[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3712-3714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02209]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2018-0600; FRL-9989-36-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: Final 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
[[Page 3713]]
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. On October 3, 2018, EPA published a notice of
proposed rulemaking for these negative declarations.
DATES: This final rule is effective on March 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0600. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Margaret Sieffert, Environmental Engineer, at (312)
353-1151 before visiting the Region 5 office.
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
II. What public comments were received on the proposed approval and
what is EPA's response?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
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.\1\
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\1\ 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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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. 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.
On October 3, 2018, EPA published a notice of proposed rulemaking
(NPRM) proposing notice of Indiana's negative declarations for CISWI
and SSI. The specific details of Indiana's request and the rationale
for EPA's approval are discussed in the NPRM and will not be restated
here.
II. What public comments were received on the proposed approval and
what is EPA's response?
EPA received one anonymous comment on its November 1, 2018,
proposal. This comment addresses subjects outside the scope of our
proposed action, does not explain (or provide a legal basis for) how
the proposed action should differ in any way, and makes no specific
mention of the substantive aspects of the proposed action. Therefore,
this comment is not germane to this rulemaking and requires no further
response.
III. What action is EPA taking?
EPA is notifying the public of EPA's receipt of IDEM's negative
declarations for both CISWI and SSI facilities and amending 40 CFR part
62 to reflect both negative declarations. EPA received the CISWI and
SSI negative declarations and withdrawal requests by letters dated July
31, 2017. In this action, EPA is finalizing its notification. EPA is
also revising 40 CFR part 62.3660 and 62.3670 to reflect these
notifications.
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
[[Page 3714]]
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.).
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 15, 2019. 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Administrative practice and procedure, Air pollution control,
Environmental protection, Commercial and Industrial Solid Waste
Incinerators, Intergovernmental relations, Sewage Sludge Incineration
Units, Reporting and record-keeping requirements.
Dated: December 21, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.
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.
0
2. Revise Sec. 62.3660 to read as follows:
Sec. 62.3660 Identification of plan--negative declaration.
On July 31, 2017, the Indiana Department of Environmental
Management submitted a negative declaration letter to EPA certifying
that there are no existing Commercial and Industrial Solid Waste
Incineration (CISWI) units in the State of Indiana subject to the
emissions guidelines at 40 CFR part 60, subpart DDDD.
0
3. Revise Sec. 62.3670 to read as follows:
Sec. 62.3670 Identification of plan--negative declaration.
On July 31, 2017, the Indiana Department of Environmental
Management submitted a negative declaration letter to EPA certifying
that there are no existing Sewage Sludge Incineration (SSI) units in
the State of Indiana subject to the emissions guidelines at 40 CFR part
60, subpart MMMM.
Sec. 62.3671 [Removed and Reserved]
0
4. Section 62.3671 is removed and reserved.
Sec. 62.3672 [Removed and Reserved]
0
5. Section 62.3672 is removed and reserved.
[FR Doc. 2019-02209 Filed 2-12-19; 8:45 am]
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