Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Connecticut, Maine, New Hampshire, and Vermont; Withdrawal of State Plan for Designated Facilities and Pollutants: New Hampshire; Technical Corrections to Approved State Plans (Negative Declarations): Rhode Island and Vermont, 16203-16206 [2014-06375]
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations
16203
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
Applicable geographic or nonattainment area
*
*
*
Letter of Intent PM 2.5 ReFranklin County, Logan UT–
duction, Franklin County
ID PM2.5 Nonattainment
Area.
Road Department to Department of Environmental
Quality (Voluntary Measure).
Road Sanding Agreement,
Franklin County, Logan UT–
Idaho Transportation DeID PM2.5 Nonattainment
partment to Idaho DepartArea.
ment of Environmental
Quality (Voluntary Measure).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2012–0707; A–1–FRL–
9908–37–Region 1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Connecticut, Maine, New Hampshire,
and Vermont; Withdrawal of State Plan
for Designated Facilities and
Pollutants: New Hampshire; Technical
Corrections to Approved State Plans
(Negative Declarations): Rhode Island
and Vermont
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving negative
declarations for hospital/medical/
infectious waste incinerators (HMIWI)
for the State of Connecticut and the
State of New Hampshire and negative
declarations for sewage sludge
incinerators (SSI) for the State of Maine
and the State of Vermont. EPA is also
approving the withdrawal of a
previously-approved State Plan for
HMIWI in the State of New Hampshire.
Lastly, EPA is making technical
corrections to Clean Air Act Sections
111(d) and 129 State Plan (Negative
Declaration) approvals for Other Solid
Waste Incinerators (OSWI) for the State
of Rhode Island and the State of
Vermont.
DATES: This direct final rule will be
effective May 27, 2014, unless EPA
receives adverse comments by April 24,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
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EPA approval date
*
12/19/12
*
3/25/14 [Insert page number
where the document begins].
12/19/12
3/25/14 [Insert page number
where the document begins].
Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0707 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0707’’,
Ida E. McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, &
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Ida E. McDonnell,
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Permits, Toxics, & Indoor Programs
Unit, 5 Post Office Square—Suite 100,
(Mail code OEP05–2), Boston, MA
02109–3912. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2012–
0707. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
ADDRESSES:
[FR Doc. 2014–06352 Filed 3–24–14; 8:45 am]
SUMMARY:
State submittal
date
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Comments
*
*
Fine Particulate Matter Control Measures; Franklin
County.
Fine Particulate Matter Control Measures; Franklin
County.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. 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 either
electronically in www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the state
submittal and EPA’s technical support
document are also available for public
inspection during normal business
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations
hours, by appointment at the Bureau of
Air Management, Department of Energy
and Environmental Protection, State
Office Building, 79 Elm Street, Hartford,
CT 06106–1630; Bureau of Air Quality
Control, Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017; Air Resources Division,
Department of Environmental Services,
6 Hazen Drive, P.O. Box 95, Concord,
NH 03302–0095; Office of Air
Resources, Department of
Environmental Management, 235
Promenade Street, Providence, RI
02908–5767; Vermont Department of
Environmental Conservation, Air
Pollution Control Division, One
National Life Drive, Davis (North)
Building 2nd Floor, Montpelier, VT
05620–3802).
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxics, &
Indoor Programs Unit, Air Programs
Branch, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
Region 1, 5 Post Office Square, Mail
Code: OEP05–2, Boston, MA 02109–
0287. The telephone number is (617)
918–1287. Mr. Bird can also be reached
via electronic mail at bird.patrick@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
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I. Background
II. Hospital/Medical/Infectious Waste
Incinerators
A. Connecticut
B. New Hampshire
III. Sewage Sludge Incinerators
A. Maine
B. Vermont
IV. Other Solid Waste Incinerators
A. Rhode Island
B. Vermont
V. Final Actions
VI. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean
Air Act (the Act) require submittal of
state plans to control certain pollutants
(designated pollutants) at existing solid
waste combustion facilities (designated
facilities) whenever standards of
performance have been established
under section 111(b) for new sources of
the same source category and EPA has
established emission guidelines for such
existing sources. If a state fails to submit
a satisfactory plan, the Act provides
EPA the authority to prescribe a plan for
regulating designated pollutants at
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designated facilities. The EPAprescribed plan, also known as a federal
plan, is generally delegated to states
with designated facilities but no EPAapproved state-specific plan. If no such
designated facilities exist within a
state’s jurisdiction, a state may submit a
negative declaration in lieu of a state
plan.
