[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34918-34920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2013-0372; FRL-9821-1]


Direct Final Approval of Sewage Sludge Incinerators State Plan 
for Designated Facilities and Pollutants; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Indiana's State Plan to control air 
pollutants from ``Sewage Sludge Incinerators'' (SSI). The Indiana 
Department of Environmental Management (IDEM) submitted the State Plan 
on February 27, 2013. The State Plan is consistent with the Emission 
Guidelines (EGs) promulgated by EPA on March 21, 2011. This approval 
means that EPA finds that the State Plan meets applicable Clean Air Act 
(Act) requirements for subject SSI units. Once effective, this approval 
also makes the State Plan Federally enforceable.

DATES: This direct final rule will be effective August 12, 2013, unless 
EPA receives adverse comments by July 11, 2013. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0372, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2543.
    4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere 
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office normal hours of operation, and special arrangements should be 
made for deliveries of boxed information. The Regional Office official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0372. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Margaret Sieffert, Environmental 
Engineer, at (312) 353-1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. What Does the State plan contain?
III. Does the State Plan meet the EPA requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On March 21, 2011, in accordance with sections 111 and 129 of the 
Act, EPA promulgated SSI EGs and compliance schedules for the control 
of emissions from existing SSI units. See 76 FR 15404. EPA codified 
these guidelines at 40 CFR part 60, subpart MMMM. They include a model 
rule at 40 CFR Sec. Sec.  60.5085 through 62.5250 that States may use 
to develop their own plans. Under that rule, EPA has defined an ``SSI 
unit,'' in part, as any device that combusts sewage sludge for the 
purpose of reducing the volume of the sewage sludge by removing 
combustible matter. 40 CFR 60.5250
    Under section 111(d) of the Act, EPA is required to develop 
regulations for existing sources of noncriteria pollutants (i.e., a 
pollutant for which there is no national ambient air quality standard) 
whenever EPA promulgates a standard for a new source. This would 
include SSIs. Section 111(d) plans are subject to EPA review and 
approval.
    Under section 129(b)(2) of the Act and the EGs at subpart MMMM, 
States with SSIs must submit to EPA plans that implement the EGs. The 
plans must be at least as protective as the EGs, which are not 
Federally enforceable until EPA approves them (or promulgates a Federal 
Plan for implementation and enforcement).
    40 CFR part 60, subpart B contains general provisions applicable to 
the adoption and submittal of State Plans for subject facilities under 
section 111(d), which would include SSIs. On February 27, 2013, Indiana 
submitted its SSI State Plan, which EPA received on March 1, 2013. This 
submission followed public hearings for preliminary adoption of the 
State rule on May 2, 2012 and for final adoption on August 1, 2012. The 
State adopted the final rule on October 31, 2012 and it became 
effective on November 1, 2012. The plan includes State rule 326 IAC 11-
10, which establishes emission standards for existing SSI.

[[Page 34919]]

II. What does the State Plan contain?

    The State submittal is based on the SSI EGs. As set forth in 
section 129 of the Act and in 40 CFR part 60, subparts B and MMMM, the 
State Plan addresses the nine minimum required elements, as follows:
    1. An inventory of affected SSI units, including those that have 
ceased operation but have not been dismantled. Indiana has provided 
this.
    2. An inventory of the emissions from affected SSI units. Indiana 
has provided this.
    3. Compliance schedules for each affected SSI unit. Indiana has 
provided a compliance schedule and a compliance date of December 21, 
2015.
    4. Emission limits, emission standards, operator training and 
qualification requirements and operating limits for affected SSI units 
that are at least as protective as the EGs. Indiana has provided this.
    5. Performance testing, recordkeeping and reporting and 
requirements. Indiana has provided this.
    6. Certification that the hearing on the state plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission. Indiana has provided this.
    7. A provision for State progress reports to EPA. Indiana has 
stated that it will submit an annual report that will include updates 
to the inventory, any enforcement activities and submission of copies 
of technical reports on all performance testing on designated 
facilities. The Air Facility System will be used to submit information 
pertaining to emissions, inspections, status of compliance, dates of 
performance testing, and enforcement actions.
    8. Identification of enforceable state mechanisms that the State 
selected for implementing the EGs. Indiana has provided a detailed list 
which identified the enforceable mechanisms.
    9. A demonstration of the State's legal authority to carry out the 
SSI State Plan. Indiana has provided a detailed list which demonstrated 
that it has such legal authority. This includes the legal authority to 
incorporate by reference Federal emission guidelines provisions, as 
confirmed by an Indiana Attorney General's Opinion letter dated 
February 21, 2013.

III. Does the State Plan meet the EPA requirements?

    EPA evaluated the SSI State Plan and related information submitted 
by Indiana for consistency with the Act, EPA regulations and policy. 
For the reasons discussed above, EPA has determined that the State Plan 
meets all applicable requirements and, therefore, is approving it.

IV. What action is EPA taking?

    EPA is approving the State Plan which Indiana submitted on February 
27, 2013, for the control of emissions from existing SSI sources in the 
State. EPA is publishing this approval notice without prior proposal 
because the Agency views this as a non-controversial action and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the State Plan in 
the event adverse written comments are filed. This rule will be 
effective August 12, 2013 without further notice unless we receive 
relevant adverse written comments by July 11, 2013. If we receive such 
comments, we will withdraw this action before the effective date by 
publishing a subsequent document that will withdraw the final action. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed action. EPA will not institute a 
second comment period. Any parties interested in commenting on this 
action should do so at this time. Please note that if EPA receives 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, EPA 
may adopt as final those provisions of the rule that are not the 
subject of an adverse comment. If we do not receive any comments, this 
action will be effective August 12, 2013.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it approves a state rule implementing a Federal standard.
    In reviewing section 111(d)/129 plan submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the Act. 
In this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a section 111(d)/129 plan submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a section 111(d)/129 plan submission, to use VCS in place of a 
section 111(d)/129 plan submission that otherwise satisfies the 
provisions of the Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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

[[Page 34920]]

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 rule 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. 
This rule 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 12, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 Indiana's section 111(d)/129 plan revision for 
SSI sources may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sewage sludge incinerators.

    Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart P--Indiana

0
2. Add an undesignated center heading and Sec. Sec.  62.3670, 62.3671, 
and 62.3672 to subpart P to read as follows:

Control of Air Emissions From Sewage Sludge Incinerators


Sec.  62.3670  Identification of plan.

    On February 27, 2013, Indiana submitted a State Plan for 
implementing the emission guidelines for Sewage Sludge Incinerators 
(SSI). The enforceable mechanism for this State Plan is a State rule 
codified in 326 Indiana Administrative Code (IAC) 11-10. The rule was 
adopted on August 1, 2012, and became effective on November 1, 2012.


Sec.  62.3671  Identification of sources.

    The Indiana State Plan for existing Sewage Sludge Incinerators 
(SSI) applies to all SSIs for which construction commenced on or before 
October 14, 2010 or for which a modification was commenced on or before 
September 21, 2011 primarily to comply with this rule.


Sec.  62.3672  Effective Date.

    The Federal effective date of the Indiana State Plan for existing 
Sewage Sludge Incinerators is August 12, 2013.

[FR Doc. 2013-13724 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P