83 FR 4621 - 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 22 (February 1, 2018)

Page Range		4621-4622
FR Document		2018-02059

The Environmental Protection Agency (EPA) is proposing to notify the public that it has received a negative declaration for 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.

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)

[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Proposed Rules]
[Pages 4621-4622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0570; FRL-9973-29-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
notify the public that it has received a negative declaration for 
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: Written comments must be received on or before March 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0570 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, the 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.

[[Page 4622]]


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 submittal of state plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established by EPA under section 111(b) for 
new sources of the same source category and the EPA has established 
emission guidelines for such existing sources. When designated 
facilities are located in a state, the state must then develop and 
submit a plan for the control of the designated pollutant. Subpart B of 
40 CFR part 60 establishes procedures to be followed and requirements 
to be met in the development and submission of state plans for 
controlling designated pollutants from designated facilities under 
sections 111(d) and 129 of the CAA. Also, Subpart A of 40 CFR part 62 
provides the procedural framework for the submission of these plans.
    If a state fails to submit a satisfactory plan, the CAA provides 
the EPA the authority to prescribe a plan for regulating the designated 
pollutants at the designated facilities. The 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. Commercial and Industrial Solid Waste Incinerators

    On December 1, 2000 (60 FR 75338), the EPA promulgated new source 
performance standards for new CISWI units, 40 CFR part 60, subpart 
CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60, 
subpart DDDD. After a series of legal challenges, amendments, and 
reconsiderations, the EPA promulgated the Reconsideration and Final 
Amendments for CISWI units on February 7, 2013 (78 FR 9112) (providing 
final standards for new and existing sources). A CISWI unit is any 
distinct operating unit of any commercial or industrial facility that 
combusts, or has combusted in the preceding six months, any solid 
waste, as that term is defined in 40 CFR part 241, Solid Wastes Used as 
Fuels or Ingredients in Combustion Units. 40 CFR 60.2875. A state plan 
must address all existing CISWI units that commenced construction on or 
before June 4, 2010, or for which modification or reconstruction was 
commenced on or before August 7, 2013, with limited exceptions as 
provided in paragraph 40 CFR 60.2555. 40 CFR 60.2550.
    As discussed above, however, if there are no designated facilities 
in the state, the state may submit a negative declaration in lieu of a 
state plan. The EPA will provide public notice of receipt of a state's 
negative declaration with respect to CISWI. 40 CFR 60.2530. If any 
subsequently identified existing CISWI unit is found in a state that 
had submitted a negative declaration, the Federal plan implementing the 
emission guidelines for subpart DDDD would automatically apply to that 
CISWI unit until a state plan is approved. 40 CFR 60.2530.

III. State Submittals and EPA Analysis

    The State of Maryland, through the MDE, has determined that there 
are no CISWI units subject to CAA 111(d)/129 requirements in its 
respective air pollution control jurisdiction. Accordingly, the MDE 
submitted a negative declaration letter to EPA certifying this fact on 
January 20, 2017. The negative declaration letter is available in the 
docket for this rulemaking and available online at www.regulations.gov.

IV. Proposed Action

    EPA's review of this material indicates that MDE has fulfilled its 
obligation under CAA Sections 129 and 111(d) for submittal of a 
negative declaration. EPA is proposing to approve the Maryland negative 
declaration for CISWI units, which was submitted on January 20, 2017. 
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

    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 (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 proposed rule for existing CISWI 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, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: January 11, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-02059 Filed 1-31-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4621