II. Hospital/Medical/Infectious Waste
Incinerators
New source performance standards
(NSPS) for new stationary source
hospital/medical/infectious waste
incinerators (HMIWI) and emission
guidelines (EG) for existing source
HMIWI were originally promulgated on
September 15, 1997 (62 FR 48348). The
rule underwent a number of revisions
and amendments throughout the 2000s
and was most recently finalized on
April 4, 2011 (76 FR 18407). EG for
existing HMIWI are applicable to units
for which construction commenced on
or before December 1, 2008 or for which
modification or reconstruction
commenced no later than April 6, 2010.
EG for existing HMIWI are codified at 40
CFR Part 60, Subpart Ce.
A. Connecticut
EPA inventoried one existing HMIWI
in the State of Connecticut; however the
unit, owned by Bristol-Myers Squibb
Company and located at their
Wallingford, CT facility, was rendered
inoperable in early September 2012. An
inspection conducted on September 24,
2012 by the Connecticut Department of
Energy & Environmental Protection (CT
DEEP) confirmed the HMIWI was
rendered inoperable, and therefore no
longer subject to HMIWI EG.
CT DEEP intended to request
delegation of the HMIWI federal plan.
With the closure of its only existing
HMIWI unit, CT DEEP submitted a
negative declaration on January 25, 2013
indicating no existing HMIWI operate
within the State of Connecticut.
B. New Hampshire
On August 8, 2011, the New
Hampshire Department of
Environmental Services (NH DES)
submitted a negative declaration
certifying no existing HMIWI operate
within the State of New Hampshire.
EPA published approval of a New
Hampshire State Plan for existing
HMIWI on February 8, 2000 (65 FR
6008), and the August 2011 negative
declaration could not be approved until
the State Plan was withdrawn by the
State. On September 9, 2011, NH DES
formally requested EPA to withdraw the
State Plan for existing HIMWI, citing the
closure of all HMIWI units in the State.
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EPA requested documentation of the
closure of certain HMIWI that operated
into the late 2000s. NH DES complied
with this request, and on October 9,
2012, submitted an updated negative
declaration. The October 2012 negative
declaration included supporting
documents which demonstrated the
units in question were permanently shut
down and rendered inoperable.
Furthermore, NH DES submitted
documents citing RSA 125–N–6, a state
regulation enacted by the General Court
of New Hampshire which prohibits the
reactivation of closed HMIWIs or the
construction of new HMIWIs.
III. Sewage Sludge Incinerators
NSPS for sewage sludge incinerators
(SSI) for which construction
commenced after October 14, 2010 or
modification or reconstruction
commenced after September 21, 2011
and EGs for existing SSI constructed on
or before October 14, 2010 were
promulgated by EPA on March 21, 2011
(76 FR 15372). The EG for existing SSI
are codified at 40 CFR Part 60, Subpart
MMMM.
A. Maine
Maine Department of Environmental
Protection (ME DEP) submitted a
negative declaration on July 20, 2012
certifying no existing SSI operate within
the State of Maine. ME DEP air and
water licensing staff confirmed the
absence of existing SSI within the
State’s jurisdiction prior to its submittal
of the negative declaration.
B. Vermont
Vermont Department of
Environmental Conservation submitted
a negative declaration on February 10,
2012 certifying no existing SSI operate
within the State of Vermont.
IV. Other Solid Waste Incinerators
NSPS for other solid waste
incinerators (OSWI) for which
construction commenced after
December 9, 2004 or modifications or
reconstruction commenced on or after
June 16, 2006 and EGs for existing
OSWI constructed on or before
December 9, 2004 were promulgated by
EPA on December 16, 2005 (70 FR
74870). The EG for existing OSWI are
codified at 40 CFR Part 60, Subpart
FFFF.
