[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Rules and Regulations]
[Pages 16203-16206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2012-0707; A-1-FRL-9908-37-Region 1]


Approval and Promulgation of State Plans (Negative Declarations) 
for Designated Facilities and Pollutants: Connecticut, Maine, New 
Hampshire, and Vermont; Withdrawal of State Plan for Designated 
Facilities and Pollutants: New Hampshire; Technical Corrections to 
Approved State Plans (Negative Declarations): Rhode Island and Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
negative declarations for hospital/medical/infectious waste 
incinerators (HMIWI) for the State of Connecticut and the State of New 
Hampshire and negative declarations for sewage sludge incinerators 
(SSI) for the State of Maine and the State of Vermont. EPA is also 
approving the withdrawal of a previously-approved State Plan for HMIWI 
in the State of New Hampshire. Lastly, EPA is making technical 
corrections to Clean Air Act Sections 111(d) and 129 State Plan 
(Negative Declaration) approvals for Other Solid Waste Incinerators 
(OSWI) for the State of Rhode Island and the State of Vermont.

DATES: This direct final rule will be effective May 27, 2014, unless 
EPA receives adverse comments by April 24, 2014. 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 Number EPA-
R01-OAR-2012-0707 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0653.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0707'', 
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, & 
Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida E. 
McDonnell, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, & 
Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0707. 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 through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
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 electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
legal holidays.
    In addition, copies of the state submittal and EPA's technical 
support document are also available for public inspection during normal 
business

[[Page 16204]]

hours, by appointment at the Bureau of Air Management, Department of 
Energy and Environmental Protection, State Office Building, 79 Elm 
Street, Hartford, CT 06106-1630; Bureau of Air Quality Control, 
Department of Environmental Protection, First Floor of the Tyson 
Building, Augusta Mental Health Institute Complex, Augusta, ME 04333-
0017; Air Resources Division, Department of Environmental Services, 6 
Hazen Drive, P.O. Box 95, Concord, NH 03302-0095; Office of Air 
Resources, Department of Environmental Management, 235 Promenade 
Street, Providence, RI 02908-5767; Vermont Department of Environmental 
Conservation, Air Pollution Control Division, One National Life Drive, 
Davis (North) Building 2nd Floor, Montpelier, VT 05620-3802).

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, & 
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, Region 1, 5 Post 
Office Square, Mail Code: OEP05-2, Boston, MA 02109-0287. The telephone 
number is (617) 918-1287. Mr. Bird can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
II. Hospital/Medical/Infectious Waste Incinerators
    A. Connecticut
    B. New Hampshire
III. Sewage Sludge Incinerators
    A. Maine
    B. Vermont
IV. Other Solid Waste Incinerators
    A. Rhode Island
    B. Vermont
V. Final Actions
VI. Statutory and Executive Order Reviews

I. Background

    Sections 111(d) and 129 of the Clean Air Act (the Act) require 
submittal of state plans to control certain pollutants (designated 
pollutants) at existing solid waste combustion facilities (designated 
facilities) whenever standards of performance have been established 
under section 111(b) for new sources of the same source category and 
EPA has established emission guidelines for such existing sources. If a 
state fails to submit a satisfactory plan, the Act provides EPA the 
authority to prescribe a plan for regulating designated pollutants at 
designated facilities. The EPA-prescribed plan, also known as a federal 
plan, is generally 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 a negative 
declaration in lieu of a state plan.

II. Hospital/Medical/Infectious Waste Incinerators

    New source performance standards (NSPS) for new stationary source 
hospital/medical/infectious waste incinerators (HMIWI) and emission 
guidelines (EG) for existing source HMIWI were originally promulgated 
on September 15, 1997 (62 FR 48348). The rule underwent a number of 
revisions and amendments throughout the 2000s and was most recently 
finalized on April 4, 2011 (76 FR 18407). EG for existing HMIWI are 
applicable to units for which construction commenced on or before 
December 1, 2008 or for which modification or reconstruction commenced 
no later than April 6, 2010. EG for existing HMIWI are codified at 40 
CFR Part 60, Subpart Ce.

A. Connecticut

    EPA inventoried one existing HMIWI in the State of Connecticut; 
however the unit, owned by Bristol-Myers Squibb Company and located at 
their Wallingford, CT facility, was rendered inoperable in early 
September 2012. An inspection conducted on September 24, 2012 by the 
Connecticut Department of Energy & Environmental Protection (CT DEEP) 
confirmed the HMIWI was rendered inoperable, and therefore no longer 
subject to HMIWI EG.
    CT DEEP intended to request delegation of the HMIWI federal plan. 
With the closure of its only existing HMIWI unit, CT DEEP submitted a 
negative declaration on January 25, 2013 indicating no existing HMIWI 
operate within the State of Connecticut.

