[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42807-42808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14577]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0527; FRL-10011-14-Region 3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; State of Maryland; Control of 
Emissions From Existing Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the negative declaration submitted by the State of Maryland for 
Sewage Sludge Incineration (SSI) units. This negative declaration 
submitted by the Maryland Department of the Environment (MDE) 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 Maryland. 
This action is being taken under the CAA.

DATES: Written comments must be received on or before August 14, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0527 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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 the person 
identified in the FOR FURTHER INFORMATION CONTACT section. 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.

[[Page 42808]]


FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5795. Mr. Willson can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The 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 Code of 
Federal Regulations (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 (76 FR 15372), EPA finalized emission guidelines 
for SSI units at 40 CFR part 60, subpart MMMM. Following the 2011 final 
rule, MDE determined that there was one SSI facility in Maryland that 
met the applicability criteria for the Federal plan. On January 20, 
2017, MDE submitted a letter to EPA requesting full delegation of 
authority to implement the SSI Federal plan. However, that facility has 
now permanently shut down and has relinquished its title V Permit to 
operate. Accordingly, MDE sent a negative declaration for SSI units on 
April 3, 2020.
    For additional background information on MDE's negative 
declaration, see the documents that are available online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2019-0527. EPA is proposing 
to approve MDE's negative declaration submission made on April 3, 2020. 
This action applies to the state's regulatory requirements for existing 
facilities and not new sources.

II. Proposed Action

    In this proposed action, EPA proposes to amend 40 CFR part 62 to 
reflect receipt of the negative declaration letter from MDE 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. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

III. Statutory and Executive Order Reviews

    EPA's role with regard to negative declarations for designated 
facilities received by EPA from states is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. This action merely proposes to approve the state's 
negative declaration as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed 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 SIP approvals are exempted 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 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).
    In addition, this proposed rule, regarding the negative declaration 
of SSI units in Maryland, does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because this action is not approved to apply in Indian country located 
in the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Sewage sludge incineration units.

    Dated: June 25, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-14577 Filed 7-14-20; 8:45 am]
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