[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Rules and Regulations]
[Pages 8001-8003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04069]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2018-0588; FRL-9990-45--Region 5]
Air Plan Approval; Minnesota; Commercial and Industrial Solid
Waste Incineration Units and Other Solid Waste Incineration Units
Negative Declarations 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 negative declarations from Minnesota
pertaining to the presence of Commercial and Industrial Solid Waste
Incineration (CISWI) units and Other Solid Waste Incineration (OSWI)
units in Minnesota. The Minnesota Pollution Control Agency (MPCA)
submitted its CISWI negative declaration by letter dated February 3,
2017, and its OSWI negative declaration by letter dated June 21, 2017.
MPCA notified EPA in its negative declaration letters that there are no
CISWI or OSWI units subject to the requirements of the Clean Air Act
(Act) currently operating in Minnesota. On September 27, 2018, EPA
published a notice of proposed rulemaking for these declarations.
DATES: This final rule is effective on April 5, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0588. 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
[[Page 8002]]
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 action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
On February 3, 2017, MPCA submitted its CISWI negative declaration,
in which MPCA certified that there are no existing CISWI units
currently operating in Minnesota.
On June 21, 2017, MPCA submitted its OSWI negative declaration, in
which it certified that there are no existing OSWI units currently
operating in Minnesota.
On September 27, 2018, EPA published a notice of proposed
rulemaking (NPRM) proposing notice of Minnesota's negative declarations
for CISWI and OSWI. The specific details of Minnesota's request and the
rationale for EPA's approval are discussed in the NPRM and will not be
restated here. EPA did not receive any comments on the proposed action.
II. What action is EPA taking?
EPA is notifying the public of EPA's receipt of MPCA's negative
declarations for both CISWI and OSWI facilities and amending 40 CFR
part 62 to reflect both negative declarations. For CISWI, EPA received
the negative declaration on February 3, 2017, and for OSWI, EPA
received the negative declaration on June 21, 2017. In this action, EPA
is finalizing its notification. EPA is also adding 40 CFR part 62.5880
and 62.5890 to reflect these notifications.
III. 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 OSWI 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.).
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 May 6, 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
[[Page 8003]]
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, Other Solid Waste
Incinerator Units, Reporting and record-keeping requirements.
Dated: February 25, 2019.
Cheryl L. Newton,
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. Add Sec. Sec. 62.5880 and 62.5890 and their undesignated center
headings to subpart Y to read as follows:
* * * * *
Control of Air Emissions From Commercial and Industrial Solid Waste
Incineration Units
Sec. 62.5880 Identification of plan--negative declaration.
On February 3, 2017, the Minnesota Pollution Control Agency
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 Minnesota subject to the emissions
guidelines at 40 CFR part 60, subpart DDDD.
Control of Air Emissions From Other Solid Waste Incineration Units
Sec. 62.5890 Identification of plan--negative declaration.
On June 21, 2017, the Minnesota Pollution Control Agency submitted
a negative declaration letter to EPA certifying that there are no
existing Other Solid Waste Incineration (OSWI) units in the State of
Minnesota subject to the emissions guidelines at 40 CFR part 60,
subpart FFFF.
[FR Doc. 2019-04069 Filed 3-5-19; 8:45 am]
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