Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units, 85457-85459 [2016-28428]

Download as PDF Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85457 TABLE 1—VOC CONTENT LIMITS UNDER COMAR 26.11.39 FOR VARIOUS AIM COATING CATEGORIES—Continued Maryland’s new VOC content limits (grams/liter) under COMAR 26.11.39 Architectural and industrial maintenance coatings category Wood preservatives ..................................................................................................................................................................... Zinc-rich primers .......................................................................................................................................................................... III. Proposed Action EPA’s review of this material indicates that Maryland’s new regulations for AIM coatings under COMAR 26.11.39 are based on the OTC’s Phase II AIM model rule and establish more stringent VOC content limits and requirements for certain AIM coating categories compared to COMAR 26.11.33. Therefore, these new regulations should lead to additional VOC reductions from this category. Additionally, Maryland’s new AIM coating regulations are more stringent than the federal standards found at 40 CFR 59, subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings, which in 1998 established nationwide VOC content limits and other requirements for manufacturers of architectural coatings. EPA expects more stringent VOC content limits will reduce emissions of VOCs, a precursor to ozone formation. Reduced VOC emissions and reduced ozone formation will assist Maryland with attaining and maintaining the ozone NAAQS. EPA proposes to add COMAR 26.11.39 to the Maryland SIP as a SIP strengthening measure. Pursuant to section 110 of the CAA, EPA is proposing to approve Maryland’s new AIM coating provision, COMAR 26.11.39, which was submitted on June 27, 2016, as a revision to the Maryland SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. mstockstill on DSK3G9T082PROD with PROPOSALS IV. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Maryland’s new regulations for AIM coatings under COMAR 26.11.39. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VerDate Sep<11>2014 16:30 Nov 25, 2016 Jkt 241001 V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 350 340 methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule pertaining to Maryland’s new regulations for AIM coatings under COMAR 26.11.39, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 10, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016–28436 Filed 11–25–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R03–OAR–2016–0053; FRL–9955–69Region 3] Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 SUMMARY: E:\FR\FM\28NOP1.SGM 28NOP1 85458 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules mstockstill on DSK3G9T082PROD with PROPOSALS 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 https:// www.regulations.gov, or via email to campbell.dave@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, 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814–2039, or by email at gordon.mike@epa.gov. 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 VerDate Sep<11>2014 16:30 Nov 25, 2016 Jkt 241001 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 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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. 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 60 and 62 provisions relevant to existing HMIWI units. E:\FR\FM\28NOP1.SGM 28NOP1 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 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. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R10–RCRA–2016–0622; FRL 9928– 26–Region 10] Determination of Full Program Adequacy of Washington’s Municipal Solid Waste Landfill Permit Program mstockstill on DSK3G9T082PROD with PROPOSALS Under the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments, States must develop and implement permit programs for Municipal Solid Waste SUMMARY: VerDate Sep<11>2014 16:30 Nov 25, 2016 Jkt 241001 Comments on this proposed action must be received in writing on or before January 27, 2017. Environmental protection, Reporting and recordkeeping requirements, Waste treatment and disposal, Water pollution control. DATES: Submit your comments, identified by Docket ID No. EPA–R10– RCRA–2016–0622 by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: calabro.domenic@epa.gov. • Fax: (206) 553–6640, to the attention of Domenic Calabro. • Mail: Send written comments to Domenic Calabro, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AW–150, Seattle, WA 98101. • Hand Delivery or Courier: Deliver your comments to: Domenic Calabro, Office of Air and Waste, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AW–150, Seattle, WA 98101. Such deliveries are only accepted during the Office’s normal hours of operation. ADDRESSES: In the Rules and Regulations section of this issue of the Federal Register, the EPA is granting Washington a determination of full program adequacy for its MSWLF permitting program through a direct final rule without prior proposal, because the EPA views this as a noncontroversial action and anticipates no adverse comments to this action. Unless we receive written adverse comments which oppose this approval during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If written adverse comments are received, the EPA will review the comments and publish another Federal Register document responding to the comments and either affirming or revising the initial decision. For additional information, see the direct final rule which is located in the Rules and Regulations section of this issue of the Federal Register. SUPPLEMENTARY INFORMATION: [FR Doc. 2016–28428 Filed 11–25–16; 8:45 am] Environmental Protection Agency (EPA). ACTION: Proposed rule. List of Subjects U.S. EPA Region 10, 1200 Sixth Avenue, Suite 900, Mailcode: AW–150, Seattle, Washington, 98101, Attn: Mr. Domenic Calabro. Telephone: (206) 553–6640. Dated: November 16, 2016. Shawn M. Garvin, Regional Administrator, Region III. AGENCY: Landfills (MSWLF) and seek an adequacy determination by the Environmental Protection Agency (EPA). This proposed rule documents EPA’s determination that Washington’s MSWLF permit program is adequate to ensure compliance with Federal MSWLF requirements. FOR FURTHER INFORMATION CONTACT: Authority: 42 U.S.C. 7401 et seq. 85459 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Authority: This action is issued under the authority of section 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: October 20, 2016. Dennis J. McLerran, Regional Administrator, EPA Region 10. [FR Doc. 2016–26750 Filed 11–25–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260, 262, 264, 265 and 267 [EPA–HQ–OLEM–2016–0492; FRL–9954– 26–OLEM] RIN 2050–AG90 Internet Posting of and Confidentiality Determinations for Hazardous Waste Export and Import Documents Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. EPA is making these changes to improve protection of public health with respect to hazardous wastes by ensuring public accessibility and transparency of export and import documentation. Specifically, the proposed revisions of the existing regulations will require exporters of hazardous waste and receiving facilities recycling or disposing hazardous waste from foreign sources to maintain a single publicly accessible Web site (‘‘Export/Import Web site’’) to which documents can be posted regarding the confirmation of receipt and confirmation of completed recovery or disposal of individual hazardous waste import and export shipments. These proposed changes will improve information on the movement and disposition of hazardous wastes, and will enable interested members of the community and the government to SUMMARY: E:\FR\FM\28NOP1.SGM 28NOP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Proposed Rules]
[Pages 85457-85459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28428]


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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 https://www.regulations.gov, or via email to 
campbell.dave@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, 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by 
email at gordon.mike@epa.gov.

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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