[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66209-66210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27906]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2018-0812; FRL-9988-10-Region 7]
Approval of State Plans for Designated Facilities and Pollutants;
Kansas; Sewage Sludge Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
accept the negative declaration submitted by the State of Kansas, for
Sewage Sludge Incineration (SSI) units. This negative declaration
submitted by the Kansas Department of Health and Environment (KDHE)
certifies that SSI units subject to sections 111(d) and 129 of the
Clean Air Act (CAA) do not exist within the jurisdiction of the State
of Kansas. The EPA is accepting the negative declaration in accordance
with the requirements of the CAA.
DATES: Comments must be received on or before January 25, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0812, to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7041; email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. Written Comments
II. Background
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0812, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. Background
The CAA requires that state regulatory agencies implement emission
guidelines and associated compliance times using a state plan developed
under sections 111(d) and 129 of the CAA.
The general provisions for the submittal and approval of state
plans are codified in 40 Code of Federal Regulations (CFR) part 60,
subpart B and 40 CFR part 62, subpart A. 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 SSI units. SSI units are defined at 40
CFR part 60.5250 as ``an incineration unit combusting sewage sludge for
the purpose of reducing the volume of the sewage sludge by removing
combustible matter. Sewage sludge incineration unit designs include
fluidized bed and multiple hearth. An SSI unit also includes, but is
not limited to, the sewage sludge feed system, auxiliary fuel feed
system, grate system, flue gas system, waste heat recovery equipment,
if any, and bottom ash system. The SSI unit includes all ash handling
systems connected to the bottom ash handling system. The combustion
unit bottom ash system ends at the truck loading station or similar
equipment that transfers the ash to final disposal. The SSI unit does
not include air pollution control equipment or the stack.''
Section 129 mandates that all plan requirements be at least as
protective 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.
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 SSI units for the relevant emission
guidelines, a letter can be submitted certifying that no such units
exist within the state (i.e., negative declaration) in lieu of a state
plan, in accordance with 40 CFR 60.5010. The negative declaration
exempts the state from the requirements of subpart B that
[[Page 66210]]
would otherwise require the submittal of a CAA section 111(d)/129 plan.
On March 21, 2011, EPA finalized emission guidelines for SSI units
at 76 FR 15372, (found at 40 CFR part 60, subpart MMMM). Following the
2011 final rule, KDHE determined that there were two SSI units
operating at a single facility in Kansas, but those units were
permanently shut down on June 14, 2014 and September 7, 2016. Prior to
shutdown of the two units at the single facility in Kansas, the two
units were regulated via the Federal plan under the enforcement
oversight of EPA Region 7. In response and following the shutdown of
the units, KDHE submitted a negative declaration for SSI units on April
30, 2018.
EPA is proposing to accept KDHE's negative declaration submission
made on April 30, 2018. This action applies to the state's regulatory
requirements for existing facilities and not new sources.
III. What action is EPA proposing to take?
In this proposed action the EPA proposes to amend 40 CFR part 62 to
reflect receipt of the negative declaration letter from KDHE certifying
that there are no existing SSI units subject to 40 CFR part 60, subpart
MMMM, in accordance with section 111(d) of the CAA.
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 under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This proposed 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 proposes to approve the
state's negative declaration as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking 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 proposed action does not impose an enforceable duty upon
State, local, or tribal governments, and does not reduce or eliminate
the amount of authorization of Federal appropriations, and because it
contains no regulatory requirements applicable to small governments,
this proposed action 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). Thus, Executive Order 13132 does not apply to this action.
This action merely proposes to approve a state negative declaration
submitted in response to a Federal standard and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rulemaking also is not subject to
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) because
it proposes to approve a state submission in response to a Federal
standard.
This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Sewage sludge incineration units.
Dated: December 14, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 62 as set forth below:
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 R--Kansas
0
2. Amend Subpart R by adding paragraph Sec. 62.4183 to read as
follows: Air Emissions From Existing Sewage Sludge Incineration Units.
Sec. 62.4183 Identification of plan--negative declaration.
Letter from the Kansas Department of Health and Environment
submitted April 30, 2018, certifying that there are no sewage sludge
incineration units subject to 40 CFR 60, subpart MMMM.
[FR Doc. 2018-27906 Filed 12-21-18; 8:45 am]
BILLING CODE 6560-50-P