[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8699-8700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02617]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0527; FRL-10018-21-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
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. EPA is 
approving this certification in accordance with the requirements of the 
CAA.

DATES: This final rule is effective on March 11, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0527. 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, e.g., 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 available through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 15, 2020 (85 FR 42807), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed 
approval of a negative declaration submitted by the State of Maryland 
for Sewage Sludge Incineration (SSI) units. This negative declaration 
submitted by MDE certifies that SSI units subject to sections 111(d) 
and 129 of the CAA do not exist within the jurisdiction of the State of 
Maryland. The negative declaration was submitted by MDE on January 20, 
2017.
    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.

II. Final Action

    In this action, EPA amends 40 CFR part 62 to reflect receipt of the 
negative declaration letter from MDE, received April 3, 2020, 
certifying that there are no existing SSI units subject to 40 CFR part 
60, subpart MMMM, in accordance with section 111(d) and 129 of the CAA. 
EPA is accepting the negative declaration in accordance with the

[[Page 8700]]

requirements of the CAA and 40 CFR 60.23(b) and 62.06.

III. Statutory and Executive Order Reviews

A. General Requirements

    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 approves 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 
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 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 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).

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 April 12, 2021. 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, approving a negative declaration submitted by MDE 
stating that there are no Sewage Sludge Incineration (SSI) units in the 
state of Maryland subject to sections 111(d) and 129 of the CAA, 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, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Sewage sludge 
incineration units.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA 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 V--Maryland

0
2. Add an undesignated center heading and Sec.  62.4690 to read as 
follows:

Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
111(d)/129 Federal Plan Delegations


Sec.  62.4690  Identification of plan--negative declaration.

    Letter from the State of Maryland, Department of the Environment, 
submitted April 3, 2020, certifying that there are no existing sewage 
sludge incineration units within the State of Maryland that are subject 
to 40 CFR part 60, subpart MMMM.

[FR Doc. 2021-02617 Filed 2-8-21; 8:45 am]
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