[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8262-8263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04051]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0812; FRL-9989-73-Region 7]


Approval of State Plans for Designated Facilities and Pollutants; 
Kansas; Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is accepting 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: This final rule will be effective April 8, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2018-0812. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (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 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 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. A 
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 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.
    On December 26, 2018, the EPA published in the Federal Register at 
83 FR 66209, a rule proposing to accept KDHE's certification that there 
exists no SSI units operating in the State of Kansas Subject to 40 CFR 
part 60, subpart MMMM. In response to this proposal, EPA received no 
adverse comments. Therefore, the EPA is finalizing acceptance of 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.

II. What action is EPA taking?

    In this rule, the EPA is amending 40 CFR part 62 to reflect receipt 
of the negative declaration letter from the state of Kanas (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.

[[Page 8263]]

III. Statutory and Executive Orders

    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 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 approves 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 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 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 approves a state's 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 approves a state 
submission in response to a Federal standard.
    This 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: March 1, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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 an undesignated center heading and 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 part 60, subpart MMMM.

[FR Doc. 2019-04051 Filed 3-6-19; 8:45 am]
 BILLING CODE 6560-50-P