83 FR 13878 - Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Control of Emissions From Existing Commercial and Industrial Solid Waste Incinerator Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 63 (April 2, 2018)
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13878-13879 | |
| FR Document | 2018-06653 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13878-13879] From the Federal Register Online [www.thefederalregister.org] [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 gordon.mike@epa.gov. 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
![13878 Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
* * * * * facilities) whenever standards of subsequent approval by EPA. EPA is
[FR Doc. 2018–06542 Filed 3–30–18; 8:45 am] performance have been established accepting the negative declaration in
BILLING CODE 6560–50–P under section 111(b) for new sources of accordance with the requirements of the
the same type, and EPA has established CAA and 40 CFR 60.23(b) and 62.06.
emission guidelines (EG) for such
ENVIRONMENTAL PROTECTION existing sources. CAA section 129 IV. Statutory and Executive Order
AGENCY directs EPA to establish standards of Reviews
performance for new sources and A. General Requirements
40 CFR Part 62 emissions guidelines for existing
[EPA–R03–OAR–2017–0570; FRL–9976– sources for each category of solid waste Under Executive Order 12866 (58 FR
31—Region 3] incineration unit. CAA section 129(a) 51735, October 4, 1993), this action is
and (b). According to section 129(a)(4) not a ‘‘significant regulatory action’’ and
Approval and Promulgation of Air of the CAA, EPA also must specify therefore is not subject to review by the
Quality Implementation Plans; State of numerical emissions limitations for Office of Management and Budget. For
Maryland; Control of Emissions From particulate matter (total and fine), this reason, this action is also not
Existing Commercial and Industrial opacity (as appropriate), sulfur dioxide, subject to Executive Order 13211,
Solid Waste Incinerator Units hydrogen chloride, oxides of nitrogen, ‘‘Actions Concerning Regulations That
AGENCY: Environmental Protection carbon monoxide, lead, cadmium, Significantly Affect Energy Supply,
Agency (EPA). mercury, and dioxins and Distribution, or Use’’ (66 FR 28355, May
dibenzofurans. 22, 2001). This action merely notifies
ACTION: Final rule.
If a state fails to submit a satisfactory the public of EPA receipt of a negative
SUMMARY: The Environmental Protection plan, the CAA provides EPA the declaration from an air pollution control
Agency (EPA) is taking final action to authority to prescribe a plan for agency without any existing CISWI
approve a negative declaration for regulating the designated pollutants at units in their jurisdiction. This action
existing commercial and industrial solid the designated facilities. EPA prescribed imposes no requirements. Accordingly,
waste incineration (CISWI) units within plan, also known as a federal plan, is EPA certifies that this rule will not have
the State of Maryland. This negative often delegated to states with designated a significant economic impact on a
declaration certifies that CISWI units facilities but no EPA approved state- substantial number of small entities
subject to the requirements of sections specific plan. If no such designated
under the Regulatory Flexibility Act (5
111(d) and 129 of the Clean Air Act facilities exist within a state’s
U.S.C. 601 et seq.). Because this action
(CAA) do not exist within the jurisdiction, a state may submit to the
does not impose any additional
jurisdictional boundaries of the State of EPA a letter of certification to that effect
enforceable duty beyond that required
Maryland. EPA is accepting the negative (referred to as a negative declaration) in
