[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53130-53132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-MD-0013; FRL-8714-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to the Control of Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the 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: Effective Date: This final rule is effective on October 15, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-MD-0013. All documents in the docket are listed 
in the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard 
copy for public inspection 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: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

[[Page 53131]]


SUPPLEMENTARY INFORMATION: 

I. Background

    On January 31, 2006 (70 FR 5033), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of the amendments to regulations .01 and .05 under COMAR 
26.11.08 Control of Incinerators. The formal SIP revision was submitted 
by the MDE on October 31, 2005 (05-06). Other specific 
requirements of the SIP revision and the rationale for EPA's proposed 
action are explained in the NPR and will not be restated here. On March 
2, 2006, EPA received an adverse comment on its January 31, 2006 NPR. A 
summary of the comment submitted and EPA's response is provided in 
Section II of this document.

II. Summary of Public Comments and EPA Responses

    Comment: A commenter submitted test results from the following 
pollutants: visible emissions, particulate matter, carbon monoxide, 
nitrogen oxides, sulfur dioxide, hydrogen chloride, metals (cadmium, 
mercury, and lead), dioxins, and furans concerning human and animal 
crematories. The test results show that the emissions of nearly all the 
tested pollutants increased when the operating temperature was raised. 
From the test results, the commenter indicates that there is no benefit 
to the higher operating temperatures required in many states. The 
commenter indicates that the test results also demonstrate that 
crematories are capable of low emissions without the use of additional 
control equipment.
    Response: This rulemaking is limited to the amendments of .01 and 
.05 under COMAR 26.11.08 Control of Incinerators. These amendments 
define the term ``crematory'' and clarify that crematories are subject 
to the 0.1 grain loading particulate matter requirement. This 
rulemaking does not address visible emissions or emissions of carbon 
monoxide, nitrogen oxides, sulfur dioxide, hydrogen chloride, metals, 
dioxins, and furans. Comments regarding emissions of these pollutants 
are not relevant to this rulemaking. EPA is required to respond only to 
comments relevant to the rulemaking. See, e.g., Whitman v. American 
Trucking Ass'n., 531 U.S. 457, 471 (2001). To the extent that the 
comment addresses a pollutant relevant to this rulemaking, such as 
particulate matter, the commenter appears to be challenging the State's 
decision to regulate crematories in the particular manner it has 
chosen. The CAA is based upon ``cooperative federalism,'' which 
contemplates that each State will develop its own SIP, and that States 
retain a large degree of flexibility in choosing which sources to 
control and to what degree. EPA must approve a State's plan if it meets 
the minimum requirements of the CAA. Union Electric Co. v. EPA, 427 
U.S. 246, 264-266 (1976). The comment therefore presents no basis for 
EPA disapproving the proposed SIP revision.

III. Final Action

    EPA is approving Maryland's SIP revision submitted on October 31, 
2005. The SIP revision clarifies that crematories are subject to the 
particulate matter requirements of COMAR 26.11.08 by amending the 
definitions in section .01 and the emissions requirements in section 
.05.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 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 Clean Air Act; 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP 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.

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 14, 2008. 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 a Maryland SIP revision 
that amends COMAR 26.11.08 may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

[[Page 53132]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: August 29, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In (52.1070, the table in paragraph (c) is amended by revising the 
entries for COMAR 10.18.08.01 and 10.18.08.05 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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                                                                                                  Additional
 Code of Maryland  administrative                            State                               explanation/
   regulations (COMAR) citation       Title/subject     effective date   EPA approval date    citation at 40 CFR
                                                                                                Sec.   52.1100
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                                                  * * * * * * *
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     COMAR 10.18.08/26.11.08                                  Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01.............  Definitions........         9/12/05  9/15/08 [Insert      Definition of
                                                                         page number where    ``crematory'' is
                                                                         the document         added.
                                                                         begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.05.............  Particulate Matter.         9/12/05  9/15/08 [Insert      Sections .05A(3)
                                                                         page number where    and .05B(2)(a) are
                                                                         the document         revised.
                                                                         begins].
 
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[FR Doc. E8-21310 Filed 9-12-08; 8:45 am]
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