B. New Hampshire

    On August 8, 2011, the New Hampshire Department of Environmental 
Services (NH DES) submitted a negative declaration certifying no 
existing HMIWI operate within the State of New Hampshire. EPA published 
approval of a New Hampshire State Plan for existing HMIWI on February 
8, 2000 (65 FR 6008), and the August 2011 negative declaration could 
not be approved until the State Plan was withdrawn by the State. On 
September 9, 2011, NH DES formally requested EPA to withdraw the State 
Plan for existing HIMWI, citing the closure of all HMIWI units in the 
State. EPA requested documentation of the closure of certain HMIWI that 
operated into the late 2000s. NH DES complied with this request, and on 
October 9, 2012, submitted an updated negative declaration. The October 
2012 negative declaration included supporting documents which 
demonstrated the units in question were permanently shut down and 
rendered inoperable. Furthermore, NH DES submitted documents citing RSA 
125-N-6, a state regulation enacted by the General Court of New 
Hampshire which prohibits the reactivation of closed HMIWIs or the 
construction of new HMIWIs.

III. Sewage Sludge Incinerators

    NSPS for sewage sludge incinerators (SSI) for which construction 
commenced after October 14, 2010 or modification or reconstruction 
commenced after September 21, 2011 and EGs for existing SSI constructed 
on or before October 14, 2010 were promulgated by EPA on March 21, 2011 
(76 FR 15372). The EG for existing SSI are codified at 40 CFR Part 60, 
Subpart MMMM.

A. Maine

    Maine Department of Environmental Protection (ME DEP) submitted a 
negative declaration on July 20, 2012 certifying no existing SSI 
operate within the State of Maine. ME DEP air and water licensing staff 
confirmed the absence of existing SSI within the State's jurisdiction 
prior to its submittal of the negative declaration.

B. Vermont

    Vermont Department of Environmental Conservation submitted a 
negative declaration on February 10, 2012 certifying no existing SSI 
operate within the State of Vermont.

IV. Other Solid Waste Incinerators

    NSPS for other solid waste incinerators (OSWI) for which 
construction commenced after December 9, 2004 or modifications or 
reconstruction commenced on or after June 16, 2006 and EGs for existing 
OSWI constructed on or before December 9, 2004 were promulgated by EPA 
on December 16, 2005 (70 FR 74870). The EG for existing OSWI are 
codified at 40 CFR Part 60, Subpart FFFF.
    EPA became aware of two clerical errors inadvertently codified 
under 40 CFR Part 62, Subpart OO (Rhode Island) and UU (Vermont). The 
following paragraphs explain the errors in greater detail and discuss 
the corrective actions EPA is making in today's Federal Register.

[[Page 16205]]

A. Rhode Island

    On April 6, 2007, EPA approved a negative declaration in lieu of a 
state plan for existing OSWI in the State of Rhode Island (72 FR 
17027). The approved regulatory text at 40 CFR 62.9995 incorrectly 
states:

``On November 8, 2006, the Rhode Island Department of Environmental 
Management submitted a letter certifying that there are no existing 
other solid waste incineration units in the state subject to the 
emission guidelines under part 60, subpart EEEE of this chapter.''

    40 CFR Part 60, Subpart EEEE refers to NSPS affecting new or 
modified OSWI. 40 CFR 62.9995 must be amended by removing reference to 
Subpart EEEE and adding reference to EG applicable to existing OSWI 
codified at 40 CFR Part 60, Subpart FFFF.

B. Vermont

    On September 13, 2006, EPA approved a negative declaration in lieu 
of a state plan for existing OSWI in the State of Vermont (71 FR 
53972). The approved regulatory text at 40 CFR 62.11490 incorrectly 
states:

``On June 30, 2006, the Vermont Department of Environmental 
Conservation submitted a letter certifying that there are no existing 
other solid waste incineration units in the state subject to the 
emission guidelines under part 60, subpart EEEE of this chapter.''

    40 CFR Part 60, Subpart EEEE refers to NSPS affecting new or 
modified OSWI. 40 CFR 62.11490 must be amended by removing reference to 
Subpart EEEE and adding reference to EG applicable to existing OSWI 
codified at 40 CFR Part 60, Subpart FFFF.

