[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Rules and Regulations]
[Pages 10608-10610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03922]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2014-0811; FRL-9923-24-Region 8]


Promulgation of State Air Quality Implementation Plans for 
Designated Facilities and Pollutants: Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming; Negative Declarations; Control of 
Emissions From Existing Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action publishing negative declarations for sewage sludge 
incineration (SSI) units for: the State of Colorado, the State of 
Montana, the State of North Dakota, the State of South Dakota, the 
State of Utah, and the State of Wyoming. Each state notified EPA in its 
negative declaration letter that there are no SSI units subject to the 
requirements of sections 111(d) and 129 of the Clean Air Act (CAA) 
within the jurisdictional boundaries of their state. EPA is accepting 
the negative declarations in accordance with the requirements of the 
CAA.

DATES: This rule is effective on April 28, 2015 without further notice, 
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-R08-
OAR-2014-0811, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT section if you are faxing 
comments).
     Mail: Carl Daly, Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding 
federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0811.
    EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://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 http://www.regulations.gov or 
email. The http://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 http://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. For additional instructions on submitting comments, see 
Section I, General Information of this document.
    Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Kendra Morrison, Air Program, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6145, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
    A. Colorado
    B. Montana
    C. North Dakota
    D. South Dakota
    E. Utah
    F. Wyoming
III. Final Action
IV. Statutory and Executive Orders Review

Definitions

    For the purpose of this document, we are giving meaning to certain 
words and initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The initials EG mean emission guidelines.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials NSPS mean new source performance standards.

[[Page 10609]]

    (v) The initials SSI mean sewage sludge incineration.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

    EPA's statutory authority for the regulation of new and existing 
solid waste incineration units is outlined in CAA sections 111 and 129. 
Section 129 of the CAA is specific to solid waste combustion, and 
requires EPA to establish performance standards for each category of 
solid waste incineration units. Section 111 of the Act gives EPA the 
statutory authority to promulgate new source performance standards 
(NSPS), applicable to new units, and/or emission guidelines (EG) for 
existing units. EG are implemented and enforced through either an EPA-
approved state plan or a promulgated federal plan. If a state does not 
have any existing solid waste incineration units for the relevant EG, 
the state shall submit a letter to EPA certifying that no such units 
exist within the state (i.e., negative declaration) in lieu of a state 
plan.
    A SSI unit is a solid waste incinerator located at a wastewater 
treatment facility designed to treat domestic sewage sludge. On March 
21, 2011 (76 FR 15372), EPA promulgated (40 CFR part 60) NSPS for new 
SSI units (subpart LLLL) and EG for existing SSI units (subpart MMMM). 
Existing SSI units are units that commenced construction on or before 
October 14, 2010. The State of Colorado, the State of Montana, the 
State of North Dakota, the State of South Dakota, the State of Utah, 
and the State of Wyoming each determined, through negative 
declarations, that there are no existing SSI units subject to CAA 
sections 111 and 129 within the jurisdictional boundaries of their 
state.

A. Colorado

    Colorado Department of Public Health and Environment submitted a 
negative declaration on April 3, 2013, certifying the Air Pollution 
Control Division identified no SSI units affected by the EG.

B. Montana

    Montana Department of Environmental Quality submitted a negative 
declaration on December 10, 2013, certifying no SSI units covered under 
40 CFR 60, subpart MMMM.

C. North Dakota

    North Dakota Department of Health submitted a negative declaration 
on November 27, 2012, certifying no SSI units covered under 40 CFR 60, 
subpart MMMM.

D. South Dakota

    South Dakota Department of Environment and Natural Resources 
submitted a negative declaration on November 21, 2012, certifying no 
SSI units subject to 40 CFR 60, subpart MMMM.

E. Utah

    Utah Department of Environmental Quality submitted a negative 
declaration on December 23, 2013, certifying no existing SSI units.

F. Wyoming

    Wyoming Department of Environmental Quality submitted a negative 
declaration dated February 28, 2013, certifying no SSI units operating 
within the state.
Under subpart MMMM, Emission Guidelines and Compliance Times for 
Existing Sewage Sludge Incineration Units, EPA has no formal review 
process for negative declaration letters (40 CFR 60.5030).

III. Final Action

    EPA is publishing the negative declarations for existing SSI units 
for the State of Colorado, the State of Montana, the State of North 
Dakota, the State of South Dakota, the State of Utah, and the State of 
Wyoming. 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 category.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the Proposed Rules section of today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to publish the negative declarations 
should relevant adverse comments be filed. This rule will be effective 
April 28, 2015 without further notice unless the Agency receives 
relevant adverse comments by March 30, 2015.
    If the EPA receives adverse comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must 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.

IV. Statutory and Executive Orders Review

    This final action merely publishes some state negative declarations 
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);

[[Page 10610]]

     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 rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not have a substantial direct effect on one or more 
Indian tribes, 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 States Court 
of Appeals for the appropriate circuit by April 28, 2015. 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 may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Solid waste 
incineration, Sewage sludge incineration.

    Dated: January 30, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 62 is amended to read 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 G--Colorado

0
2. Subpart G is amended by adding an undesignated center heading and 
Sec.  62.1390 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.1390  Identification of plan--negative declaration.

    Letter from Colorado Department of Public Health & Environment 
submitted to EPA on April 3, 2013, certifying that there are no known 
existing sewage sludge incineration units in the State of Colorado.

Subpart BB--Montana

0
3. Subpart BB is amended by adding an undesignated center heading and 
Sec.  62.6640 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.6640  Identification of plan--negative declaration.

    Letter from Montana Department of Environmental Quality submitted 
to EPA on December 10, 2013, certifying that there are no known 
existing sewage sludge incineration units in the State of Montana.

Subpart JJ--North Dakota

0
4. Subpart JJ is amended by adding an undesignated center heading and 
Sec.  62.8640 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.8640  Identification of plan--negative declaration.

    Letter from North Dakota Department of Health submitted to EPA on 
November 27, 2012, certifying that there are no known existing sewage 
sludge incineration units in the State of North Dakota.

Subpart QQ--South Dakota

0
5. Subpart QQ is amended by adding an undesignated center heading and 
Sec.  62.10390 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.10390  Identification of plan--negative declaration.

    Letter from South Dakota Department of Environmental Quality 
submitted to EPA on November 21, 2012, certifying that there are no 
known existing sewage sludge incineration units in the State of South 
Dakota.

Subpart TT--Utah

0
6. Subpart TT is amended by adding an undesignated center heading and 
Sec.  62.11150 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.11150  Identification of plan--negative declaration.

    Letter from Utah Department of Environmental Quality submitted to 
EPA on December 23, 2013, certifying that there are no known existing 
sewage sludge incineration units in the State of Utah.

Subpart ZZ--Wyoming

0
7. Subpart ZZ is amended by adding an undesignated center heading and 
Sec.  62.12640 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.12640  Identification of plan--negative declaration.

    Letter from Wyoming Department of Environmental Quality submitted 
to EPA and dated February 28, 2013, certifying that there are no known 
existing sewage sludge incineration units in the State of Wyoming.

[FR Doc. 2015-03922 Filed 2-26-15; 8:45 am]
BILLING CODE 6560-50-P