[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53130-53132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-10]
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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 powers.marilyn@epa.gov.
[[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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COMAR 10.18.08/26.11.08 Control of Incinerators
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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].
* * * * * * *
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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]
BILLING CODE 6560-50-P