The EPA’s website for the rulemaking, 27711; telephone number: (919) 541– ENVIRONMENTAL PROTECTION
which includes the proposal and 4080; email address: swanson.nicholas@ AGENCY
information about the listening sessions, epa.gov.
can be found at: https://www.epa.gov/ 40 CFR Part 62
SUPPLEMENTARY INFORMATION: The
stationary-sources-air-pollution/electric- [EPA–R03–OAR–2017–0570; FRL–9973–29–
proposal for which the EPA is holding
utility-generating-units-repealing-clean- Region 3]
the listening sessions was published in
power-plan-0. Written comments on the
the Federal Register on October 16,
proposed rule may be submitted to the Approval and Promulgation of Air
2017, and is available at: https:// Quality Implementation Plans; State of
EPA electronically, by mail, by
www.epa.gov/stationary-sources-air- Maryland; Control of Emissions From
facsimile, or through hand delivery/
pollution/electric-utility-generating- Existing Commercial and Industrial
courier. Please refer to the proposal (82
units-repealing-clean-power-plan-0 and Solid Waste Incinerator Units
FR 48035) for the addresses and detailed
also in the docket identified below. The
instructions.
listening sessions will provide AGENCY: Environmental Protection
How to Register: If you would like to Agency (EPA).
interested parties the opportunity to
present oral testimony at the listening
present oral comments regarding the ACTION: Proposed rule.
sessions, registration will begin on
EPA’s proposed repeal, including data,
February 1, 2018. The last day to SUMMARY: The Environmental Protection
views, or arguments concerning the
register to present oral testimony will be Agency (EPA) is proposing to notify the
proposal. The EPA may ask clarifying
February 14, 2018, for Kansas City; public that it has received a negative
questions during the oral presentations,
February 21, 2018, for San Francisco; declaration for commercial and
but will not respond to the
and March 20, 2018, for Gillette. To industrial solid waste incineration
presentations at that time. Written
register to speak, please use the online (CISWI) units within the State of
statements and supporting information
registration form available at: https:// Maryland. This negative declaration
submitted during the public comment
www.epa.gov/stationary-sources-air- certifies that CISWI units subject to the
period will be considered with the same
pollution/electric-utility-generating- requirements of sections 111(d) and 129
weight as any oral comments and
units-repealing-clean-power-plan-0. To of the Clean Air Act (CAA) do not exist
supporting information presented at the
register to speak, we request the within the jurisdictional boundaries of
listening sessions. The EPA will keep
following information: The time you the State of Maryland. EPA is accepting
the public comment period open until
wish to speak, name, affiliation, email the negative declaration in accordance
April 26, 2018.
address, and telephone number. If you with the requirements of the CAA.
register to speak online, you do not need For planning purposes, each speaker DATES: Written comments must be
to call. If you require reasonable should anticipate speaking for no more received on or before March 5, 2018.
accommodations, such as the service of than 5 minutes, although we might need
ADDRESSES: Submit your comments,
a translator, please let us know at the to shorten that time if there is a large identified by Docket ID No. EPA–R03–
time of registration. Please note that turnout. The EPA encourages OAR–2017–0570 at http://
updates made to any aspect of the commenters to submit to the docket a www.regulations.gov, or via email to
sessions will be posted online at: copy of their testimony electronically duke.gerallyn@epa.gov. For comments
https://www.epa.gov/stationary-sources- (via email or CD) or in hard copy form. submitted at Regulations.gov, follow the
air-pollution/electric-utility-generating- The listening session schedules, online instructions for submitting
units-repealing-clean-power-plan-0. including lists of speakers, will be comments. Once submitted, comments
While the EPA expects the listening posted on the EPA’s website at: https:// cannot be edited or removed from
sessions to go forward as set forth above, www.epa.gov/stationary-sources-air- Regulations.gov. For either manner of
it asks that you monitor its website or pollution/electric-utility-generating- submission, the EPA may publish any
contact the appropriate person listed units-repealing-clean-power-plan-0. comment received to its public docket.
below to determine if there are any Verbatim transcripts of the sessions and Do not submit electronically any
updates to the information on the written statements will be included in information you consider to be
sessions. The EPA does not intend to the docket for the rulemaking. The EPA confidential business information (CBI)
publish a notice in the Federal Register will make every effort to follow the or other information whose disclosure is
announcing any such updates. schedule as closely as possible on the restricted by statute. Multimedia
FOR FURTHER INFORMATION CONTACT: If day of the sessions; however, please submissions (audio, video, etc.) must be
you are not able to register online or if plan for the sessions to run either ahead accompanied by a written comment.
you have key questions, contact Amy of schedule or behind schedule. The written comment is considered the
Bhesania at (913) 551–7147 or at official comment and should include
How can I get copies of this document
bhesania.amy@epa.gov for the session discussion of all points you wish to
and other related information?
in Kansas City; Trina Martynowicz at make. EPA will generally not consider
(415) 947–8715 or at R9CPP@epa.gov for The EPA has established a docket for comments or comment contents located
the session in San Francisco; or Laura the proposed rule, ‘‘Repeal of Carbon outside of the primary submission (i.e.
J. Farris at (303) 312–6388 or at Pollution Emission Guidelines for on the web, cloud, or other file sharing
farris.laura@epa.gov for the session in Existing Stationary Sources: Electric system). For additional submission
Gillette. Utility Generating Units,’’ under Docket methods, please contact the person
daltland on DSKBBV9HB2PROD with PROPOSALS

