[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49897-49899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21468]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0600; FRL-9984-56--Region 5]


Air Plan Approval; Indiana; Negative Declarations for Commercial 
and Industrial Solid Waste Incineration and Sewage Sludge Incineration 
Units for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the 
public that we have received from Indiana requests for withdrawals of 
the previously approved state plans and notification of negative 
declarations for Commercial and Industrial Solid Waste Incineration 
(CISWI) units and Sewage Sludge Incineration (SSI) units. The Indiana 
Department of Environmental Management (IDEM) submitted its CISWI 
withdrawal and negative declaration by letter dated July 31, 2017 and 
its SSI withdrawal and negative declaration by letter dated July 31, 
2017. IDEM notified EPA in its negative declaration letters that there 
are no CISWI or SSI units subject to the requirements of the Clean Air 
Act (Act) currently operating in Indiana.

DATES: Comments must be received on or before November 2, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0600, at https://www.regulations.gov or via email to 
[email protected]. For comments

[[Page 49898]]

submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, 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, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, 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
    A. Sections 111 and 129 of the Act
    B. Commercial and Industrial Solid Waste Incineration Units
    C. Sewage Sludge Incineration Units
II. Negative Declarations and EPA Analysis
    A. Commercial and Industrial Solid Waste Incineration Units
    B. Sewage Sludge Incineration Units
III. Proposed EPA Action
IV. Statutory and Executive Order Reviews

I. Background

A. Sections 111 and 129 of the Act

    Sections 111 and 129 of the Act set forth EPA's statutory authority 
for regulating, among other types of emission sources, new and existing 
solid waste incineration units. Section 111(b) directs EPA to publish 
and periodically revise a list of categories of stationary sources 
which cause or significantly contribute to air pollution, and to 
establish new source performance standards (NSPS) within these 
categories. Section 111(d) grants EPA statutory authority to require 
states to submit implementation plans for establishing performance 
standards applicable to existing sources belonging to those categories 
established in section 111(b).
    Under Section 111(d), the state submits plans to control certain 
pollutants (designated pollutants) at existing facilities (designated 
facilities) which have been established under section 111(b). EPA has 
promulgated emission guidelines (EGs) for designated facilities, which 
are used by states to formulate their state plan. 40 CFR 60.21(a) and 
(b). Section 129(b) of the Act is specific to solid waste combustion, 
and requires EPA to establish performance standards pursuant to section 
111 of the Act for each category of solid waste incineration units, 
which includes the categories addressed in today's action.
    The regulations at 40 CFR part 60, subpart B, contain general 
provisions applicable to the adoption and submittal of state plans for 
the control of designated pollutants from designated facilities under 
section 111(d) of the Act, including those pollutants and facilities 
designated pursuant to section 129 of the Act. Further, 40 CFR part 62, 
subpart A, provides the procedural framework in which EPA will approve 
or disapprove such plans submitted by a state. If a state fails to 
submit a satisfactory plan, the Act provides EPA with the authority to 
prescribe a plan for regulating the designated pollutants at the 
designated facilities. The EPA prescribed plan, also known as a Federal 
plan, is used to regulate designated facilities when there is no EPA 
approved state-specific plan. Further, if there are no designated 
facilities within a state's jurisdiction, the state may submit to EPA a 
letter of certification to that effect (referred to as a ``negative 
declaration'') in lieu of a state plan to satisfy the state's 
obligation. 40 CFR 60.23(b) and 62.06. The negative declaration exempts 
the state from the requirement to submit a state plan for the 
designated pollutants and facilities. Therefore, if a state submits a 
negative declaration for a category of solid waste incineration units, 
the state is not required to submit a state plan for that source 
category.

B. Commercial and Industrial Solid Waste Incineration Units

    On December 1, 2000, EPA promulgated a NSPS for new CISWI units, 40 
CFR part 60, subpart CCCC, and EGs for existing CISWI units, 40 CFR 
part 60, subpart DDDD. 65 FR 75338. On March 21, 2011 (76 FR 15704), 
EPA, after a ``voluntarily remand'' of the 2000 CISWI standards and 
EGs, promulgated a final CISWI NSPS and EGs.\1\ Correspondingly, on the 
same date, EPA promulgated a final rule under the Resource Conservation 
and Recovery Act (RCRA) to identify which non-hazardous secondary 
materials, when used as fuels or ingredients in combustion units, are 
``solid wastes.'' 76 FR 15456; see 40 CFR part 241, Solid Wastes Used 
as Fuels or Ingredients in Combustion Units (also known as the ``Non-
Hazardous Secondary Material Rule''). The identification of solid waste 
in the Non-Hazardous Secondary Material Rule is used to determine 
whether a combustion unit is required to meet the emissions standards 
for solid waste incineration units issued under sections 111 and 129 of 
the Act, or meet the emissions standards for commercial, industrial, 
and institutional boilers issued under section 112 of the Act. EPA 
subsequently promulgated amendments to both rules on February 7, 2013: 
Commercial and Industrial Solid Waste Incineration Units: 
Reconsideration and Final Amendments; Non-Hazardous Secondary Materials 
That Are Solid Waste; Final Rule. 78 FR 9112. Reconsideration of 
certain aspects of the final CISWI rule resulted in minor amendments. 
81 FR 40956 (June 23, 2016). Pursuant to sections 111(d) and 129 of the 
Act and 40 CFR part 60, subpart B, states were required to revise their 
state plans for existing CISWI units to comply with the amended 
regulations.
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    \1\ For more information on the history to this rule, including 
the remand, see 67 FR 70640 (November 25, 2002).
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    A CISWI unit is defined in 40 CFR 60.2875 as any distinct operating 
unit of any commercial or industrial facility that combusts, or has 
combusted in the preceding 6 months, any solid waste, as that term is 
defined in the Non-Hazardous Secondary Material Rule. A state plan must 
address all existing CISWI units that commenced construction on or 
before June 4, 2010, or for which modification or reconstruction was 
commenced on or before August 7, 2013, with limited exceptions as 
provided in section 40 CFR 60.2555. 40 CFR 60.2550.
    However, as discussed above, if there are no existing designated 
facilities in a state, the state may submit a negative declaration in 
lieu of a state plan. EPA will provide public notice of receipt of a 
state's negative declaration with respect to that solid waste 
incineration unit category. 40 CFR 60.2530. If any

