Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Control of Emissions From Existing Commercial and Industrial Solid Waste Incinerator Units, 4621-4622 [2018-02059]
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daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules
The EPA’s website for the rulemaking,
which includes the proposal and
information about the listening sessions,
can be found at: https://www.epa.gov/
stationary-sources-air-pollution/electricutility-generating-units-repealing-cleanpower-plan-0. Written comments on the
proposed rule may be submitted to the
EPA electronically, by mail, by
facsimile, or through hand delivery/
courier. Please refer to the proposal (82
FR 48035) for the addresses and detailed
instructions.
How to Register: If you would like to
present oral testimony at the listening
sessions, registration will begin on
February 1, 2018. The last day to
register to present oral testimony will be
February 14, 2018, for Kansas City;
February 21, 2018, for San Francisco;
and March 20, 2018, for Gillette. To
register to speak, please use the online
registration form available at: https://
www.epa.gov/stationary-sources-airpollution/electric-utility-generatingunits-repealing-clean-power-plan-0. To
register to speak, we request the
following information: The time you
wish to speak, name, affiliation, email
address, and telephone number. If you
register to speak online, you do not need
to call. If you require reasonable
accommodations, such as the service of
a translator, please let us know at the
time of registration. Please note that
updates made to any aspect of the
sessions will be posted online at:
https://www.epa.gov/stationary-sourcesair-pollution/electric-utility-generatingunits-repealing-clean-power-plan-0.
While the EPA expects the listening
sessions to go forward as set forth above,
it asks that you monitor its website or
contact the appropriate person listed
below to determine if there are any
updates to the information on the
sessions. The EPA does not intend to
publish a notice in the Federal Register
announcing any such updates.
FOR FURTHER INFORMATION CONTACT: If
you are not able to register online or if
you have key questions, contact Amy
Bhesania at (913) 551–7147 or at
bhesania.amy@epa.gov for the session
in Kansas City; Trina Martynowicz at
(415) 947–8715 or at R9CPP@epa.gov for
the session in San Francisco; or Laura
J. Farris at (303) 312–6388 or at
farris.laura@epa.gov for the session in
Gillette.
Questions concerning the proposed
rule that was published in the Federal
Register on October 16, 2017, should be
addressed to Mr. Nick Swanson, Natural
Resources Group, Sector Policies and
Programs Division (E143–03), U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
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16:25 Jan 31, 2018
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27711; telephone number: (919) 541–
4080; email address: swanson.nicholas@
epa.gov.
The
proposal for which the EPA is holding
the listening sessions was published in
the Federal Register on October 16,
2017, and is available at: https://
www.epa.gov/stationary-sources-airpollution/electric-utility-generatingunits-repealing-clean-power-plan-0 and
also in the docket identified below. The
listening sessions will provide
interested parties the opportunity to
present oral comments regarding the
EPA’s proposed repeal, including data,
views, or arguments concerning the
proposal. The EPA may ask clarifying
questions during the oral presentations,
but will not respond to the
presentations at that time. Written
statements and supporting information
submitted during the public comment
period will be considered with the same
weight as any oral comments and
supporting information presented at the
listening sessions. The EPA will keep
the public comment period open until
April 26, 2018.
For planning purposes, each speaker
should anticipate speaking for no more
than 5 minutes, although we might need
to shorten that time if there is a large
turnout. The EPA encourages
commenters to submit to the docket a
copy of their testimony electronically
(via email or CD) or in hard copy form.
The listening session schedules,
including lists of speakers, will be
posted on the EPA’s website at: https://
www.epa.gov/stationary-sources-airpollution/electric-utility-generatingunits-repealing-clean-power-plan-0.
Verbatim transcripts of the sessions and
written statements will be included in
the docket for the rulemaking. The EPA
will make every effort to follow the
schedule as closely as possible on the
day of the sessions; however, please
plan for the sessions to run either ahead
of schedule or behind schedule.
SUPPLEMENTARY INFORMATION:
How can I get copies of this document
and other related information?
The EPA has established a docket for
the proposed rule, ‘‘Repeal of Carbon
Pollution Emission Guidelines for
Existing Stationary Sources: Electric
Utility Generating Units,’’ under Docket
ID No. EPA–HQ–OAR–2017–0355,
available at: https://www.regulations.gov.
Dated: January 17, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018–01321 Filed 1–31–18; 8:45 am]
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4621
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 https://
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
SUMMARY:
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with PROPOSALS
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
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16:25 Jan 31, 2018
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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:
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• 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]
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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]
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