by state law, it does not contain any
declaration in accordance with the lieu of a state plan to satisfy the state’s
obligation. 40 CFR 60.23(b) and 62.06. A unfunded mandate or significantly or
requirements of the CAA. uniquely affect small governments, as
DATES: This rule is effective on May 2,
negative declaration exempts the state
from the requirement to submit a CAA described in the Unfunded Mandates
2018. Reform Act of 1995 (Pub. L. 104–4).
section 111(d)/section 129 plan for that
ADDRESSES: EPA has established a This action also does not have tribal
designated pollutant and source
docket for this action under Docket ID category. 40 CFR 60.23(b). implications because it will not have a
No. EPA–R03–OAR–2017–0570. All substantial direct effect on one or more
documents in the docket are listed on II. State Submittal and EPA Analysis Indian tribes, on the relationship
the http://www.regulations.gov website. The Maryland Department of the between the Federal Government and
Although listed in the index, some Environment (MDE) has determined that Indian tribes, or on the distribution of
information is not publicly available, there are no existing CISWI units subject power and responsibilities between the
e.g., confidential business information to the requirements of sections 111(d) Federal Government and Indian tribes,
(CBI) or other information whose and 129 of the CAA in its respective air as specified by Executive Order 13175
disclosure is restricted by statute. pollution control jurisdiction. (65 FR 67249, November 9, 2000). This
Certain other material, such as Accordingly, MDE submitted a negative action also does not have Federalism
copyrighted material, is not placed on declaration letter to EPA certifying this implications because it does not have
the internet and will be publicly fact on January 20, 2017. A notice of substantial direct effects on the States,
available only in hard copy form. proposed rulemaking was published in on the relationship between the national
Publicly available docket materials are the Federal Register on February 1, government and the States, or on the
available through http:// 2018 (83 FR 4621). EPA received three distribution of power and
www.regulations.gov, or please contact comments during the public comment responsibilities among the various
the person identified in the FOR FURTHER that were not specific nor related to this levels of government, as specified in
INFORMATION CONTACT section for action and thus are not addressed here. Executive Order 13132 (64 FR 43255,
additional availability information. The negative declaration letter and August 10, 1999). This action merely
FOR FURTHER INFORMATION CONTACT: EPA’s notice of proposed rulemaking approves the negative declaration for
Mike Gordon, (215) 814–2039, or by are available in the docket for this existing CISWI units from the MDE and
email at gordon.mike@epa.gov. rulemaking and online at does not alter the relationship or the
SUPPLEMENTARY INFORMATION: www.regulations.gov. distribution of power and
responsibilities established in the Clean
daltland on DSKBBV9HB2PROD with RULES
I. Background III. Final Action Air Act. This action also is not subject
Sections 111(d) and 129 of the CAA In this final action, EPA is approving to Executive Order 13045 ‘‘Protection of
require states to submit plans to control the negative declaration for CISWI units Children from Environmental Health
certain pollutants (designated submitted by MDE on January 20, 2017 Risks and Safety Risks’’ (62 FR 19885,
pollutants) at existing solid waste and amending part 62 to reflect receipt April 23, 1997), because it is not
combustor facilities (designated of the negative declaration and economically significant.
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![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13879
With regard to negative declarations of the United States. EPA will submit a Dated: March 22, 2018.
for designated facilities received by EPA report containing this action and other Cecil Rodrigues,
from states, EPA’s role is to notify the required information to the U.S. Senate, Acting Regional Administrator, Region III.
public of the receipt of such negative the U.S. House of Representatives, and
40 CFR part 62 is amended as follows:
declarations and revise 40 CFR part 62 the Comptroller General of the United
accordingly. In this context, in the States prior to publication of the rule in PART 62—APPROVAL AND
absence of a prior existing requirement the Federal Register. A major rule PROMULGATION OF STATE PLANS
for the State to use voluntary consensus cannot take effect until 60 days after it FOR DESIGNATED FACILITIES AND
standards (VCS), EPA has no authority is published in the Federal Register. POLLUTANTS
to approve or disapprove a CAA section This action is not a ‘‘major rule’’ as
111(d)/129 plan negative declaration defined by 5 U.S.C. 804(2).
■ 1. The authority citation for part 62
submission for failure to use VCS. It
C. Petitions for Judicial Review continues to read as follows:
would thus be inconsistent with
applicable law for EPA, when it reviews Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401 et seq.
a CAA section 111(d)/129 negative petitions for judicial review of this
declaration, to use VCS in place of a action must be filed in the United States Subpart V—Maryland
section 111(d)/129 negative declaration Court of Appeals for the appropriate
that otherwise satisfies the provisions of circuit by June 1, 2018. Filing a petition ■ 2. Revise § 62.5127 to read as follows:
the Clean Air Act. Thus, the for reconsideration by the Administrator
§ 62.5127 Identification of plan—negative
requirements of section 12(d) of the of this final rule does not affect the declaration.
National Technology Transfer and finality of this action for the purposes of
Advancement Act of 1995 (15 U.S.C. judicial review nor does it extend the (a) May 12, 2005 Maryland
272 note) do not apply. This action does time within which a petition for judicial Department of the Environment letter
not impose an information collection review may be filed, and shall not certifying that existing CISWI units,
burden under the provisions of the postpone the effectiveness of such rule subject to 40 CFR part 60, subpart
Paperwork Reduction Act of 1995 (44 or action. This action approving the DDDD, have been permanently shut
U.S.C. 3501 et seq.). negative declaration for existing CISWI down and have been dismantled in the
units within the State of Maryland may state.
B. Submission to Congress and the
not be challenged later in proceedings to (b) Letter from the State of Maryland,
Comptroller General
enforce its requirements. (See section Department of the Environment,
The Congressional Review Act, 5 307(b)(2)). submitted January 20, 2017, certifying
U.S.C. 801 et seq., as added by the Small that there are no existing commercial/
Business Regulatory Enforcement List of Subjects in 40 CFR Part 62
industrial solid waste incineration units
Fairness Act of 1996, generally provides Environmental protection, within the State of Maryland that are
that before a rule may take effect, the Administrative practice and procedure, subject to 40 CFR part 60, subpart
agency promulgating the rule must Air pollution control, Intergovernmental DDDD.
submit a rule report, which includes a relations, Reporting and recordkeeping
copy of the rule, to each House of the requirements, Waste treatment and [FR Doc. 2018–06653 Filed 3–30–18; 8:45 am]
Congress and to the Comptroller General disposal. BILLING CODE 6560–50–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-11-01 09:09:19
Document Modified: 2018-11-01 09:09:19
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on May 2, 2018. | |
| Contact | Mike Gordon, (215) 814-2039, or by email at [email protected] | |
| FR Citation | 83 FR 13878 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
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