[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10357-10359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03792]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2009-0554; FRL-9923-35-Region 5]


Approval of Other Solid Waste Incineration Units State Plan for 
Designated Facilities and Pollutants: Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Indiana's State Plan to control air pollutants from ``Other Solid Waste 
Incineration'' (OSWI) units. The Indiana Department of Environmental 
Management (IDEM) submitted the State Plan to EPA on November 27, 2007. 
The State Plan is consistent with Emission Guidelines (EG) promulgated 
by EPA on December 16, 2005. This approval means that EPA finds that 
the State Plan meets applicable Clean Air Act (Act) requirements for 
OSWI units for which construction commenced on or before December 4, 
2004. Once effective, this approval also makes the State Plan Federally 
enforceable.

DATES: This direct final rule will be effective April 27, 2015, unless 
EPA receives adverse comments by March 30, 2015. 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-2009-0554, 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, Integrated Air Toxics 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, Integrated Air Toxics 
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-
2009-0554. 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 legal 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, U.S. 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 December 16, 2005, in accordance with sections 111 and 129 of 
the Act, EPA promulgated OSWI EGs and compliance schedules for the 
control of emissions from existing OSWI units. See 70 FR 74870. EPA 
codified these regulations at 40 CFR part 60, subpart FFFF. They 
include a model rule at 40 CFR 60.3000 through 60.3078. ``OSWI units'' 
are very small municipal waste combustors and institutional waste 
incinerators. See 40 CFR 60.3078.
    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. These would 
include OSWI units. Section 111(d) plans are subject to EPA review and 
approval.
    Under section 129(b)(2) of the Act and the regulations at Subpart 
FFFF, states with OSWI units 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 a State Plan (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 OSWI units. On November 27, 2007, 
Indiana submitted its OSWI State Plan to EPA. This submission followed 
public hearings for preliminary adoption of the State Plan on December 
6, 2006 and for final adoption on February 7, 2007. The State adopted 
the final Plan on February 7, 2007, and became effective on August 9, 
2007. The Plan includes State rule 326 IAC 11-9, which establishes 
emission standards for existing OSWI. EPA was sued and subsequently 
State Plan submittals were put on hold. See

[[Page 10358]]

Sierra Club v. EPA, D.C. Cir. Nos. 06-1066, 07-1063 On March 17, 2014, 
EPA notified IDEM that it could now process the State Plan, but that 
IDEM needed to submit an Attorney General's Opinion regarding the 
State's legal authority to ``Incorporate By Reference'' the EG's. The 
AG's Opinion was sent on November 13, 2014.

II. What does the State Plan contain?

    The State submittal is based on the OSWI EGs (Sec. Sec.  60.2980-
60.3078) and incorporates by reference significant portions of that 
rule. As prescribed by section 129 of the Act and in 40 CFR part 60, 
subparts B and FFFF, the State Plan addresses the nine required 
elements in 40 CFR 60.2983 as follows:
    1. An inventory of affected OSWI units, including those that have 
ceased operation but have not been dismantled. Indiana has provided 
this.
    2. An inventory of the emissions from each of the OSWI units. 
Indiana has provided this.
    3. A compliance schedule for each affected incineration unit. 
Indiana has provided a compliance schedule and a compliance date of 
August 9, 2010.
    4. For each affected incineration unit, emission limitations, 
operator training and qualification requirements, a waste management 
plan, and operating parameter requirements that are at least as 
protective as the emission guidelines contained in 40 CFR 60.2983. 
Indiana has accomplished this, through the incorporation by reference 
(IBR) in 326 IAC 11-9.
    5. Stack testing, recordkeeping, and reporting requirements. 
Indiana has accomplished this, through the IBR in 326 IAC 11-9.
    6. A transcript of the public hearing on the State Plan. Indiana 
has certified that such a hearing was held, and that there were no 
comments.
    7. A provision for State progress reports to EPA. Indiana has 
stated that it will submit data and information using the EPA 
Aerometric Emissions Information Retrieval System. The manner and form 
of reporting will be coordinated with EPA, Region 5.
    8. An identification of enforceable State mechanisms 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 
sections 111(d) and 129 of the Act in its 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 EG provisions, as confirmed by an Indiana Attorney 
General's Opinion dated November 10, 2014.

III. Does the State Plan meet the EPA requirements?

    EPA has evaluated the OSWI 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 November 
27, 2007, for the control of emissions from existing OSWI sources in 
the State. EPA is publishing this action 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 comments are filed. This rule will be effective April 27, 2015 
without further notice unless we receive relevant adverse written 
comments by March 30, 2015. 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 April 
27, 2015.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), 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 (Public Law 104-4). This rule is not approved to apply on 
any Indian reservation land or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law 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.

[[Page 10359]]

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 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 April 27, 2015. 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, Waste treatment and disposal.

    Dated: February 12, 2015.
Bharat Mathur,
Acting 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.  62.3680, 62.3681, 
and 62.3682 to subpart P to read as follows:

Control of Air Emissions From Existing Other Solid Waste Incinerator 
Units


Sec.  62.3680  Identification of plan.

    On November 27, 2007, Indiana submitted the State Plan for 
implementing the Other Solid Waste Incineration Units (OSWI). The 
enforceable mechanism for this State Plan is a State rule codified in 
326 Indiana Administrative Code (IAC) 11-9. The rule was adopted on 
February 7, 2007, and became effective on August 9, 2007.


Sec.  62.3681  Identification of sources.

    The Indiana State Plan for existing Other Solid Waste Incineration 
(OSWI) units applies to all OSWI units as defined in Sec.  60.3078 for 
which construction commenced on or before December 9, 2004 to comply 
with this subpart.


Sec.  62.3682  Effective date.

    The Federal effective date of the Indiana State Plan for existing 
Sewage Sludge Incinerators is April 27, 2015.

[FR Doc. 2015-03792 Filed 2-25-15; 8:45 am]
BILLING CODE 6560-50-P