Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Delaware, District of Columbia, and West Virginia; Control of Emissions From Existing Sewage Sludge Incinerator Units, 39334-39336 [2014-16034]
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39334
Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2013–0475; FRL–9913–32–
Region 3]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Delaware,
District of Columbia, and West
Virginia; Control of Emissions From
Existing Sewage Sludge Incinerator
Units
The Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to approve the Clean Air Act
(CAA) negative declarations for the
State of Delaware, the District of
Columbia, and the State of West
Virginia for existing sewage sludge
incinerator (SSI) units. These negative
declarations certify that SSI units
subject to the requirements of sections
111(d) and 129 of the CAA do not exist
within the jurisdictional boundaries of
the Delaware Department of Natural
Resources and Environmental Control
(DNREC), the District Department of the
Environment (DDOE), and the West
Virginia Department of Environmental
Protection (WVDEP). EPA is accepting
the negative declarations in accordance
with the requirements of the CAA.
DATES: This rule is effective on
September 8, 2014 without further
notice, unless EPA receives adverse
written comment by August 11, 2014. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0475 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: rehn.brian@epa.gov.
C. Mail: EPA–R03–OAR–2013–0475,
Brian Rehn, Acting Associate Director,
Office of Permits and Air Toxics,
Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0475. 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.
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 during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the submittals are available at
the Delaware Department of Natural
Resources and Environmental Control,
89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903, the District of
Columbia Department of the
Environment, Air Quality Division,
1200 1st Street NE., Fifth Floor,
Washington, DC 20002, and the West
Virginia Department of Environmental
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Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA’s statutory authority for the
regulation of new and existing solid
waste incineration units is outlined in
CAA sections 129 and 111. Section 129
of the CAA is specific to solid waste
combustion, and requires EPA to
establish performance standards for
each category of solid waste
incineration units. These standards
include new source performance
standards (NSPS), applicable to new
units, and emissions guidelines for
existing units. Under CAA section 129,
an NSPS or emissions guideline must
contain numerical emissions limitations
for particulate matter, opacity (as
appropriate), sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon
monoxide, lead, cadmium, mercury, and
dioxins and dibenzofurans. While the
NSPS is directly applicable to affected
facilities, the emissions guidelines for
existing units are intended for states to
use in order to develop a state plan to
submit to EPA. Once approved by EPA,
the state plan becomes federally
enforceable. If a State does not submit
an approvable state plan to EPA, EPA is
responsible for enforcing and
implementing a federal plan.
While section 129 of the CAA is
specific to the combustion of solid
waste, it also relies on CAA section 111
in promulgating the NSPS and
emissions guidelines. Section 111 of the
CAA gives EPA the statutory authority
to promulgate an NSPS and/or
emissions guideline for certain
categories of stationary sources, and
describes the procedural requirements
for the development and
implementation of these standards.
More specifically, CAA section 111(d)
requires EPA to establish procedures for
States to submit a state plan to EPA for
the regulation of existing sources
whenever emissions guidelines are
promulgated. The general provisions for
the submittal and approval of state
plans are codified in 40 CFR part 60,
subpart B and 40 CFR part 62, subpart
A.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA sections
111(d) and 129. If a State does not have
any existing solid waste incineration
units for the relevant emissions
guidelines, 40 CFR 60.23(b) and 62.06
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Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations
provide that a letter may be submitted
certifying that no such units exist
within the State (i.e., negative
declaration) in lieu of a state plan. The
negative declaration exempts the State
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d)/129 plan.
On March 21, 2011 (76 FR 15372),
EPA promulgated new source
performance standards, 40 CFR part 60,
subpart LLLL, and emission guidelines,
subpart MMMM, for new and existing
SSI units, respectively. Existing SSI
units are units that commenced
construction on or before October 14,
2010. The DNREC, DDOE, and WVDEP
have each determined that there are no
existing SSI units subject to CAA
sections 111(d) and 129 requirements in
their individual air pollution control
jurisdictions. In order to fulfill
obligations under CAA sections 111(d)
and 129, DNREC, DDOE, and WVDEP
submitted negative declaration letters to
EPA on February 7, 2012, July 26, 2012,
and August 27, 2012, respectively. The
submittal of these declarations exempts
DNREC, DDOE, and WVDEP from the
requirement to submit a state plan for
existing SSI units.
II. Final EPA Action
tkelley on DSK3SPTVN1PROD with RULES
In this direct final action, EPA is
amending part 62 to reflect receipt of
the negative declaration letters from
DNREC, DDOE, and WVDEP. EPA is
publishing this rule without prior
proposal because EPA views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, EPA is
publishing a separate document that
will serve as the proposal to approve the
negative declarations if adverse
comments are filed. This rule will be
effective on September 8, 2014 without
further notice unless EPA receives
adverse comment by August 11, 2014. If
EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
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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 notifies
the public of EPA receipt of negative
declarations from air pollution control
agencies without any existing SSI units
in their jurisdiction. This action
imposes no requirements. Accordingly,
EPA certifies that this 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 action
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 (Pub. L. 104–4).
This action also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not 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). This action merely
approves negative declarations for
existing SSI units from DNREC, DDOE,
and WVDEP and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This action also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
With regard to negative declarations
for existing solid waste incineration
facilities received by EPA from states,
EPA’s role is to notify the public of the
receipt of such negative declarations
and revise 40 CFR part 62 accordingly.
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 approve or
disapprove a CAA section 111(d)/129
plan negative declaration submission for
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39335
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a CAA section
111(d)/129 negative declaration, to use
VCS in place of a section 111(d)/129
negative declaration that otherwise
satisfies the provisions of the Clean Air
Act. 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. This
action does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 8, 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 this 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
approving negative declarations for SSI
units from DNREC, DDOE, and WVDEP
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations
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.
Dated: June 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
Emissions From Existing Sewage Sludge
Incineration Units
§ 62.12170 Identification of plan—negative
declaration.
Letter from the West Virginia
Department of Environmental
Protection, submitted to EPA on August
27, 2012, certifying that there are no
known existing sewage sludge
incineration units in the State of West
Virginia.
[FR Doc. 2014–16034 Filed 7–9–14; 8:45 am]
BILLING CODE 6560–50–P
40 CFR part 62 is amended as follows:
FEDERAL COMMUNICATIONS
COMMISSION
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
47 CFR Parts 27 and 90
[WT Docket No. 96–86; FCC 13–40]
1. The authority citation for part 62
continues to read as follows:
■
The Development of Operational,
Technical and Spectrum Requirements
for Meeting Federal, State and Local
Public Safety Communications
Requirements Through the Year 2010
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. Subpart I is amended by adding
after § 62.1990 an undesignated center
heading and § 62.1995 to read as
follows:
■
Emissions From Existing Sewage Sludge
Incineration Units
§ 62.1995 Identification of plan—negative
declaration.
Letter from the Delaware Department
of Natural Resources and Environmental
Control, submitted to EPA on February
7, 2012, certifying that there are no
known existing sewage sludge
incineration units in the State of
Delaware.
Subpart J—District of Columbia
3. Subpart J is amended by adding
after § 62.2155 an undesignated center
heading and § 62.2160 to read as
follows:
■
Emissions From Existing Sewage Sludge
Incineration Units
§ 62.2160 Identification of plan—negative
declaration.
tkelley on DSK3SPTVN1PROD with RULES
Letter from the District Department of
the Environment, submitted to EPA on
July 26, 2012, certifying that there are
no known existing sewage sludge
incineration units in the District of
Columbia.
Subpart XX—West Virginia
4. Subpart XX is amended by adding
after § 62.12165 an undesignated center
heading and § 62.12170 to read as
follows:
■
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Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document adopts minor
changes to the rules governing the 700
MHz public safety narrowband
spectrum (769–775/799–805 MHz). The
rule changes eliminate or update
outdated technical requirements and
offer public safety licensees additional
flexibility to operate their 700 MHz
narrowband land mobile radio systems.
This document also adopts a
corresponding change to the emission
limits of commercial transmitters
operating in the Guard Band B Block
spectrum (775–776/805–806 MHz) and
addresses recommendations from the
National Coordination Committee (NCC)
for changes to the 700 MHz narrowband
rules.
