[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Proposed Rules]
[Pages 4621-4622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02059]



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.


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 
duke.gerallyn@epa.gov. 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 gordon.mike@epa.gov.


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]