich primers .......................................................................................................................................................................... 340
III. Proposed Action V. Statutory and Executive Order methods, under Executive Order 12898
Reviews (59 FR 7629, February 16, 1994).
EPA’s review of this material In addition, this proposed rule
indicates that Maryland’s new Under the CAA, the Administrator is
required to approve a SIP submission pertaining to Maryland’s new
regulations for AIM coatings under regulations for AIM coatings under
COMAR 26.11.39 are based on the that complies with the provisions of the
CAA and applicable Federal regulations. COMAR 26.11.39, does not have tribal
OTC’s Phase II AIM model rule and implications as specified by Executive
establish more stringent VOC content 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, Order 13175 (65 FR 67249, November 9,
limits and requirements for certain AIM 2000), because the SIP is not approved
coating categories compared to COMAR EPA’s role is to approve state choices,
provided that they meet the criteria of to apply in Indian country located in the
26.11.33. Therefore, these new state, and EPA notes that it will not
regulations should lead to additional the CAA. Accordingly, this action
merely approves state law as meeting impose substantial direct costs on tribal
VOC reductions from this category. governments or preempt tribal law.
Additionally, Maryland’s new AIM Federal requirements and does not
coating regulations are more stringent impose additional requirements beyond List of Subjects in 40 CFR Part 52
than the federal standards found at 40 those imposed by state law. For that Environmental protection, Air
CFR 59, subpart D—National Volatile reason, this proposed action: pollution control, Incorporation by
Organic Compound Emission Standards • Is not a ‘‘significant regulatory
reference, Ozone, Reporting and
for Architectural Coatings, which in action’’ subject to review by the Office
recordkeeping requirements, Volatile
1998 established nationwide VOC of Management and Budget under
organic compounds.
content limits and other requirements Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Authority: 42 U.S.C. 7401 et seq.
for manufacturers of architectural
coatings. EPA expects more stringent January 21, 2011); Dated: November 10, 2016.
• does not impose an information Shawn M. Garvin,
VOC content limits will reduce
collection burden under the provisions Regional Administrator, Region III.
emissions of VOCs, a precursor to ozone
of the Paperwork Reduction Act (44
formation. Reduced VOC emissions and [FR Doc. 2016–28436 Filed 11–25–16; 8:45 am]
U.S.C. 3501 et seq.);
reduced ozone formation will assist
• is certified as not having a BILLING CODE 6560–50–P
Maryland with attaining and
significant economic impact on a
maintaining the ozone NAAQS. EPA
substantial number of small entities ENVIRONMENTAL PROTECTION
proposes to add COMAR 26.11.39 to the
under the Regulatory Flexibility Act (5 AGENCY
Maryland SIP as a SIP strengthening
U.S.C. 601 et seq.);
measure. Pursuant to section 110 of the • does not contain any unfunded
CAA, EPA is proposing to approve 40 CFR Part 62
mandate or significantly or uniquely
Maryland’s new AIM coating provision, affect small governments, as described [EPA–R03–OAR–2016–0053; FRL–9955–69-
COMAR 26.11.39, which was submitted in the Unfunded Mandates Reform Act Region 3]
on June 27, 2016, as a revision to the of 1995 (Pub. L. 104–4);
Maryland SIP. EPA is soliciting public Approval and Promulgation of Air
• does not have federalism
comments on the issues discussed in Quality Plans; State of Maryland;
implications as specified in Executive
this document. These comments will be Control of Emissions From Existing
Order 13132 (64 FR 43255, August 10,
considered before taking final action. Hospital/Medical/Infectious Waste
1999);
Incineration Units
IV. Incorporation by Reference • is not an economically significant
regulatory action based on health or AGENCY: Environmental Protection
In this proposed rule, EPA is safety risks subject to Executive Order Agency (EPA).
proposing to include in a final EPA rule 13045 (62 FR 19885, April 23, 1997); ACTION: Proposed rule.
regulatory text that includes • is not a significant regulatory action
incorporation by reference. In subject to Executive Order 13211 (66 FR SUMMARY: The Environmental Protection
accordance with requirements of 1 CFR 28355, May 22, 2001); Agency (EPA) is proposing to approve a
51.5, EPA is proposing to incorporate by • is not subject to requirements of section 111(d)/129 plan submitted by
reference Maryland’s new regulations Section 12(d) of the National the State of Maryland for existing
for AIM coatings under COMAR Technology Transfer and Advancement hospital/medical/infectious waste
mstockstill on DSK3G9T082PROD with PROPOSALS
26.11.39. EPA has made, and will Act of 1995 (15 U.S.C. 272 note) because incineration (HMIWI) units. The section
continue to make, these materials application of those requirements would 111(d)/129 plan contains revisions to a
generally available through http:// be inconsistent with the CAA; and previously-approved state plan for
www.regulations.gov and/or at the EPA • does not provide EPA with the existing HMIWI units and was
Region III Office (please contact the discretionary authority to address, as submitted as a result of the October 6,
person identified in the FOR FURTHER appropriate, disproportionate human 2009 promulgation of federal new
INFORMATION CONTACT section of this health or environmental effects, using source performance standards (NSPS)
preamble for more information). practicable and legally permissible and emission guidelines for HMIWI
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![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85459
safety risks subject to Executive Order Landfills (MSWLF) and seek an List of Subjects
13045 (62 FR 19885, April 23, 1997); adequacy determination by the
40 CFR Part 239
• is not a significant regulatory action Environmental Protection Agency
subject to Executive Order 13211 (66 FR (EPA). This proposed rule documents Environmental protection,
28355, May 22, 2001); EPA’s determination that Washington’s Administrative practice and procedure,
• is not subject to requirements of MSWLF permit program is adequate to Intergovernmental relations, Waste
Section 12(d) of the National ensure compliance with Federal treatment and disposal.