EPA became aware of two clerical
errors inadvertently codified under 40
CFR Part 62, Subpart OO (Rhode Island)
and UU (Vermont). The following
paragraphs explain the errors in greater
detail and discuss the corrective actions
EPA is making in today’s Federal
Register.
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations
A. Rhode Island
On April 6, 2007, EPA approved a
negative declaration in lieu of a state
plan for existing OSWI in the State of
Rhode Island (72 FR 17027). The
approved regulatory text at 40 CFR
62.9995 incorrectly states:
‘‘On November 8, 2006, the Rhode
Island Department of Environmental
Management submitted a letter
certifying that there are no existing
other solid waste incineration units in
the state subject to the emission
guidelines under part 60, subpart
EEEE of this chapter.’’
40 CFR Part 60, Subpart EEEE refers
to NSPS affecting new or modified
OSWI. 40 CFR 62.9995 must be
amended by removing reference to
Subpart EEEE and adding reference to
EG applicable to existing OSWI codified
at 40 CFR Part 60, Subpart FFFF.
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B. Vermont
On September 13, 2006, EPA
approved a negative declaration in lieu
of a state plan for existing OSWI in the
State of Vermont (71 FR 53972). The
approved regulatory text at 40 CFR
62.11490 incorrectly states:
‘‘On June 30, 2006, the Vermont
Department of Environmental
Conservation submitted a letter
certifying that there are no existing
other solid waste incineration units in
the state subject to the emission
guidelines under part 60, subpart
EEEE of this chapter.’’
40 CFR Part 60, Subpart EEEE refers
to NSPS affecting new or modified
OSWI. 40 CFR 62.11490 must be
amended by removing reference to
Subpart EEEE and adding reference to
EG applicable to existing OSWI codified
at 40 CFR Part 60, Subpart FFFF.
V. Final Actions
EPA is approving the negative
declarations for HMIWI for the State of
Connecticut and the State of New
Hampshire and negative declarations for
SSI for the State of Maine and the State
of Vermont. The negative declarations
satisfy the requirements of 40 CFR 62.06
and will serve in lieu of CAA section
111(d)/129 state plans for the specified
states and source categories.
EPA is approving the NH DES request
for withdrawal of the New Hampshire
HMIWI State Plan. NH DES has
successfully demonstrated that no
existing HMIWI operate within the
State. The negative declaration
submitted by NH DES for existing
HMIWI (also being approved in today’s
action) will serve in lieu of a state plan.
Lastly, EPA is approving technical
corrections to 40 CFR Part 62, Subpart
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OO (Rhode Island) and UU (Vermont).
This action corrects clerical errors made
during the approval of OSWI State Plans
(Negative Declarations) for the State of
Rhode Island and the State of Vermont.
EPA is publishing these actions
without prior proposal because the
Agency views these as noncontroversial
amendments and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the negative
declarations, State Plan withdrawal, and
technical corrections should relevant
adverse comments be filed. This rule
will be effective May 27, 2014 without
further notice unless the Agency
receives relevant adverse comments by
April 24, 2014.
If the EPA receives such comments,
then EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on May 27, 2014 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d)/129 plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations. 40 CFR 62.04. Thus,
in reviewing 111(d)/129 plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
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16205
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 Clean Air Act;
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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because this direct
final rulemaking 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.
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations
States Court of Appeals for the
appropriate circuit by May 27, 2014.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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.
Dated: February 27, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
40 CFR part 62 is amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
Air Emissions From Existing Sewage
Sludge Incineration Units
§ 62.4990 Identification of plan—negative
declaration.
On July 20, 2012, the State of Maine
Department of Environmental Protection
submitted a letter certifying no Sewage
Sludge Incineration units subject to 40
CFR part 60, subpart MMMM operate
within its jurisdiction.
44 CFR Part 12
[Amended]
4. Amend § 62.7325 by removing and
reserving paragraphs (b)(2) and (c)(2).
■ 5. Revise § 62.7450 to read as follows:
[Docket ID: FEMA–2014–0011]
§ 62.7450 Identification of plan—negative
declaration.