[[Page 49899]]

unit of a solid waste incineration category is subsequently identified 
in a state for which a negative declaration had been submitted, the 
Federal plan implementing the EGs for that source category would apply 
to that unit. In the case of a CISWI unit, subpart DDDD would 
automatically apply to that CISWI unit until a state plan is approved. 
40 CFR 60.2530.

C. Sewage Sludge Incineration Units

    EPA promulgated an NSPS and EGs for SSIs on March 21, 2011. 76 FR 
15404. The NSPS and EGs are codified at 40 CFR part 60, subparts LLLL 
and MMMM, respectively. Thus, states were required to submit plans for 
existing SSIs, pursuant to sections 111(d) and 129 of the Act and 40 
CFR part 60, subpart B.
    A SSI unit is defined in 40 CFR 60.5250 as any device that combusts 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter. The designated facilities to 
which the EGs applied to are existing SSI units that commenced 
construction on or before October 14, 2010 or for which a modification 
was commenced on or before September 21, 2011 primarily to comply with 
this rule. 76 FR 15371.

II. Negative Declarations and EPA Analysis

A. Commercial and Industrial Solid Waste Incineration Units

    IDEM submitted a CISWI state plan on December 20, 2002. EPA 
approved the state plan and it became effective on August 11, 2003. 68 
FR 35181. On July 31, 2017, IDEM submitted its CISWI negative 
declaration, in which it certified that there are no longer any CISWI 
units currently operating in Indiana.\2\
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    \2\ Previously, an incinerator located at Covance Laboratories, 
Inc. was listed by Indiana as subject to the CISWI. In a letter 
dated June 18, 2018, however, EPA determined that Covance's 
incinerator was not a ``CISWI unit'' under the regulations.
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B. Sewage Sludge Incineration Units

    IDEM submitted a SSI state plan on February 27, 2013. EPA approved 
the state plan and it became effective on August 12, 2013. 78 FR 34918. 
On July 31, 2017, IDEM submitted its SSI withdrawal and negative 
declaration, in which it certified that there are no longer any 
existing SSI units currently operating in Indiana. Previously, IDEM 
listed Belmont Advanced Wastewater Treatment Facility as having an 
existing SSI. After modifications at the Belmont facility, however, the 
SSI unit became subject to the NSPS under 40 CFR part 60 subpart LLLL. 
Because there are no existing sources subject to the 2013 state plan, 
IDEM is requesting to withdraw the 2013 state plan and replace it with 
a negative declaration.

III. Proposed EPA Action

    EPA is proposing to amend 40 CFR part 62 to reflect IDEM's 
withdrawals and negative declarations for both CISWI and SSI 
facilities. EPA received the CISWI and SSI negative declarations and 
withdrawal requests by letters dated July 31, 2017.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore is not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011). 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 is not an Executive Order 13771 (82 FR 9339, February 2, 2017) 
regulatory action because this action is not significant under E.O. 
12866. This action merely approves state law as meeting Federal 
requirements and merely notifies the public of EPA's receipt of 
negative declarations from an air pollution control agency without any 
existing CISWI or SSI units in its state. This action imposes no 
requirements beyond those imposed by the state. 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 
pertains to 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 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 provides notice of receipt of negative declarations, 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 just 
notifying the public regarding receipt of the negative declarations.
    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Act. With regard 
to negative declarations for designated facilities 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 to 
disapprove a state plan submission or negative declaration for failure 
to use VCS. It would thus be inconsistent with applicable law for EPA, 
when it reviews a state plan or negative declaration submission, to use 
VCS in place of a state plan or negative declaration 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.).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incinerators, Intergovernmental relations, Sewage sludge incineration 
units, Reporting and recordkeeping requirements.

    Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-21468 Filed 10-2-18; 8:45 am]
 BILLING CODE 6560-50-P