[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56390-56393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23390]



40 CFR Part 62

[EPA-R07-OAR-2015-0514; FRL-9933-97-Region 7]

Approval and Promulgation of Air Quality Implementation Plans for 
Designated Facilities and Pollutants; Missouri; Commercial and 
Industrial Solid Waste Incineration (CISWI) Units

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the state plan for designated 
facilities and pollutants developed under sections 111(d) and 129 of 
the Clean Air Act for the State of Missouri. This direct final action 
will amend the state plan to include a new plan and associated rule 
implementing the emissions guidelines for Commercial and Industrial 
Solid Waste Incineration (CISWI) Units.

DATES: This direct final rule will be effective November 17, 2015, 
without further notice, unless EPA receives adverse comment by October 
19, 2015. If EPA receives adverse comment, we 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-R07-

[[Page 56391]]

OAR-2015-0514, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0514. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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, i.e., 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 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m., excluding legal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7028 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. Analysis of State Submittal
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA. Section 111(d) 
establishes general requirements and procedures on state plan 
submittals for the control of designated pollutants. Section 129 
requires emission guidelines to be promulgated for all categories of 
solid waste incineration units, including CISWI units. Section 129 
mandates that all plan requirements be at least as protective and 
restrictive as the promulgated emission guidelines. This includes fixed 
final compliance dates, fixed compliance schedules, and Title V 
permitting requirements for all affected sources. Section 129 also 
requires that state plans be submitted to EPA within one year after 
EPA's promulgation of the emission guidelines and compliance times.
    On February 7, 2013, EPA finalized emission limitations for CISWI 
units and definitions for Non-Hazardous Secondary Materials (NHSM) that 
are Solid Waste, both under the same notice at 78 FR 9112. This notice 
was the final decision on the CISWI rule originally published March 21, 
2011, and reconsidered after further public comments were solicited and 
received. The notice also included final amendments to the NHSM rule. 
The definition of solid waste in the NHSM rule determines whether a 
particular incinerator is covered under another incinerator rule.
    The state submitted a negative declaration on May 9, 2011. 
Subsequently, the state found that they did have applicable units and 
therefore, the state issued a new rule and state plan to meet its 
obligations under this new Federal rule. The state rule, 10 CSR 10-
6.161, for CISWI became effective on November 21, 2013. The associated 
state plan was issued concurrently with the new rule. The state's rule 
incorporates by reference the Federal rule.

II. Analysis of State Submittal

    The emission guidelines and compliance times are codified in 40 CFR 
part 60, subpart DDDD. State plans must contain specific information 
and the legal mechanisms necessary to implement the emission guidelines 
and compliance times. The requirements are as follows:
     Inventory of affected CISWI units, including those that 
have ceased operation but have not been dismantled.
     Inventory of emissions from affected CISWI units in 
     Compliance schedules for each affected CISWI unit with a 
final compliance date no later than February 7, 2018 or three (3) years 
after the effective date of state plan approval, whichever is earlier.
     Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWI units that are at least as protective as the emission 
guidelines contained in Subpart DDDD.
     Performance testing, recordkeeping, and reporting 
     Certification that the hearing on the State plan was held, 
a list of witnesses and organizational affiliations, if any, appearing 
at the hearing, and a brief written summary of each presenation or 
written submission.
     Provision for State progress reports to EPA.
     Identification of enforceable State mechanisms that were 
selected for implementing the emission guidelines of Subpart DDDD.
     Demonstration of Missouri's legal authority to carry out 
the sections 111(d) and 129 State plan.
    The state's plan was received on March 5, 2014, in accordance with 
the requirements for adoption and submittal of state plans for 
designated facilities in 40 CFR part 60, subpart B. The plan 
establishes emission limits for existing CISWI units, and provides for 
the implementation and enforcement of

[[Page 56392]]

those limits. Missouri's plan includes all documentation that all of 
these requirements have been met. The emission limits, testing, 
monitoring, reporting and recordkeeping requirements, and other aspects 
of the Federal rule have been adopted. Missouri rule 10 CSR 10-6.161 
contains the applicable requirements. The state provided evidence that 
it complied with the public notice and comment requirements of 40 CFR 
part 60, subpart DDDD.

III. What Action is EPA Taking?

    Based on the rationale discussed aboved, EPA is taking direct final 
action to approve Missouri's March 5, 2014, submittal of its 111(d) 
plan for commercial and industrial solid waste incineration units. We 
are publishing this direct final rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the revision to the 111(d) plan if 
adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

IV. Statutory and Executive Order Reviews

    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 action 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. 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.).
    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. 
    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 November 17, 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 Missouri's section 111(d)/129 plan revision for 
CISWI 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, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: September 3, 2015.
 Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:


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

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

Subpart AA--Missouri

2. Revise Sec.  62.6360 to read as follows:

Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units

Sec.  62.6360  Identification of plan.

    (a) Identification of plan. The Missouri Department of Natural 
Resources approved this revision to the Missouri state plan section 
111(d) for the purpose of adopting by reference

[[Page 56393]]

subpart DDDD of part 62, the Commercial and Industrial Solid Waste 
Incineration (CISWI) rule, 10 CSR 10-6.161, which became effective on 
November 21, 2013. This revision was submitted on March 5, 2014.
    (b) Identification of sources. The plan applies to existing 
commercial and industrial solid waste incineration (CISWI) units that 
commenced construction on or before November 30, 1999.
    (c) The effective date of the amended plan is November 17, 2015.

[FR Doc. 2015-23390 Filed 9-17-15; 8:45 am]