Removal of Federal Advisory
Committee Act Regulations
■
On August 2, 2011, September 9,
2011, and October 9, 2012 the State of
New Hampshire Department of
Environmental Services submitted
letters certifying no Hospital/Medical/
Infectious Waste Incineration units
subject to 40 CFR part 60, subpart Ce
operate within its jurisdiction.
Subpart OO—Rhode Island
■
6. Revise § 62.9995 to read as follows:
§ 62.9995 Identification of plan—negative
declaration.
On November 8, 2006, The State of
Rhode Island Department of
Environmental Management submitted a
letter certifying no Other Solid Waste
Incineration units subject to 40 CFR part
60, subpart FFFF operate within its
jurisdiction.
7. Revise § 62.11490 to read as
follows:
2. Add § 62.1725 and an undesignated
heading to subpart H to read as follows:
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incineration
Units
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§ 62.1725 Identification of plan—negative
declaration
On January 25, 2013, the State of
Connecticut Department of Energy and
Environmental Protection submitted a
letter certifying no Hospital/Medical/
Infectious Waste Incineration units
subject to 40 CFR part 60, subpart Ce
operate within its jurisdiction.
Subpart U—Maine
3. Add § 62.4990 and a new
undesignated center heading to subpart
U to read as follows:
■
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DEPARTMENT OF HOMELAND
SECURITY
§ 62.7325
■
■
BILLING CODE 6560–50–P
Federal Emergency Management
Agency
Subpart UU—Vermont
Subpart H—Connecticut
[FR Doc. 2014–06375 Filed 3–24–14; 8:45 am]
Subpart EE—New Hampshire
■
Authority: 42 U.S.C. 7401 et seq.
Incineration units subject to 40 CFR part
60, subpart MMMM operate within its
jurisdiction.
§ 62.11490 Identification of plan—negative
declaration.
On June 30, 2006, the State of
Vermont Department of Environmental
Conservation submitted a letter
certifying no Other Solid Waste
Incineration units subject to 40 CFR part
60, subpart FFFF operate within its
jurisdiction.
■ 8. Add § 62.11495 and an
undesignated center heading to subpart
UU to read as follows:
Air Emissions From Existing Sewage
Sludge Incinerators
§ 62.11495 Identification of plan—negative
declaration.
On February 10, 2012, the State of
Vermont Department of Environmental
Conservation submitted a letter
certifying no Sewage Sludge
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RIN 1660–AA82
Federal Emergency
Management Agency, DHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects the
RIN that published in the Federal
Register on March 13, 2014. This final
rule removes the regulations that
implement the Federal Advisory
Committee Act (FACA) for the Federal
Emergency Management Agency
(FEMA). FEMA’s implementation of
FACA is now governed by the rules
promulgated by the General Services
Administration (GSA) and by the
policies issued by the Department of
Homeland Security (DHS).
DATES: Effective Date: April 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Program Information: Demaris Belanger,
Group Federal Officer (GFO), Office of
the Chief Administrative Officer,
Mission Support Bureau, Federal
Emergency Management Agency, Room
706–A, 500 C Street SW., Washington
DC, 20472–3000, phone: 202–212–2182,
email: demaris.belanger@dhs.gov.
Legal Information: Michael Delman,
Attorney Advisor, Office of Chief
Counsel, Federal Emergency
Management Agency, 8NE, 500 C Street
SW., Washington, DC, 20472–3100,
phone: 202–646–2447, email:
michael.delman@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: In the
final rule, (79 FR 14180), beginning on
page 14180 in the Federal Register issue
of March 13, 2014, make the following
correction: on page 14180 in the 2nd
column in the RIN section, replace the
RIN to read ‘‘RIN 1660–AA82.’’