Technology Transfer and Advancement MSWLF requirements. 40 CFR Part 258
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would DATES: Comments on this proposed Environmental protection, Reporting
be inconsistent with the CAA; and action must be received in writing on or and recordkeeping requirements, Waste
• does not provide EPA with the before January 27, 2017. treatment and disposal, Water pollution
discretionary authority to address, as ADDRESSES: Submit your comments, control.
appropriate, disproportionate human identified by Docket ID No. EPA–R10– Authority: This action is issued under the
health or environmental effects, using RCRA–2016–0622 by one of the authority of section 2002, 4005 and 4010(c)
practicable and legally permissible following methods: of the Solid Waste Disposal Act, as amended,
methods, under Executive Order 12898 42 U.S.C. 6912, 6945 and 6949(a).
• www.regulations.gov: Follow the
(59 FR 7629, February 16, 1994). Dated: October 20, 2016.
on-line instructions for submitting
In addition, this proposed rule for Dennis J. McLerran,
comments.
existing HMIWI units within the State of Regional Administrator, EPA Region 10.
Maryland does not have tribal • Email: calabro.domenic@epa.gov.
[FR Doc. 2016–26750 Filed 11–25–16; 8:45 am]
implications as specified by Executive • Fax: (206) 553–6640, to the BILLING CODE 6560–50–P
Order 13175 (65 FR 67249, November 9, attention of Domenic Calabro.
2000), because the section 111(d)/129
• Mail: Send written comments to
plan is not approved to apply in Indian ENVIRONMENTAL PROTECTION
Domenic Calabro, U.S. EPA, Region 10,
country located in the state, and EPA AGENCY
1200 Sixth Avenue, Suite 900, Mailstop:
notes that it will not impose substantial
AW–150, Seattle, WA 98101.
direct costs on tribal governments or 40 CFR Parts 260, 262, 264, 265 and
preempt tribal law. • Hand Delivery or Courier: Deliver 267
your comments to: Domenic Calabro,
List of Subjects in 40 CFR Part 62 Office of Air and Waste, U.S. EPA, [EPA–HQ–OLEM–2016–0492; FRL–9954–
Region 10, 1200 Sixth Avenue, Suite 26–OLEM]
Environmental protection, Air
pollution control, Carbon monoxide, 900, Mailstop: AW–150, Seattle, WA RIN 2050–AG90
Incorporation by reference, 98101. Such deliveries are only
Intergovernmental relations, Lead, accepted during the Office’s normal Internet Posting of and Confidentiality
Nitrogen dioxide, Ozone, Particulate hours of operation. Determinations for Hazardous Waste
matter, Reporting and recordkeeping Export and Import Documents
FOR FURTHER INFORMATION CONTACT: U.S.
requirements, Sulfur oxides, Volatile AGENCY: Environmental Protection
EPA Region 10, 1200 Sixth Avenue,
organic compounds. Agency (EPA).
Suite 900, Mailcode: AW–150, Seattle,
Authority: 42 U.S.C. 7401 et seq. Washington, 98101, Attn: Mr. Domenic ACTION: Proposed rule.
Dated: November 16, 2016. Calabro. Telephone: (206) 553–6640.
Shawn M. Garvin, SUMMARY: The Environmental Protection
SUPPLEMENTARY INFORMATION: In the Agency (EPA) is amending existing
Regional Administrator, Region III. Rules and Regulations section of this regulations regarding the export and
[FR Doc. 2016–28428 Filed 11–25–16; 8:45 am] issue of the Federal Register, the EPA import of hazardous wastes from and
BILLING CODE 6560–50–P is granting Washington a determination into the United States. EPA is making
of full program adequacy for its MSWLF these changes to improve protection of
permitting program through a direct public health with respect to hazardous
ENVIRONMENTAL PROTECTION final rule without prior proposal, wastes by ensuring public accessibility
AGENCY because the EPA views this as a and transparency of export and import
noncontroversial action and anticipates documentation. Specifically, the
40 CFR Parts 239 and 258
no adverse comments to this action. proposed revisions of the existing
[EPA–R10–RCRA–2016–0622; FRL 9928– Unless we receive written adverse regulations will require exporters of
26–Region 10] comments which oppose this approval hazardous waste and receiving facilities
during the comment period, the direct recycling or disposing hazardous waste
Determination of Full Program final rule will become effective on the from foreign sources to maintain a
Adequacy of Washington’s Municipal date it establishes, and we will not take single publicly accessible Web site
Solid Waste Landfill Permit Program further action on this proposal. If (‘‘Export/Import Web site’’) to which
AGENCY: Environmental Protection written adverse comments are received, documents can be posted regarding the
Agency (EPA). the EPA will review the comments and confirmation of receipt and
mstockstill on DSK3G9T082PROD with PROPOSALS
ACTION: Proposed rule. publish another Federal Register confirmation of completed recovery or
document responding to the comments disposal of individual hazardous waste
SUMMARY: Under the Resource and either affirming or revising the import and export shipments. These
Conservation and Recovery Act, as initial decision. For additional proposed changes will improve
amended by the Hazardous and Solid information, see the direct final rule information on the movement and
Waste Amendments, States must which is located in the Rules and disposition of hazardous wastes, and
develop and implement permit Regulations section of this issue of the will enable interested members of the
programs for Municipal Solid Waste Federal Register. community and the government to
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Document Created: 2018-02-14 08:35:47
Document Modified: 2018-02-14 08:35:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before December 28, 2016. | |
| Contact | Mike Gordon, (215) 814-2039, or by email at [email protected] | |
| FR Citation | 81 FR 85457 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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