[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24220-24222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10043]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2013-0763; FRL-9927-00-Region 6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Texas, Oklahoma, Arkansas, New Mexico, and 
the City of Albuquerque, New Mexico; Control of Emissions From Existing 
Sewage Sludge Incinerator Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve Clean Air Act (CAA) section 111(d)/129 negative 
declarations for the States of Texas, Oklahoma, Arkansas, New Mexico, 
and the City of Albuquerque, New Mexico, for existing sewage sludge 
incinerator (SSI) units. These negative declarations certify that 
existing SSI units subject to the requirements of sections 111(d) and 
129 of the CAA do not exist within the jurisdictions of Texas, 
Oklahoma, Arkansas, and New Mexico (including the City of Albuquerque). 
EPA is accepting the negative declarations in accordance with the 
requirements of the CAA.

DATES: This rule is effective on June 29, 2015 without further notice, 
unless EPA receives relevant adverse comment by June 1, 2015. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2013-0763, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Kenneth W. Boyce at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2013-
0763. 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: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, (214) 665-7259, 
email address [email protected]. To inspect the hard copy materials 
please contact Mr. Boyce or Mr. Bill Deese at (214) 665-6645.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' ``us'' and 
``our'' means the EPA.

Outline

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    EPA's statutory authority for the regulation of new and existing 
solid waste incineration units is outlined in CAA sections 129 and 111. 
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. These standards include new source 
performance standards (NSPS), applicable to new units, and emissions 
guidelines and other requirements applicable to

[[Page 24221]]

existing units. Under CAA section 129, an NSPS or emissions guideline 
must contain numerical emissions limitations for particulate matter, 
opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of 
nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and 
dibenzofurans. While the NSPS is directly applicable to affected 
facilities, the emissions guidelines for existing units are intended 
for states to use in order to develop a state plan to submit to EPA. 
Once approved by EPA, the state plan becomes federally enforceable. If 
a State does not submit an approvable state plan to EPA, EPA is 
responsible for developing, implementing, and enforcing a federal plan.
    While section 129 of the CAA is specific to the combustion of solid 
waste, it also relies on CAA section 111 in promulgating the NSPS and 
emissions guidelines. Section 111 of the CAA gives EPA the statutory 
authority to promulgate an NSPS and/or emissions guideline for certain 
categories of stationary sources, and describes the procedural 
requirements for the development and implementation of these standards. 
More specifically, CAA section 111(d) requires EPA to establish 
procedures for States to submit a state plan to EPA for the regulation 
of existing sources whenever emissions guidelines are promulgated. The 
general provisions for the submittal and approval of state plans are 
codified in 40 CFR part 60, subpart B and 40 CFR part 62, subpart A. 
States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a State 
does not have any existing solid waste incineration units for the 
relevant emissions guidelines, 40 CFR 60.23(b) and 62.06 provide that a 
letter may be submitted certifying that no such units exist within the 
State (i.e., negative declaration) in lieu of a state plan. The 
negative declaration exempts the State from the requirements of subpart 
B that would otherwise require the submittal of a CAA section 111(d)/
129 plan.
    On March 21, 2011 (76 FR 15372), EPA promulgated new source 
performance standards (40 CFR part 60, subpart LLLL) for new SSI units, 
and emission guidelines (40 CRF part 60, subpart MMMM), for existing 
SSI units. Existing SSI units are units that commenced construction on 
or before October 14, 2010. The Texas Commission on Environmental 
Quality (TCEQ), Oklahoma Department of Environmental Quality (ODEQ), 
Arkansas Department of Environmental Quality (ADEQ), New Mexico 
Environment Department (NMED) and the City of Albuquerque, New Mexico 
have each determined that there are no existing SSI units subject to 
CAA sections 111(d) and 129 requirements in their individual air 
pollution control jurisdictions. In order to fulfill obligations under 
CAA sections 111(d) and 129, TCEQ, ODEQ, ADEQ, NMED and the City of 
Albuquerque, New Mexico submitted negative declaration letters to EPA 
on January 28, 2013, November 14, 2011, May 21, 2012, October 6, 2011 
and September 12, 2011, respectively. The submittal of these 
declarations exempts TCEQ, ODEQ, ADEQ, NMED and the City of 
Albuquerque, New Mexico from the requirement to submit a state plan for 
existing SSI units.