Questions concerning the proposed ID No. EPA–HQ–OAR–2017–0355, identified in the FOR FURTHER
rule that was published in the Federal available at: http://www.regulations.gov. INFORMATION CONTACT section. For the
Register on October 16, 2017, should be full EPA public comment policy,
Dated: January 17, 2018.
addressed to Mr. Nick Swanson, Natural information about CBI or multimedia
Resources Group, Sector Policies and E. Scott Pruitt, submissions, and general guidance on
Programs Division (E143–03), U.S. Administrator. making effective comments, please visit
Environmental Protection Agency, [FR Doc. 2018–01321 Filed 1–31–18; 8:45 am] http://www2.epa.gov/dockets/
Research Triangle Park, North Carolina BILLING CODE 6560–50–P commenting-epa-dockets.

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4622 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: combusts, or has combusted in the • Is not a ‘‘significant regulatory
Mike Gordon, (215) 814–2039, or by preceding six months, any solid waste, action’’ subject to review by the Office
email at gordon.mike@epa.gov. as that term is defined in 40 CFR part of Management and Budget under
SUPPLEMENTARY INFORMATION: 241, Solid Wastes Used as Fuels or Executive Order 12866 (58 FR 51735,
Ingredients in Combustion Units. 40 October 4, 1993);
I. Background CFR 60.2875. A state plan must address • Does not impose an information
Sections 111(d) and 129 of the CAA all existing CISWI units that collection burden under the provisions
require submittal of state plans to commenced construction on or before of the Paperwork Reduction Act (44
control certain pollutants (designated June 4, 2010, or for which modification U.S.C. 3501 et seq.);
pollutants) at existing solid waste or reconstruction was commenced on or • Is certified as not having a
combustor facilities (designated before August 7, 2013, with limited significant economic impact on a
facilities) whenever standards of exceptions as provided in paragraph 40 substantial number of small entities
performance have been established by CFR 60.2555. 40 CFR 60.2550. under the Regulatory Flexibility Act (5
EPA under section 111(b) for new As discussed above, however, if there U.S.C. 601 et seq.);
sources of the same source category and are no designated facilities in the state, • Does not contain any unfunded
the EPA has established emission the state may submit a negative mandate or significantly or uniquely
guidelines for such existing sources. declaration in lieu of a state plan. The affect small governments, as described
When designated facilities are located in EPA will provide public notice of in the Unfunded Mandates Reform Act
a state, the state must then develop and receipt of a state’s negative declaration of 1995 (Pub. L. 104–4);
submit a plan for the control of the with respect to CISWI. 40 CFR 60.2530. • Does not have Federalism
designated pollutant. Subpart B of 40 If any subsequently identified existing implications as specified in Executive
CFR part 60 establishes procedures to be CISWI unit is found in a state that had Order 13132 (64 FR 43255, August 10,
followed and requirements to be met in submitted a negative declaration, the 1999);
the development and submission of Federal plan implementing the emission • Is not an economically significant
state plans for controlling designated guidelines for subpart DDDD would regulatory action based on health or
pollutants from designated facilities automatically apply to that CISWI unit safety risks subject to Executive Order
under sections 111(d) and 129 of the until a state plan is approved. 40 CFR 13045 (62 FR 19885, April 23, 1997);
CAA. Also, Subpart A of 40 CFR part 62 60.2530. • Is not a significant regulatory action
provides the procedural framework for subject to Executive Order 13211 (66 FR
the submission of these plans. III. State Submittals and EPA Analysis 28355, May 22, 2001);
If a state fails to submit a satisfactory
The State of Maryland, through the • Is not subject to requirements of
plan, the CAA provides the EPA the Section 12(d) of the National
authority to prescribe a plan for MDE, has determined that there are no
