[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

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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]
 BILLING CODE 6560-50-P