SUMMARY:
Dated: March 19, 2014.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2014–06529 Filed 3–24–14; 8:45 am]
BILLING CODE 9111–19–P
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[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Rules and Regulations]
[Pages 16203-16206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06375]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2012-0707; A-1-FRL-9908-37-Region 1]
Approval and Promulgation of State Plans (Negative Declarations)
for Designated Facilities and Pollutants: Connecticut, Maine, New
Hampshire, and Vermont; Withdrawal of State Plan for Designated
Facilities and Pollutants: New Hampshire; Technical Corrections to
Approved State Plans (Negative Declarations): Rhode Island and Vermont
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
negative declarations for hospital/medical/infectious waste
incinerators (HMIWI) for the State of Connecticut and the State of New
Hampshire and negative declarations for sewage sludge incinerators
(SSI) for the State of Maine and the State of Vermont. EPA is also
approving the withdrawal of a previously-approved State Plan for HMIWI
in the State of New Hampshire. Lastly, EPA is making technical
corrections to Clean Air Act Sections 111(d) and 129 State Plan
(Negative Declaration) approvals for Other Solid Waste Incinerators
(OSWI) for the State of Rhode Island and the State of Vermont.
DATES: This direct final rule will be effective May 27, 2014, unless
EPA receives adverse comments by April 24, 2014. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0707 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: mcdonnell.ida@epa.gov.
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0707'',
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, &
Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Ida E.
McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, &
Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0707. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
In addition, copies of the state submittal and EPA's technical
support document are also available for public inspection during normal
business
[[Page 16204]]
hours, by appointment at the Bureau of Air Management, Department of
Energy and Environmental Protection, State Office Building, 79 Elm
Street, Hartford, CT 06106-1630; Bureau of Air Quality Control,
Department of Environmental Protection, First Floor of the Tyson
Building, Augusta Mental Health Institute Complex, Augusta, ME 04333-
0017; Air Resources Division, Department of Environmental Services, 6
Hazen Drive, P.O. Box 95, Concord, NH 03302-0095; Office of Air
Resources, Department of Environmental Management, 235 Promenade
Street, Providence, RI 02908-5767; Vermont Department of Environmental
Conservation, Air Pollution Control Division, One National Life Drive,
Davis (North) Building 2nd Floor, Montpelier, VT 05620-3802).
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, &
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Mail Code: OEP05-2, Boston, MA 02109-0287. The telephone
number is (617) 918-1287. Mr. Bird can also be reached via electronic
mail at bird.patrick@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Hospital/Medical/Infectious Waste Incinerators
A. Connecticut
B. New Hampshire
III. Sewage Sludge Incinerators
A. Maine
B. Vermont
IV. Other Solid Waste Incinerators
A. Rhode Island
B. Vermont
V. Final Actions
VI. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean Air Act (the Act) require
submittal of state plans to control certain pollutants (designated
pollutants) at existing solid waste combustion facilities (designated
facilities) whenever standards of performance have been established
under section 111(b) for new sources of the same source category and
EPA has established emission guidelines for such existing sources. If a
state fails to submit a satisfactory plan, the Act provides EPA the
authority to prescribe a plan for regulating designated pollutants at
designated facilities. The EPA-prescribed plan, also known as a federal
plan, is generally delegated to states with designated facilities but
no EPA-approved state-specific plan. If no such designated facilities
exist within a state's jurisdiction, a state may submit a negative
declaration in lieu of a state plan.
II. Hospital/Medical/Infectious Waste Incinerators
New source performance standards (NSPS) for new stationary source
hospital/medical/infectious waste incinerators (HMIWI) and emission
guidelines (EG) for existing source HMIWI were originally promulgated
on September 15, 1997 (62 FR 48348). The rule underwent a number of
revisions and amendments throughout the 2000s and was most recently
finalized on April 4, 2011 (76 FR 18407). EG for existing HMIWI are
applicable to units for which construction commenced on or before
December 1, 2008 or for which modification or reconstruction commenced
no later than April 6, 2010. EG for existing HMIWI are codified at 40
CFR Part 60, Subpart Ce.
A. Connecticut
EPA inventoried one existing HMIWI in the State of Connecticut;
however the unit, owned by Bristol-Myers Squibb Company and located at
their Wallingford, CT facility, was rendered inoperable in early
September 2012. An inspection conducted on September 24, 2012 by the
Connecticut Department of Energy & Environmental Protection (CT DEEP)
confirmed the HMIWI was rendered inoperable, and therefore no longer
subject to HMIWI EG.
CT DEEP intended to request delegation of the HMIWI federal plan.