CISWI units subject to CAA 111(d)/129 Technology Transfer and Advancement
regulating the designated pollutants at Act of 1995 (15 U.S.C. 272 note) because
the designated facilities. The EPA requirements in its respective air
pollution control jurisdiction. application of those requirements would
prescribed plan, also known as a federal be inconsistent with the CAA; and
Accordingly, the MDE submitted a
plan, is often delegated to states with • Does not provide EPA with the
designated facilities but no EPA negative declaration letter to EPA
discretionary authority to address, as
approved state-specific plan. If no such certifying this fact on January 20, 2017.
appropriate, disproportionate human
designated facilities exist within a The negative declaration letter is
health or environmental effects, using
state’s jurisdiction, a state may submit available in the docket for this
practicable and legally permissible
to the EPA a letter of certification to that rulemaking and available online at
methods, under Executive Order 12898
effect (referred to as a negative www.regulations.gov.
(59 FR 7629, February 16, 1994).
declaration) in lieu of a state plan to IV. Proposed Action In addition, this proposed rule for
satisfy the state’s obligation. 40 CFR existing CISWI units within the State of
60.23(b) and 62.06. A negative EPA’s review of this material
Maryland does not have tribal
declaration exempts the state from the indicates that MDE has fulfilled its
implications as specified by Executive
requirement to submit a CAA section obligation under CAA Sections 129 and
Order 13175 (65 FR 67249, November 9,
111(d)/section 129 plan for that 111(d) for submittal of a negative
2000), because the section 111(d)/129
designated pollutant and source declaration. EPA is proposing to
plan is not approved to apply in Indian
category. 40 CFR 60.23(b). approve the Maryland negative
country located in the state, and EPA
declaration for CISWI units, which was
II. Commercial and Industrial Solid notes that it will not impose substantial
submitted on January 20, 2017. EPA is
Waste Incinerators direct costs on tribal governments or
soliciting public comments on the
preempt tribal law.
On December 1, 2000 (60 FR 75338), issues discussed in this document.
the EPA promulgated new source These comments will be considered List of Subjects in 40 CFR Part 62
performance standards for new CISWI before taking final action. Environmental protection,
units, 40 CFR part 60, subpart CCCC, Administrative practice and procedure,
IV. Statutory and Executive Order
and emission guidelines for existing Air pollution control, Commercial and
Reviews
CISWI units, 40 CFR part 60, subpart industrial solid waste incineration
DDDD. After a series of legal challenges, In reviewing section 111(d)/129 plan units, Incorporation by reference,
daltland on DSKBBV9HB2PROD with PROPOSALS

amendments, and reconsiderations, the submissions, EPA’s role is to approve Intergovernmental relations, Reporting
EPA promulgated the Reconsideration state choices, provided that they meet and recordkeeping requirements.
and Final Amendments for CISWI units the criteria of the CAA. Accordingly,
on February 7, 2013 (78 FR 9112) this action merely approves state law as Dated: January 11, 2018.
(providing final standards for new and meeting Federal requirements and does Cosmo Servidio,
existing sources). A CISWI unit is any not impose additional requirements Regional Administrator, Region III.
distinct operating unit of any beyond those imposed by state law. For [FR Doc. 2018–02059 Filed 1–31–18; 8:45 am]
commercial or industrial facility that that reason, this proposed action: BILLING CODE 6560–50–P

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Document Created: 2018-10-26 13:46:31
Document Modified: 2018-10-26 13:46:31

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 March 5, 2018.
Contact		Mike Gordon, (215) 814-2039, or by email at gordon.m[email protected]
FR Citation		83 FR 4621
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incineration Units; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements