Approval and Promulgation of State Plans for Designated Facilities; New York, 16271-16274 [2014-06579]

Download as PDF Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules Dated: February 27, 2014. H. Curtis Spalding, Regional Administrator, EPA New England. [FR Doc. 2014–06380 Filed 3–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R02–OAR–2014–0127, FRL–9908–45– Region–2] Approval and Promulgation of State Plans for Designated Facilities; New York Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the State plan submitted by New York State to implement and enforce the Emission Guidelines (EG) for existing sewage sludge incineration (SSI) units. The State plan is consistent with the EG promulgated by EPA on March 21, 2011. New York’s plan establishes emission limits and other requirements for the purpose of reducing toxic air emissions and other air pollutants from SSI units throughout the State. New York submitted its plan to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act. DATES: Written comments must be received on or before April 24, 2014. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R02–OAR–2014–0127 by one of the following methods: • www.regulations.gov. Follow the on-line instructions for submitting comments. • Email: mailto:Ruvo.Richard@ epa.gov • Mail: EPA–R02–OAR–2014–0127, Richard Ruvo, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007–1866. • Hand Delivery: Richard Ruvo, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007– 1866. 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 federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R02–OAR–2014– 0127. EPA’s policy is that all comments tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:23 Mar 24, 2014 Jkt 232001 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 information that you consider to be CBI or otherwise protected through www.regulations.gov or email. 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dpckets.htm. 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, 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 during normal business hours at the Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007–1866. EPA requests, if at all possible, that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella (Gardella.anthony@epa.gov), Air Programs Branch, 290 Broadway, 25th PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 16271 Floor, New York, New York 10007– 1866, (212) 637–3892. SUPPLEMENTARY INFORMATION: The following table of contents describes the format for the Supplementary Information section: I. EPA Action A. What action is EPA proposing today? B. Why is EPA taking this action? C. Who is affected by New York’s State plan? D. How does this approval affect sources located in Indian Nation Land? II. Background A. What is a State plan? B. What is an SSI State plan? C. Why is EPA requiring New York to submit an SSI State plan? D. What are the requirements for an SSI State plan? III. New York’s State Plan A. What is contained in the New York State plan? B. What approval criteria did we use to evaluate New York’s State plan? IV. What is EPA’s conclusion? V. Statutory and Executive Order Reviews I. EPA Action A. What action is EPA proposing today? EPA is proposing to approve New York’s State plan, submitted on July 1, 2013, for the control of air emissions from existing sewage sludge incinerator (SSI) units throughout the State, except for any existing SSI units located in Indian Nation Land. New York submitted its plan to fulfill the requirements of section 111(d) and 129 of the Clean Air Act (CAA). The State plan adopts and implements the Emission Guidelines (EG) applicable to existing SSI units, and establishes emission limits and other requirements for units constructed on or before October 14, 2010. This proposed approval, once finalized and effective, will make the New York SSI rules included in the State plan federally enforceable. B. Why is EPA taking this action? EPA has evaluated New York’s SSI State plan for consistency with the CAA, EPA guidelines and policy. EPA has determined that New York’s State plan meets all applicable requirements and therefore, EPA is proposing to approve New York’s State plan to implement and enforce the EG applicable to existing SSI units. C. Who is affected by New York’s State plan? New York’s State plan regulates all the units designated by the EG for existing SSI units which commenced construction on or before October 14, 2010 and which are located at a wastewater treatment facility designed E:\FR\FM\25MRP1.SGM 25MRP1 16272 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules to treat domestic sewage sludge. If the owner or operator of an SSI unit made changes after September 21, 2011, that meet the definition of modification (see Title 40, Code of Federal Regulations, section 60.5250 (40 CFR 60.5250)), the SSI unit becomes subject to subpart LLLL (New Source Performance Standards for New Sewage Sludge Incineration Units) of 40 CFR part 60, and the State plan no longer applies to that unit. D. How does this approval affect sources located in Indian Nation Land? New York’s State plan is not applicable to units located in Indian Nation Land. Therefore, if there are any existing SSI units located in Indian Nation Land these existing SSI units will be subject to the Federal plan. II. Background tkelley on DSK3SPTVN1PROD with PROPOSALS A. What is a State plan? Section 111 of the CAA, ‘‘Standards of Performance for New Stationary Sources,’’ authorizes EPA to set air emissions standards for certain categories of sources. These standards are called New Source Performance Standards (NSPS). When a NSPS is promulgated for new sources, section 111(d) also requires that EPA publish an EG applicable to control the same pollutants from existing (or designated) facilities. States with designated facilities must then develop a State plan to adopt the EG into the State’s body of regulations. States must also include in their State plan other requirements, such as inventories, legal authority, reporting and recordkeeping, and public participation documentation, to demonstrate their ability to enforce the State plans. Section 129 of the CAA requires EPA to establish performance standards and emission guidelines for various types of new and existing solid waste incineration units. Section 129(b)(2) requires States to submit to EPA for approval section 111(d)/129 plans that implement and enforce the promulgated EG. Section 129(b)(3) requires EPA to promulgate a Federal plan (FP) within two years from the date on which the EG, or when revision to the EG, is promulgated. The FP is applicable to affected facilities when the state has failed to receive EPA approval of the section 111(d)/129 plan. The FP remains in effect until the state submits and receives EPA approval of its section 111(d)/129 plan. State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant EG, in this instance 40 CFR part 60, subpart VerDate Mar<15>2010 16:23 Mar 24, 2014 Jkt 232001 MMMM, and the requirements of 40 CFR part 60, subpart B and part 62, subpart A. Section 129 of the CAA regulates air pollutants that include organics (dioxins/furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides, particulate matter, and opacity (as appropriate). B. What is an SSI State plan? An SSI State plan is a State plan, as described above, that controls air pollutant emissions from existing sewage sludge incinerators located at a wastewater treatment facility designed to treat domestic sewage sludge and that commenced construction on or before October 14, 2010. The applicable types of SSI units include fluidized bed and multiple hearth incinerators. C. Why is EPA requiring New York to submit an SSI State plan? When EPA developed the NSPS for SSI units, we simultaneously developed the EG to control air emissions from existing SSI units (see 76 FR 15371, March 21, 2011). Under section 129 of the CAA, the EG is not federally enforceable; therefore, section 129 of the CAA also requires states to submit to EPA for approval State plans that implement and enforce the EG. Under section 129 of the CAA, these State plans must be at least as protective as the EG, and they become federally enforceable upon approval by EPA. The procedures for adopting and submitting State plans are located in 40 CFR part 60, subpart B. If a state fails to have an approvable plan in place by March 21, 2013, the EPA is required to promulgate a federal plan to establish requirements for those sources not under an EPA-approved State plan. The procedures for EPA’s approval and disapproval of State plans are located in 40 CFR part 62, subpart A. EPA is proposing to approve New York’s State plan since it is deemed at least as protective as the standards set in the EG. New York has developed and submitted a State plan, as required by sections 111(d)/129 of the CAA, to gain federal approval to implement and enforce the EG for existing SSI units. D. What are the requirements for an SSI State plan? A section 111(d) State plan submittal must meet the requirements of 40 CFR part 60, subpart B, sections 60.23 through 60.26, and the EG found at 40 CFR part 60, subpart MMMM (see 76 FR 15371, March 21, 2011). Subpart B contains the procedures for the adoption and submittal of State plans. This subpart addresses public participation, PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 legal authority, emission standards and other emission limitations, compliance schedules, emission inventories, source surveillance, and compliance assurance and enforcement requirements. EPA promulgated the EG at 40 CFR part 60, subpart MMMM on March 21, 2011. Subpart MMMM contains guidelines to the states for submittal of plans that address existing SSI units. In addition, subpart MMMM contains the technical requirements for existing SSI units located at a wastewater treatment plant designed to treat domestic sewage sludge and applies to SSI units that commenced construction on or before October 14, 2010. A state can address the SSI technical requirements by adopting its own regulation that includes all the applicable requirements of subpart MMMM or by adopting by reference subpart MMMM. The section 111(d) State plan is required to be submitted within one year of the EG promulgation date, i.e. by March 21, 2012. Prior to submittal to EPA, the State must make available to the public the State plan and provide opportunity for public comment, including a public hearing. III. New York’s State Plan A. What is contained in the New York State plan? On July 1, 2013,1 the New York State Department of Environmental Conservation (NYSDEC) submitted its section 111(d) State plan for implementing EPA’s EG for existing SSI units located in New York State. New York has adopted by reference the applicable requirements of the EG in Part 200 of Title 6 of the New York Code of Rules and Regulations (6NYCRR) of the State of New York, entitled ‘‘General Provisions’’ and in Subpart 219–1 of 6NYCRR entitled ‘‘Incineration-General Provisions’’ and Subpart 219–9 of 6NYCRR entitled ‘‘Emission Guidelines and Compliance Schedules for Existing Sewage Sludge Incineration Units.’’ These amended regulations became effective on May 12, 2012. By incorporating the EG by reference into Part 200, NYSDEC has the authority to include them as applicable within Subpart 219–9, which addresses the applicability of the various Part 219 (New York’s incineration rules) requirements. Part 219 now includes the new requirements incorporated from the EG, as well as the necessary compliance schedules and necessary definition 1 In an email dated 02/28/14, New York responded to an EPA request to provide clarifying information concerning the State’s plan. This clarifying information also is available in EPA’s docket at www.regulations.gov. E:\FR\FM\25MRP1.SGM 25MRP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules changes required for the transformation of emission guidelines into a State plan. As a result, the Part 219 requirements are enforceable by New York and become federally enforceable once the State plan is approved by EPA. Section 60.5015 of the EG describes all of the required elements that must be included in a state’s plan for SSI units. New York’s State plan includes all of the required elements described in section 60.5015 of the EG, as summarized herein: (1) A demonstration of the State’s legal authority to implement the sections 111(d) and 129 State plan; (2) State rules adopted into 6NYCRR Parts 200 and 219 as the mechanism for implementing and enforcing the State plan; (3) An inventory of twelve known SSI facilities, including twenty-one SSI units, along with an inventory of their air pollutant emissions (see sections A and B of New York’s State plan as well as the clarifying information submitted by New York). Of these twenty-one SSI units, at least seven units, and possibly more, will have ceased operation by the March 21, 2016 compliance date. Also, the inventory includes an additional nine facilities with fifteen SSI units that have expired permits and that are no longer in operation—New York has indicated in its State plan that these facilities would be considered new facilities subject to 40 CFR part 60, subpart LLLL (Standards of Performance for New Stationary Sources) should they apply for a new air permit; (4) Emission limits, emission standards, operator training and qualification requirements, and operating limits that are at least as protective as the EG; (5) Enforceable compliance schedules incorporated into Subpart 219–9, part of New York’s incineration rule, as follows: either (a) a one year schedule whereby full compliance is achieved by twelve months after EPA’s approval of New York’s State plan or June 21, 2013, whichever is earlier, or (b) an extended schedule whereby full compliance is achieved by thirty-six months after EPA’s approval of New York’s State plan or March 21, 2016, whichever is earlier. (6) Testing, monitoring, reporting and recordkeeping requirements for the designated facilities; (7) Records of the public hearing on the State plan; and, (8) Provisions for annual state progress reports to EPA on implementation of the State plan. EPA proposes to determine that New York’s State plan for SSI units includes VerDate Mar<15>2010 16:23 Mar 24, 2014 Jkt 232001 all the required State plan elements described in section 60.5015 of the EG. B. What approval criteria did we use to evaluate New York’s State plan? EPA reviewed New York’s State plan for approval against the following criteria: 40 CFR 60.23 through 60.26, ‘‘Subpart B-Adoption and Submittal of State Plans for Designated Facilities;’’ and 40 CFR 60.5000 through 60.5250, ‘‘Subpart MMMM-Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units;’’ and 40 CFR 62, subpart A, ‘‘General Provisions’’ for ‘‘Approval and Promulgation of State Plans for Designated Facilities and Pollutants.’’ IV. What is EPA’s conclusion? The EPA has determined that New York’s State plan meets all the applicable approval criteria as discussed above and, therefore, EPA is proposing to approve New York State’s sections 111(d) and 129 State plan for existing sewage sludge incineration units. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, 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 merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule 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 rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). This proposed rule also does 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), nor will PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 16273 it 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), because it merely proposes to approve a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing NYSDEC’s submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a NYSDEC submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a NYSDEC submission, to use VCS in place of a NYSDEC submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the Attorney General’s ‘‘Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This proposed rule for the approval of NYSDEC’s section 111(d)/129 plan for SSI units does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Intergovernmental relations, Paper and paper products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfur acid plants, waste treatment and disposal. E:\FR\FM\25MRP1.SGM 25MRP1 16274 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules Date: March 12, 2014. Judith A. Enck, Regional Administrator, Region 2. FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, at 202–501–0650, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501– 4755. Please cite FAR Case 2014–006. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–06579 Filed 3–24–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 39 and 52 [FAR Case 2014–006; Docket No. 2014– 0006; Sequence No. 1] RIN 9000–AM72 Federal Acquisition Regulation; Year Format Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCIES: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to delete regulations relating to the year 2000 compliance. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addressees shown below on or before May 27, 2014 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR Case 2014–006 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2014–006’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2014– 006.’’ Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2014–006’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2014–006, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:31 Mar 24, 2014 Jkt 232001 harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. I. Background DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to delete obsolete coverage relating to the year 2000 compliance at FAR 39.002, 39.101(a), and 39.106. Also, the rule will make conforming changes to FAR 39.107 and the clause prescription at FAR 52.239– 1. The year 2000 coverage is no longer needed because all of the issues addressing the transition to year 2000 compliance language have been resolved. In 1997, an interim rule, FAR Case 96–607, was promulgated to address year 2000 compliance issues, (see 62 FR 273, January 2, 1997). FAR Case 96–607 was finalized on August 22, 1997 (62 FR 44830). Subsequently, Section 622 of the Omnibus Appropriations and Authorization Act for Fiscal Year 1999 (Pub. L. 105–277) provided that ‘‘None of the funds appropriated in this or any other Act shall be used to acquire information technologies which do not comply with FAR section 39.106 (Year 2000 compliance) of the Federal Acquisition Regulation, unless an agency’s Chief Information Officer determines that noncompliance with section 39.106 is necessary to the function and operation of the requesting agency or the acquisition is required by a signed contract with the agency in effect before the date of enactment of this Act. Any waiver granted by the Chief Information Officer shall be reported to the Office of Management and Budget, and copies shall be provided to Congress.’’ FAR Case 98– 306 was opened to incorporate this restriction in FAR part 39. The final FAR rule was published on June 17, 1999 (64 FR 32747) and has remained unchanged (See FAR 39.101). III. Regulatory Flexibility Act II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 DoD, GSA, and NASA do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this rule is proposing to delete obsolete language from the regulation. Nonetheless, an Initial Regulatory Flexibility Analysis has been performed and is summarized below: This rule amends the FAR to delete obsolete coverage relating to the year 2000 compliance at FAR 39.002, 39.101(a), and 39.106. Also, the rule will make conforming changes to FAR 39.107 and the clause prescription at FAR 52.239–1. The year 2000 coverage is no longer needed because all of the issues addressing the transition to year 2000 compliance language have been resolved. Based upon Federal Procurement Data System data, there were 9021 Information Technology contractors in fiscal year 2013, of which 6284 were small business. The impact on small business is expected to be positive since we are deleting an obsolete requirement. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DOD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (FAR Case 2014–006), in correspondence. IV. Paperwork Reduction Act The proposed rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 39 and 52 Government procurement. E:\FR\FM\25MRP1.SGM 25MRP1

Agencies

[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Proposed Rules]
[Pages 16271-16274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06579]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2014-0127, FRL-9908-45-Region-2]


Approval and Promulgation of State Plans for Designated 
Facilities; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State plan submitted by New York State to implement and 
enforce the Emission Guidelines (EG) for existing sewage sludge 
incineration (SSI) units. The State plan is consistent with the EG 
promulgated by EPA on March 21, 2011. New York's plan establishes 
emission limits and other requirements for the purpose of reducing 
toxic air emissions and other air pollutants from SSI units throughout 
the State. New York submitted its plan to fulfill the requirements of 
sections 111(d) and 129 of the Clean Air Act.

DATES: Written comments must be received on or before April 24, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2014-0127 by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: mailto:Ruvo.Richard@epa.gov
     Mail: EPA-R02-OAR-2014-0127, Richard Ruvo, Chief, Air 
Programs Branch, Environmental Protection Agency, Region 2 Office, 290 
Broadway, 25th Floor, New York, New York 10007-1866.
     Hand Delivery: Richard Ruvo, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. 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 federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2014-0127. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. 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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dpckets.htm.
    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, 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 during normal 
business hours at the Environmental Protection Agency, Region 2 Office, 
Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 
10007-1866. EPA requests, if at all possible, that you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella 
(Gardella.anthony@epa.gov), Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3892.

SUPPLEMENTARY INFORMATION: The following table of contents describes 
the format for the Supplementary Information section:

I. EPA Action
    A. What action is EPA proposing today?
    B. Why is EPA taking this action?
    C. Who is affected by New York's State plan?
    D. How does this approval affect sources located in Indian 
Nation Land?
II. Background
    A. What is a State plan?
    B. What is an SSI State plan?
    C. Why is EPA requiring New York to submit an SSI State plan?
    D. What are the requirements for an SSI State plan?
III. New York's State Plan
    A. What is contained in the New York State plan?
    B. What approval criteria did we use to evaluate New York's 
State plan?
IV. What is EPA's conclusion?
V. Statutory and Executive Order Reviews

I. EPA Action

A. What action is EPA proposing today?

    EPA is proposing to approve New York's State plan, submitted on 
July 1, 2013, for the control of air emissions from existing sewage 
sludge incinerator (SSI) units throughout the State, except for any 
existing SSI units located in Indian Nation Land. New York submitted 
its plan to fulfill the requirements of section 111(d) and 129 of the 
Clean Air Act (CAA). The State plan adopts and implements the Emission 
Guidelines (EG) applicable to existing SSI units, and establishes 
emission limits and other requirements for units constructed on or 
before October 14, 2010. This proposed approval, once finalized and 
effective, will make the New York SSI rules included in the State plan 
federally enforceable.

B. Why is EPA taking this action?

    EPA has evaluated New York's SSI State plan for consistency with 
the CAA, EPA guidelines and policy. EPA has determined that New York's 
State plan meets all applicable requirements and therefore, EPA is 
proposing to approve New York's State plan to implement and enforce the 
EG applicable to existing SSI units.

C. Who is affected by New York's State plan?

    New York's State plan regulates all the units designated by the EG 
for existing SSI units which commenced construction on or before 
October 14, 2010 and which are located at a wastewater treatment 
facility designed

[[Page 16272]]

to treat domestic sewage sludge. If the owner or operator of an SSI 
unit made changes after September 21, 2011, that meet the definition of 
modification (see Title 40, Code of Federal Regulations, section 
60.5250 (40 CFR 60.5250)), the SSI unit becomes subject to subpart LLLL 
(New Source Performance Standards for New Sewage Sludge Incineration 
Units) of 40 CFR part 60, and the State plan no longer applies to that 
unit.

D. How does this approval affect sources located in Indian Nation Land?

    New York's State plan is not applicable to units located in Indian 
Nation Land. Therefore, if there are any existing SSI units located in 
Indian Nation Land these existing SSI units will be subject to the 
Federal plan.

II. Background

A. What is a State plan?

    Section 111 of the CAA, ``Standards of Performance for New 
Stationary Sources,'' authorizes EPA to set air emissions standards for 
certain categories of sources. These standards are called New Source 
Performance Standards (NSPS). When a NSPS is promulgated for new 
sources, section 111(d) also requires that EPA publish an EG applicable 
to control the same pollutants from existing (or designated) 
facilities. States with designated facilities must then develop a State 
plan to adopt the EG into the State's body of regulations. States must 
also include in their State plan other requirements, such as 
inventories, legal authority, reporting and recordkeeping, and public 
participation documentation, to demonstrate their ability to enforce 
the State plans.
    Section 129 of the CAA requires EPA to establish performance 
standards and emission guidelines for various types of new and existing 
solid waste incineration units. Section 129(b)(2) requires States to 
submit to EPA for approval section 111(d)/129 plans that implement and 
enforce the promulgated EG. Section 129(b)(3) requires EPA to 
promulgate a Federal plan (FP) within two years from the date on which 
the EG, or when revision to the EG, is promulgated. The FP is 
applicable to affected facilities when the state has failed to receive 
EPA approval of the section 111(d)/129 plan. The FP remains in effect 
until the state submits and receives EPA approval of its section 
111(d)/129 plan.
    State plan submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant EG, in this instance 40 CFR part 60, 
subpart MMMM, and the requirements of 40 CFR part 60, subpart B and 
part 62, subpart A. Section 129 of the CAA regulates air pollutants 
that include organics (dioxins/furans), carbon monoxide, metals 
(cadmium, lead, and mercury), hydrogen chloride, sulfur dioxide, 
nitrogen oxides, particulate matter, and opacity (as appropriate).

B. What is an SSI State plan?

    An SSI State plan is a State plan, as described above, that 
controls air pollutant emissions from existing sewage sludge 
incinerators located at a wastewater treatment facility designed to 
treat domestic sewage sludge and that commenced construction on or 
before October 14, 2010. The applicable types of SSI units include 
fluidized bed and multiple hearth incinerators.

C. Why is EPA requiring New York to submit an SSI State plan?

    When EPA developed the NSPS for SSI units, we simultaneously 
developed the EG to control air emissions from existing SSI units (see 
76 FR 15371, March 21, 2011). Under section 129 of the CAA, the EG is 
not federally enforceable; therefore, section 129 of the CAA also 
requires states to submit to EPA for approval State plans that 
implement and enforce the EG. Under section 129 of the CAA, these State 
plans must be at least as protective as the EG, and they become 
federally enforceable upon approval by EPA.
    The procedures for adopting and submitting State plans are located 
in 40 CFR part 60, subpart B. If a state fails to have an approvable 
plan in place by March 21, 2013, the EPA is required to promulgate a 
federal plan to establish requirements for those sources not under an 
EPA-approved State plan. The procedures for EPA's approval and 
disapproval of State plans are located in 40 CFR part 62, subpart A. 
EPA is proposing to approve New York's State plan since it is deemed at 
least as protective as the standards set in the EG. New York has 
developed and submitted a State plan, as required by sections 111(d)/
129 of the CAA, to gain federal approval to implement and enforce the 
EG for existing SSI units.

D. What are the requirements for an SSI State plan?

    A section 111(d) State plan submittal must meet the requirements of 
40 CFR part 60, subpart B, sections 60.23 through 60.26, and the EG 
found at 40 CFR part 60, subpart MMMM (see 76 FR 15371, March 21, 
2011). Subpart B contains the procedures for the adoption and submittal 
of State plans. This subpart addresses public participation, legal 
authority, emission standards and other emission limitations, 
compliance schedules, emission inventories, source surveillance, and 
compliance assurance and enforcement requirements.
    EPA promulgated the EG at 40 CFR part 60, subpart MMMM on March 21, 
2011. Subpart MMMM contains guidelines to the states for submittal of 
plans that address existing SSI units. In addition, subpart MMMM 
contains the technical requirements for existing SSI units located at a 
wastewater treatment plant designed to treat domestic sewage sludge and 
applies to SSI units that commenced construction on or before October 
14, 2010. A state can address the SSI technical requirements by 
adopting its own regulation that includes all the applicable 
requirements of subpart MMMM or by adopting by reference subpart MMMM. 
The section 111(d) State plan is required to be submitted within one 
year of the EG promulgation date, i.e. by March 21, 2012. Prior to 
submittal to EPA, the State must make available to the public the State 
plan and provide opportunity for public comment, including a public 
hearing.

III. New York's State Plan

A. What is contained in the New York State plan?

    On July 1, 2013,\1\ the New York State Department of Environmental 
Conservation (NYSDEC) submitted its section 111(d) State plan for 
implementing EPA's EG for existing SSI units located in New York State.
---------------------------------------------------------------------------

    \1\ In an email dated 02/28/14, New York responded to an EPA 
request to provide clarifying information concerning the State's 
plan. This clarifying information also is available in EPA's docket 
at www.regulations.gov.
---------------------------------------------------------------------------

    New York has adopted by reference the applicable requirements of 
the EG in Part 200 of Title 6 of the New York Code of Rules and 
Regulations (6NYCRR) of the State of New York, entitled ``General 
Provisions'' and in Subpart 219-1 of 6NYCRR entitled ``Incineration-
General Provisions'' and Subpart 219-9 of 6NYCRR entitled ``Emission 
Guidelines and Compliance Schedules for Existing Sewage Sludge 
Incineration Units.'' These amended regulations became effective on May 
12, 2012. By incorporating the EG by reference into Part 200, NYSDEC 
has the authority to include them as applicable within Subpart 219-9, 
which addresses the applicability of the various Part 219 (New York's 
incineration rules) requirements. Part 219 now includes the new 
requirements incorporated from the EG, as well as the necessary 
compliance schedules and necessary definition

[[Page 16273]]

changes required for the transformation of emission guidelines into a 
State plan. As a result, the Part 219 requirements are enforceable by 
New York and become federally enforceable once the State plan is 
approved by EPA.
    Section 60.5015 of the EG describes all of the required elements 
that must be included in a state's plan for SSI units. New York's State 
plan includes all of the required elements described in section 60.5015 
of the EG, as summarized herein:
    (1) A demonstration of the State's legal authority to implement the 
sections 111(d) and 129 State plan;
    (2) State rules adopted into 6NYCRR Parts 200 and 219 as the 
mechanism for implementing and enforcing the State plan;
    (3) An inventory of twelve known SSI facilities, including twenty-
one SSI units, along with an inventory of their air pollutant emissions 
(see sections A and B of New York's State plan as well as the 
clarifying information submitted by New York). Of these twenty-one SSI 
units, at least seven units, and possibly more, will have ceased 
operation by the March 21, 2016 compliance date. Also, the inventory 
includes an additional nine facilities with fifteen SSI units that have 
expired permits and that are no longer in operation--New York has 
indicated in its State plan that these facilities would be considered 
new facilities subject to 40 CFR part 60, subpart LLLL (Standards of 
Performance for New Stationary Sources) should they apply for a new air 
permit;
    (4) Emission limits, emission standards, operator training and 
qualification requirements, and operating limits that are at least as 
protective as the EG;
    (5) Enforceable compliance schedules incorporated into Subpart 219-
9, part of New York's incineration rule, as follows: either (a) a one 
year schedule whereby full compliance is achieved by twelve months 
after EPA's approval of New York's State plan or June 21, 2013, 
whichever is earlier, or (b) an extended schedule whereby full 
compliance is achieved by thirty-six months after EPA's approval of New 
York's State plan or March 21, 2016, whichever is earlier.
    (6) Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    (7) Records of the public hearing on the State plan; and,
    (8) Provisions for annual state progress reports to EPA on 
implementation of the State plan.
    EPA proposes to determine that New York's State plan for SSI units 
includes all the required State plan elements described in section 
60.5015 of the EG.

B. What approval criteria did we use to evaluate New York's State plan?

    EPA reviewed New York's State plan for approval against the 
following criteria: 40 CFR 60.23 through 60.26, ``Subpart B-Adoption 
and Submittal of State Plans for Designated Facilities;'' and 40 CFR 
60.5000 through 60.5250, ``Subpart MMMM-Emission Guidelines and 
Compliance Times for Existing Sewage Sludge Incineration Units;'' and 
40 CFR 62, subpart A, ``General Provisions'' for ``Approval and 
Promulgation of State Plans for Designated Facilities and Pollutants.''

IV. What is EPA's conclusion?

    The EPA has determined that New York's State plan meets all the 
applicable approval criteria as discussed above and, therefore, EPA is 
proposing to approve New York State's sections 111(d) and 129 State 
plan for existing sewage sludge incineration units.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, 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 merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule 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 rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does 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), nor will it 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), because it 
merely proposes to approve a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This proposed rule 
also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it approves a state rule implementing a Federal 
standard.
    In reviewing NYSDEC's submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a NYSDEC submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a NYSDEC 
submission, to use VCS in place of a NYSDEC submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the Attorney 
General's ``Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed rule for the approval of NYSDEC's section 111(d)/129 plan 
for SSI units does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfur acid plants, waste treatment and disposal.


[[Page 16274]]


    Date: March 12, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014-06579 Filed 3-24-14; 8:45 am]
BILLING CODE 6560-50-P