With the closure of its only existing HMIWI unit, CT DEEP submitted a
negative declaration on January 25, 2013 indicating no existing HMIWI
operate within the State of Connecticut.
B. New Hampshire
On August 8, 2011, the New Hampshire Department of Environmental
Services (NH DES) submitted a negative declaration certifying no
existing HMIWI operate within the State of New Hampshire. EPA published
approval of a New Hampshire State Plan for existing HMIWI on February
8, 2000 (65 FR 6008), and the August 2011 negative declaration could
not be approved until the State Plan was withdrawn by the State. On
September 9, 2011, NH DES formally requested EPA to withdraw the State
Plan for existing HIMWI, citing the closure of all HMIWI units in the
State. EPA requested documentation of the closure of certain HMIWI that
operated into the late 2000s. NH DES complied with this request, and on
October 9, 2012, submitted an updated negative declaration. The October
2012 negative declaration included supporting documents which
demonstrated the units in question were permanently shut down and
rendered inoperable. Furthermore, NH DES submitted documents citing RSA
125-N-6, a state regulation enacted by the General Court of New
Hampshire which prohibits the reactivation of closed HMIWIs or the
construction of new HMIWIs.
III. Sewage Sludge Incinerators
NSPS for sewage sludge incinerators (SSI) for which construction
commenced after October 14, 2010 or modification or reconstruction
commenced after September 21, 2011 and EGs for existing SSI constructed
on or before October 14, 2010 were promulgated by EPA on March 21, 2011
(76 FR 15372). The EG for existing SSI are codified at 40 CFR Part 60,
Subpart MMMM.
A. Maine
Maine Department of Environmental Protection (ME DEP) submitted a
negative declaration on July 20, 2012 certifying no existing SSI
operate within the State of Maine. ME DEP air and water licensing staff
confirmed the absence of existing SSI within the State's jurisdiction
prior to its submittal of the negative declaration.
B. Vermont
Vermont Department of Environmental Conservation submitted a
negative declaration on February 10, 2012 certifying no existing SSI
operate within the State of Vermont.
IV. Other Solid Waste Incinerators
NSPS for other solid waste incinerators (OSWI) for which
construction commenced after December 9, 2004 or modifications or
reconstruction commenced on or after June 16, 2006 and EGs for existing
OSWI constructed on or before December 9, 2004 were promulgated by EPA
on December 16, 2005 (70 FR 74870). The EG for existing OSWI are
codified at 40 CFR Part 60, Subpart FFFF.
EPA became aware of two clerical errors inadvertently codified
under 40 CFR Part 62, Subpart OO (Rhode Island) and UU (Vermont). The
following paragraphs explain the errors in greater detail and discuss
the corrective actions EPA is making in today's Federal Register.
[[Page 16205]]
A. Rhode Island
On April 6, 2007, EPA approved a negative declaration in lieu of a
state plan for existing OSWI in the State of Rhode Island (72 FR
17027). The approved regulatory text at 40 CFR 62.9995 incorrectly
states:
``On November 8, 2006, the Rhode Island Department of Environmental
Management submitted a letter certifying that there are no existing
other solid waste incineration units in the state subject to the
emission guidelines under part 60, subpart EEEE of this chapter.''
40 CFR Part 60, Subpart EEEE refers to NSPS affecting new or
modified OSWI. 40 CFR 62.9995 must be amended by removing reference to
Subpart EEEE and adding reference to EG applicable to existing OSWI
codified at 40 CFR Part 60, Subpart FFFF.
B. Vermont
On September 13, 2006, EPA approved a negative declaration in lieu
of a state plan for existing OSWI in the State of Vermont (71 FR
53972). The approved regulatory text at 40 CFR 62.11490 incorrectly
states:
``On June 30, 2006, the Vermont Department of Environmental
Conservation submitted a letter certifying that there are no existing
other solid waste incineration units in the state subject to the
emission guidelines under part 60, subpart EEEE of this chapter.''
40 CFR Part 60, Subpart EEEE refers to NSPS affecting new or
modified OSWI. 40 CFR 62.11490 must be amended by removing reference to
Subpart EEEE and adding reference to EG applicable to existing OSWI
codified at 40 CFR Part 60, Subpart FFFF.