V. Final Actions

    EPA is approving the negative declarations for HMIWI for the State 
of Connecticut and the State of New Hampshire and negative declarations 
for SSI for the State of Maine and the State of Vermont. The negative 
declarations satisfy the requirements of 40 CFR 62.06 and will serve in 
lieu of CAA section 111(d)/129 state plans for the specified states and 
source categories.
    EPA is approving the NH DES request for withdrawal of the New 
Hampshire HMIWI State Plan. NH DES has successfully demonstrated that 
no existing HMIWI operate within the State. The negative declaration 
submitted by NH DES for existing HMIWI (also being approved in today's 
action) will serve in lieu of a state plan.
    Lastly, EPA is approving technical corrections to 40 CFR Part 62, 
Subpart OO (Rhode Island) and UU (Vermont). This action corrects 
clerical errors made during the approval of OSWI State Plans (Negative 
Declarations) for the State of Rhode Island and the State of Vermont.
    EPA is publishing these actions without prior proposal because the 
Agency views these as noncontroversial amendments 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 negative declarations, 
State Plan withdrawal, and technical corrections should relevant 
adverse comments be filed. This rule will be effective May 27, 2014 
without further notice unless the Agency receives relevant adverse 
comments by April 24, 2014.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 27, 2014 and no further action will be 
taken on the proposed rule. 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.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and 
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 
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 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 this direct final rulemaking 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.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United

[[Page 16206]]

States Court of Appeals for the appropriate circuit by May 27, 2014. 
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. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action 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, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: February 27, 2014.
H. Curtis Spalding,
 Regional Administrator, EPA New England.

    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 H--Connecticut

0
2. Add Sec.  62.1725 and an undesignated heading to subpart H to read 
as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste 
Incineration Units


Sec.  62.1725  Identification of plan--negative declaration

    On January 25, 2013, the State of Connecticut Department of Energy 
and Environmental Protection submitted a letter certifying no Hospital/
Medical/Infectious Waste Incineration units subject to 40 CFR part 60, 
subpart Ce operate within its jurisdiction.

Subpart U--Maine

0
3. Add Sec.  62.4990 and a new undesignated center heading to subpart U 
to read as follows:

Air Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.4990  Identification of plan--negative declaration.

    On July 20, 2012, the State of Maine Department of Environmental 
Protection submitted a letter certifying no Sewage Sludge Incineration 
units subject to 40 CFR part 60, subpart MMMM operate within its 
jurisdiction.

Subpart EE--New Hampshire


Sec.  62.7325  [Amended]

0
4. Amend Sec.  62.7325 by removing and reserving paragraphs (b)(2) and 
(c)(2).
0
5. Revise Sec.  62.7450 to read as follows:


Sec.  62.7450  Identification of plan--negative declaration.

    On August 2, 2011, September 9, 2011, and October 9, 2012 the State 
of New Hampshire Department of Environmental Services submitted letters 
certifying no Hospital/Medical/Infectious Waste Incineration units 
subject to 40 CFR part 60, subpart Ce operate within its jurisdiction.

Subpart OO--Rhode Island

0
6. Revise Sec.  62.9995 to read as follows:


Sec.  62.9995  Identification of plan--negative declaration.

    On November 8, 2006, The State of Rhode Island Department of 
Environmental Management submitted a letter certifying no Other Solid 
Waste Incineration units subject to 40 CFR part 60, subpart FFFF 
operate within its jurisdiction.

Subpart UU--Vermont

0
7. Revise Sec.  62.11490 to read as follows:


Sec.  62.11490  Identification of plan--negative declaration.

    On June 30, 2006, the State of Vermont Department of Environmental 
Conservation submitted a letter certifying no Other Solid Waste 
Incineration units subject to 40 CFR part 60, subpart FFFF operate 
within its jurisdiction.

0
8. Add Sec.  62.11495 and an undesignated center heading to subpart UU 
to read as follows:

Air Emissions From Existing Sewage Sludge Incinerators


Sec.  62.11495  Identification of plan--negative declaration.

    On February 10, 2012, the State of Vermont Department of 
Environmental Conservation submitted a letter certifying no Sewage 
Sludge Incineration units subject to 40 CFR part 60, subpart MMMM 
operate within its jurisdiction.

[FR Doc. 2014-06375 Filed 3-24-14; 8:45 am]
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