DATES: Effective August 11, 2014. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of August 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, (202) 418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Seventh
Report and Order in WT Docket No. 96–
86, FCC 13–40, released on April 1,
2013. The document is available for
download at https://fjallfoss.fcc.gov/
edocs_public/. The complete text of this
document is also available for
inspection and copying during normal
PO 00000
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Fmt 4700
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business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to FCC504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
1. In 1998, the Commission
established the initial band plan and
service rules for the 24 megahertz of
public safety spectrum in the 700 MHz
band, which it reallocated from TV
channels 60–69 in accordance with the
mandate expressed in the Balanced
Budget Act of 1997, 63 FR 58645,
November 2, 1998. The Commission
also divided the 24 megahertz of
spectrum into narrowband (6.25
kilohertz channel) and wideband (50
kilohertz channel) segments.
2. In 2005, the Commission adopted
the Sixth Report and Order in WT
Docket No. 96–86 which revised the
Commission’s rules regarding adjacent
channel power (ACP) emission limits
for the 700 MHz public safety band, 70
FR 21663, April 27, 2005. In the
accompanying Seventh Notice of
Proposed Rule Making (Seventh NPRM),
the Commission sought comment and
issued tentative conclusions regarding
proposals filed by TIA–PRS, Access
Spectrum, Nortel/EADS and the NCC to
revise various rules governing the 700
MHz public safety narrowband
spectrum, including additional
proposed revisions to the ACP rules.
3. In 2007, the Commission adopted
the 700 MHz Second Report and Order
in PS Docket No. 06–229, which revised
the band plan and service rules
governing both the commercial and
public safety portions of the 700 MHz
band, 72 FR 48814, August 24, 2007.
Among other things, the Commission
redesignated 10 megahertz of public
safety 700 MHz spectrum (at 763–768/
793–798 MHz) for broadband use and
established a plan for development of a
nationwide, interoperable broadband
public safety communications network.
In order to accommodate the new public
safety broadband allocation, the
Commission eliminated the public
safety 50 kilohertz wideband channels
and consolidated the public safety 6.25
kilohertz narrowband channels into
their current locations at 769–775 and
799–805 MHz.
4. In the Seventh Report and Order,
the Commission resolves the proposals
considered in the Seventh NPRM that
affect the consolidated 700 MHz
narrowband channels (6.25 kilohertz).
The Commission does not address
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]]>Agencies
[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Rules and Regulations]
[Pages 39334-39336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16034]
[[Page 39334]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2013-0475; FRL-9913-32-Region 3]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Delaware, District of Columbia,
and West Virginia; Control of Emissions From Existing Sewage Sludge
Incinerator Units
AGENCY: The Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the Clean Air Act (CAA) negative declarations
for the State of Delaware, the District of Columbia, and the State of
West Virginia for existing sewage sludge incinerator (SSI) units. These
negative declarations certify that SSI units subject to the
requirements of sections 111(d) and 129 of the CAA do not exist within
the jurisdictional boundaries of the Delaware Department of Natural
Resources and Environmental Control (DNREC), the District Department of
the Environment (DDOE), and the West Virginia Department of
Environmental Protection (WVDEP). EPA is accepting the negative
declarations in accordance with the requirements of the CAA.
DATES: This rule is effective on September 8, 2014 without further
notice, unless EPA receives adverse written comment by August 11, 2014.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0475 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: rehn.brian@epa.gov.
C. Mail: EPA-R03-OAR-2013-0475, Brian Rehn, Acting Associate
Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0475. 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.
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 during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the submittals are
available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903, the District of Columbia Department of the Environment, Air
Quality Division, 1200 1st Street NE., Fifth Floor, Washington, DC
20002, and the West Virginia Department of Environmental Protection,
Division of Air Quality, 601 57th Street SE., Charleston, West Virginia
25304.
FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA's statutory authority for the regulation of new and existing
solid waste incineration units is outlined in CAA sections 129 and 111.
Section 129 of the CAA is specific to solid waste combustion, and
requires EPA to establish performance standards for each category of
solid waste incineration units. These standards include new source
performance standards (NSPS), applicable to new units, and emissions
guidelines for existing units. Under CAA section 129, an NSPS or
emissions guideline must contain numerical emissions limitations for
particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury,
and dioxins and dibenzofurans. While the NSPS is directly applicable to
affected facilities, the emissions guidelines for existing units are
intended for states to use in order to develop a state plan to submit
to EPA. Once approved by EPA, the state plan becomes federally
enforceable. If a State does not submit an approvable state plan to
EPA, EPA is responsible for enforcing and implementing a federal plan.