V. Final Actions
EPA is approving the negative declarations for HMIWI for the State
of Connecticut and the State of New Hampshire and negative declarations
for SSI for the State of Maine and the State of Vermont. The negative
declarations satisfy the requirements of 40 CFR 62.06 and will serve in
lieu of CAA section 111(d)/129 state plans for the specified states and
source categories.
EPA is approving the NH DES request for withdrawal of the New
Hampshire HMIWI State Plan. NH DES has successfully demonstrated that
no existing HMIWI operate within the State. The negative declaration
submitted by NH DES for existing HMIWI (also being approved in today's
action) will serve in lieu of a state plan.
Lastly, EPA is approving technical corrections to 40 CFR Part 62,
Subpart OO (Rhode Island) and UU (Vermont). This action corrects
clerical errors made during the approval of OSWI State Plans (Negative
Declarations) for the State of Rhode Island and the State of Vermont.
EPA is publishing these actions without prior proposal because the
Agency views these as noncontroversial amendments and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the negative declarations,
State Plan withdrawal, and technical corrections should relevant
adverse comments be filed. This rule will be effective May 27, 2014
without further notice unless the Agency receives relevant adverse
comments by April 24, 2014.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on May 27, 2014 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing
111(d)/129 plan submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because this direct final rulemaking 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.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United
[[Page 16206]]
States Court of Appeals for the appropriate circuit by May 27, 2014.
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. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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.
Dated: February 27, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
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.
Subpart H--Connecticut
0
2. Add Sec. 62.1725 and an undesignated heading to subpart H to read
as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incineration Units
Sec. 62.1725 Identification of plan--negative declaration
On January 25, 2013, the State of Connecticut Department of Energy
and Environmental Protection submitted a letter certifying no Hospital/
Medical/Infectious Waste Incineration units subject to 40 CFR part 60,
subpart Ce operate within its jurisdiction.
Subpart U--Maine
0
3. Add Sec. 62.4990 and a new undesignated center heading to subpart U
to read as follows:
Air Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.4990 Identification of plan--negative declaration.
On July 20, 2012, the State of Maine Department of Environmental
Protection submitted a letter certifying no Sewage Sludge Incineration
units subject to 40 CFR part 60, subpart MMMM operate within its
jurisdiction.
Subpart EE--New Hampshire
Sec. 62.7325 [Amended]
0
4. Amend Sec. 62.7325 by removing and reserving paragraphs (b)(2) and
(c)(2).
0
5. Revise Sec. 62.7450 to read as follows:
Sec. 62.7450 Identification of plan--negative declaration.
On August 2, 2011, September 9, 2011, and October 9, 2012 the State
of New Hampshire Department of Environmental Services submitted letters
certifying no Hospital/Medical/Infectious Waste Incineration units
subject to 40 CFR part 60, subpart Ce operate within its jurisdiction.
Subpart OO--Rhode Island
0
6. Revise Sec. 62.9995 to read as follows:
Sec. 62.9995 Identification of plan--negative declaration.
On November 8, 2006, The State of Rhode Island Department of
Environmental Management submitted a letter certifying no Other Solid
Waste Incineration units subject to 40 CFR part 60, subpart FFFF
operate within its jurisdiction.
Subpart UU--Vermont
0
7. Revise Sec. 62.11490 to read as follows:
Sec. 62.11490 Identification of plan--negative declaration.
On June 30, 2006, the State of Vermont Department of Environmental
Conservation submitted a letter certifying no Other Solid Waste
Incineration units subject to 40 CFR part 60, subpart FFFF operate
within its jurisdiction.
0
8. Add Sec. 62.11495 and an undesignated center heading to subpart UU
to read as follows:
Air Emissions From Existing Sewage Sludge Incinerators
Sec. 62.11495 Identification of plan--negative declaration.
On February 10, 2012, the State of Vermont Department of
Environmental Conservation submitted a letter certifying no Sewage
Sludge Incineration units subject to 40 CFR part 60, subpart MMMM
operate within its jurisdiction.
[FR Doc. 2014-06375 Filed 3-24-14; 8:45 am]
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