[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2316-2317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00288]



[[Page 2316]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2011-0513; FRL-10003-60-Region 6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; New Mexico and Albuquerque-
Bernalillo County, New Mexico; Control of Emissions From Existing Other 
Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is notifying the public that we 
have received CAA section 111(d)/129 negative declarations from New 
Mexico and Albuquerque-Bernalillo County, New Mexico for existing Other 
Solid Waste Incineration (OSWI) units. These negative declarations 
certify that existing OSWI units subject to the requirements of 
sections 111(d) and 129 of the CAA do not exist within the specified 
jurisdictions in New Mexico. The EPA is accepting the negative 
declarations in accordance with the requirements of the CAA.

DATES: This rule is effective on April 14, 2020 without further notice, 
unless the EPA receives relevant adverse comment by February 14, 2020. 
If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0513, at https://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting 
comments. 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, please contact Karolina Ruan Lei, (214) 
665-7346, [email protected]. For 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1201 Elm Street, Suite 500, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7346, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Karolina Ruan Lei or Mr. Bill Deese at 
(214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    Sections 111(d) and 129 of the CAA require states to submit plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established under section 111(b) for new 
sources of the same type, and the EPA has established emission 
guidelines for such existing sources. CAA section 129 directs the EPA 
to establish standards of performance for new sources (NSPS) and 
emissions guidelines (EG) for existing sources for each category of 
solid waste incineration unit. Under CAA section 129, NSPS and EG must 
contain numerical emissions limitations for particulate matter, opacity 
(as appropriate), sulfur dioxide, hydrogen chloride, oxides of 
nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and 
dibenzofurans. While NSPS are directly applicable to affected 
facilities, EG for existing units are intended for states to use to 
develop a state plan to submit to the EPA. Once approved by the EPA, 
the state plan becomes federally enforceable. If a state does not 
submit an approvable state plan to the EPA, the EPA is responsible for 
developing, implementing, and enforcing a federal plan.
    The regulations at 40 CFR part 60, subpart B, contain general 
provisions applicable to the adoption and submittal of state plans for 
controlling designated pollutants. Additionally, 40 CFR part 62, 
subpart A, provides the procedural framework by which EPA will approve 
or disapprove such plans submitted by a state. When existing designated 
facilities are located in a state, the state must then develop and 
submit a plan for the control of the designated pollutant. However, 40 
CFR 60.23(b) and 62.06 provide that if there are no existing sources of 
the designated pollutant in the state, the state may submit a letter of 
certification to that effect (i.e., negative declaration) in lieu of a 
plan. The negative declaration exempts the state from the requirements 
of subpart B that require the submittal of a CAA section 111(d)/129 
plan.
    EPA promulgated OSWI NSPS and EG on December 16, 2005, codified at 
40 CFR part 60, subparts EEEE and FFFF, respectively (70 FR 74870). 
Thus, states were required to submit plans for existing OSWI units 
pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60, 
subpart B. The designated facilities to which the OSWI EG apply are 
existing OSWI units that commenced construction on or before December 
9, 2004, and were not modified or reconstructed on or after June 16, 
2006, as specified in 40 CFR 60.2991 and 60.2992, with limited 
exceptions as provided under 40 CFR 60.2993.
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the New Mexico Environment Department (NMED), and the City of 
Albuquerque Environmental Health Department (AEHD) submitted negative 
declarations for OSWI units for their individual air pollution control 
jurisdictions. The submittal of these negative declarations exempts New 
Mexico and Albuquerque-Bernalillo County from the requirement to submit 
a state plan for OSWI units under 40 CFR part 60, subpart FFFF.
    The NMED and AEHD each determined that there are no existing OSWI 
units subject to CAA sections 111(d) and 129 requirements in their 
individual air pollution control jurisdictions in New Mexico. NMED and 
AEHD submitted OSWI negative declaration letters to the EPA on October 
11, 2007, and December 13, 2006, respectively. Copies of the negative 
declaration letters can be found in the docket for this rulemaking. EPA 
is notifying the public that these negative declarations fulfill NMED's 
and AEHD's obligations under CAA sections 111(d) and 129.

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II. Final Action

    In this final action, the EPA is amending 40 CFR part 62, subpart 
GG, to reflect receipt of the negative declaration letters from NMED 
and AEHD. These letters certify that there are no existing OSWI units 
subject to 40 CFR part 60, subpart FFFF, in New Mexico and Albuquerque-
Bernalillo County in accordance with 40 CFR 60.5010, 40 CFR 62.06, and 
sections 111(d) and 129 of the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to amend 40 CFR part 62, subpart GG, to reference 
the negative declaration letters if relevant adverse comments are 
received. This rule will be effective on April 14, 2020 without further 
notice unless we receive relevant adverse comment by February 14, 2020. 
If we receive relevant adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive relevant 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d)/129 submission that complies with the provisions of the 
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 
7429; 40 CFR part 60, subparts B and FFFF; and 40 CFR part 62, subpart 
A. With regard to negative declarations for designated facilities 
received by the EPA from states, the EPA's role is to notify the public 
of the receipt of such negative declarations and revise 40 CFR part 62 
accordingly. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    This rule also does not have Tribal implications because it will 
not have a substantial direct effect on one or more Indian Tribes, on 
the relationship between the Federal Government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).
    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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 16, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: December 23, 2019.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 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.

Subpart GG--New Mexico

0
2. Add an undesignated center heading and Sec.  62.7894 to read as 
follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.7894  Identification of plan--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated October 11, 2007, and 
December 13, 2006, respectively, certifying that there are no existing 
other solid waste incineration (OSWI) units subject to 40 CFR part 60, 
subpart FFFF, under their jurisdictions in the State of New Mexico.

[FR Doc. 2020-00288 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P