While section 129 of the CAA is specific to the combustion of solid
waste, it also relies on CAA section 111 in promulgating the NSPS and
emissions guidelines. Section 111 of the CAA gives EPA the statutory
authority to promulgate an NSPS and/or emissions guideline for certain
categories of stationary sources, and describes the procedural
requirements for the development and implementation of these standards.
More specifically, CAA section 111(d) requires EPA to establish
procedures for States to submit a state plan to EPA for the regulation
of existing sources whenever emissions guidelines are promulgated. The
general provisions for the submittal and approval of state plans are
codified in 40 CFR part 60, subpart B and 40 CFR part 62, subpart A.
States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d) and 129. If a State
does not have any existing solid waste incineration units for the
relevant emissions guidelines, 40 CFR 60.23(b) and 62.06
[[Page 39335]]
provide that a letter may be submitted certifying that no such units
exist within the State (i.e., negative declaration) in lieu of a state
plan. The negative declaration exempts the State from the requirements
of subpart B that would otherwise require the submittal of a CAA
section 111(d)/129 plan.
On March 21, 2011 (76 FR 15372), EPA promulgated new source
performance standards, 40 CFR part 60, subpart LLLL, and emission
guidelines, subpart MMMM, for new and existing SSI units, respectively.
Existing SSI units are units that commenced construction on or before
October 14, 2010. The DNREC, DDOE, and WVDEP have each determined that
there are no existing SSI units subject to CAA sections 111(d) and 129
requirements in their individual air pollution control jurisdictions.
In order to fulfill obligations under CAA sections 111(d) and 129,
DNREC, DDOE, and WVDEP submitted negative declaration letters to EPA on
February 7, 2012, July 26, 2012, and August 27, 2012, respectively. The
submittal of these declarations exempts DNREC, DDOE, and WVDEP from the
requirement to submit a state plan for existing SSI units.
II. Final EPA Action
In this direct final action, EPA is amending part 62 to reflect
receipt of the negative declaration letters from DNREC, DDOE, and
WVDEP. EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the negative declarations if adverse comments are
filed. This rule will be effective on September 8, 2014 without further
notice unless EPA receives adverse comment by August 11, 2014. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 notifies the public of EPA receipt of negative declarations from
air pollution control agencies without any existing SSI units in their
jurisdiction. This action imposes no requirements. Accordingly, EPA
certifies that this 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 action 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 (Pub. L. 104-4). This action also does not have tribal
implications because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not 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).
This action merely approves negative declarations for existing SSI
units from DNREC, DDOE, and WVDEP and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This action also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
With regard to negative declarations for existing solid waste
incineration facilities received by EPA from states, EPA's role is to
notify the public of the receipt of such negative declarations and
revise 40 CFR part 62 accordingly. 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 approve or disapprove a CAA
section 111(d)/129 plan negative declaration submission for failure to
use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews a CAA section 111(d)/129 negative declaration, to use
VCS in place of a section 111(d)/129 negative declaration that
otherwise satisfies the provisions of the Clean Air Act. 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. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 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 this 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 approving negative declarations for SSI units
from DNREC, DDOE, and WVDEP may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 39336]]
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.
Dated: June 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
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 I--Delaware
0
2. Subpart I is amended by adding after Sec. 62.1990 an undesignated
center heading and Sec. 62.1995 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.1995 Identification of plan--negative declaration.
Letter from the Delaware Department of Natural Resources and
Environmental Control, submitted to EPA on February 7, 2012, certifying
that there are no known existing sewage sludge incineration units in
the State of Delaware.
Subpart J--District of Columbia
0
3. Subpart J is amended by adding after Sec. 62.2155 an undesignated
center heading and Sec. 62.2160 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.2160 Identification of plan--negative declaration.
Letter from the District Department of the Environment, submitted
to EPA on July 26, 2012, certifying that there are no known existing
sewage sludge incineration units in the District of Columbia.
Subpart XX--West Virginia
0
4. Subpart XX is amended by adding after Sec. 62.12165 an undesignated
center heading and Sec. 62.12170 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.12170 Identification of plan--negative declaration.
Letter from the West Virginia Department of Environmental
Protection, submitted to EPA on August 27, 2012, certifying that there
are no known existing sewage sludge incineration units in the State of
West Virginia.
[FR Doc. 2014-16034 Filed 7-9-14; 8:45 am]
BILLING CODE 6560-50-P