II. Final Action

    In this Direct Final action, EPA is amending part 62 to reflect 
receipt of the negative declaration letters from the TCEQ, ODEQ, ADEQ, 
NMED and the City of Albuquerque, New Mexico, certifying that there are 
no existing SSI units subject to 40 CFR part 60, subpart MMMM, in their 
respective jurisdictions, in accordance with 40 CFR 60.5010, 40 CFR 
62.06, and Section 111(d) of the CAA. If a designated facility (i.e., 
existing SSI unit) is later found within any noted jurisdiction after 
publication of this Federal Register action, then the overlooked 
facility will become subject to the requirements of the Federal plan 
for that designated facility, including the compliance schedule. The 
Federal plan will no longer apply, if we subsequently receive and 
approve the 111(d) plan from the jurisdiction with the overlooked 
facility. EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the negative declarations if relevant 
adverse comments are received. This rule will be effective on June 29, 
2015 without further notice unless we receive relevant adverse comment 
by June 1, 2015. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. 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 notifies the public of EPA receipt of negative declarations from 
air pollution control agencies without any existing SSI units in their 
jurisdiction. This action imposes no requirements. Accordingly, EPA 
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 action 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 negative declaration for SSI units, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    With regard to negative declarations for SSI units received by EPA 
from states, EPA's role is to notify the public of the receipt of such 
negative declarations and revise 40 CFR part 62 accordingly. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority

[[Page 24222]]

to disapprove a 111(d)/129 plan negative declaration submission for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA, when it reviews a 111(d)/129 plan negative declaration 
submission, to use VCS in place of a 111(d)/129 plan submission that 
otherwise satisfies the provisions of the CAA. 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 29, 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. 
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 
this 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 approving a negative declaration for SSI units 
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, Waste treatment and disposal.

    Dated: April 16, 2015.
Ron Curry,
Regional Administrator, Region 6.
    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 E--Arkansas

0
2. Subpart E is amended by adding an undesignated center heading and 
Sec.  62.856 to read as follows:

Emissions From Existing Sewage Sludge Incinerator Units


Sec.  62.856  Identification of sources--negative declaration.

    Letter from the Arkansas Department of Environmental Quality, dated 
May 21, 2012, certifying that there are no known existing sewage sludge 
incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, 
within its jurisdiction.

Subpart GG--New Mexico

0
3. Subpart GG is amended by adding an undesignated center heading and 
Sec.  62.7892 to read as follows:

Emissions From Existing Sewage Sludge Incinerator Units


Sec.  62.7892  Identification of sources.

    (a) Negative declaration for the State of New Mexico excluding 
Bernalillo County. Letter from the New Mexico Environment Department, 
dated October 6, 2011, certifying that there are no known existing 
sewage sludge incineration (SSI) units subject to 40 CFR part 60, 
subpart MMMM, within its jurisdiction, excluding Bernalillo County, New 
Mexico.
    (b) Negative declaration for Bernalillo County. Letter from the 
City of Albuquerque Air Pollution Control Division, dated September 12, 
2011, certifying that there are no known existing sewage sludge 
incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, 
within the jurisdiction of the City of Albuquerque and Bernalillo 
County, New Mexico.

Subpart LL--Oklahoma

0
4. Subpart LL is amended by adding an undesignated center heading and 
Sec.  62.9121 to read as follows:

Emissions From Existing Sewage Sludge Incinerator Units


Sec.  62.9121  Identification of sources--negative declaration.

    Letter from the Oklahoma Department of Environmental Quality, dated 
November 14, 2011, certifying that there are no known existing sewage 
sludge incineration (SSI) units subject to 40 CFR part 60, subpart 
MMMM, within its jurisdiction.

Subpart SS--Texas

0
5. Subpart SS is amended by adding an undesignated center heading and 
Sec.  62.10912 to read as follows:

Emissions From Existing Sewage Sludge Incinerator Units


Sec.  62.10912  Identification of sources--negative declaration.

    Letter from the Texas Commission on Environmental Quality, dated 
January 28, 2013, certifying that there are no existing sewage sludge 
incineration (SSI) units subject to the requirements of 40 CFR part 60, 
subpart MMMM, within its jurisdiction.
[FR Doc. 2015-10043 Filed 4-29-15; 8:45 am]
 BILLING CODE 6560-50-P