Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Texas, Oklahoma, Arkansas, New Mexico, and the City of Albuquerque, New Mexico; Control of Emissions From Existing Sewage Sludge Incinerator Units, 24220-24222 [2015-10043]
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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
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raised in the petitions for
reconsideration of the final MATS rule
and the Utility NSPS.
On April 21, 2015, the Administrator,
Gina McCarthy, signed letters to
petitioners denying the remaining issues
in the petitions for reconsideration. The
EPA carefully reviewed the petitions
and evaluated each issue raised in the
petitions for reconsideration to
determine if they meet the CAA section
307(d)(7)(B) criteria for reconsideration.
The EPA denied the remaining issues in
the petitions for reconsideration because
they do not meet the criteria for
reconsideration and/or are moot as
explained in detail in the
Reconsideration Response Document.
That document articulates in detail the
rationale for the EPA’s final response to
each of the remaining issues in the
petitions for reconsideration received on
the final MATS rule and the Utility
NSPS.
As explained in the Reconsideration
Response Document, a significant
majority of the issues raised in the
petitions for reconsideration were or
could have been raised in comments on
the proposed MATS and Utility NSPS.
In addition, many of the parties that
filed petitions for reconsideration of the
final MATS and Utility NSPS also filed
petitions for review of the final rules in
the United States Court of Appeals for
the District of Columbia Circuit (Court
or D.C. Circuit). Many of the issues
raised in the petitions for
reconsideration were also raised in the
D.C. Circuit litigation, and other
reconsideration issues could have been
raised in that litigation. On April 15,
2014, the Court denied all petitions for
review of MATS and the Utility NSPS.
White Stallion Energy Center v. EPA,
784 F.3d 1222 (D.C. Cir. 2014); cert.
granted, State of Michigan v. EPA, No.
14–46 (and consolidated cases). As the
Court may only consider issues raised
during the period for public comment,
issues raised in the litigation and
addressed by the Court clearly do not
meet the criteria for reconsideration in
CAA section 307(d)(7)(B). Moreover,
parties may not use this final action
denying reconsideration as a basis to
litigate issues that could have been
raised in the initial litigation.
Dated: April 21, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015–10118 Filed 4–29–15; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R06–OAR–2013–0763; FRL–9927–00–
Region 6]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Texas, Oklahoma,
Arkansas, New Mexico, and the City of
Albuquerque, New Mexico; Control of
Emissions From Existing Sewage
Sludge Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve Clean Air Act (CAA)
section 111(d)/129 negative declarations
for the States of Texas, Oklahoma,
Arkansas, New Mexico, and the City of
Albuquerque, New Mexico, for existing
sewage sludge incinerator (SSI) units.
These negative declarations certify that
existing SSI units subject to the
requirements of sections 111(d) and 129
of the CAA do not exist within the
jurisdictions of Texas, Oklahoma,
Arkansas, and New Mexico (including
the City of Albuquerque). EPA is
accepting the negative declarations in
accordance with the requirements of the
CAA.
DATES: This rule is effective on June 29,
2015 without further notice, unless EPA
receives relevant adverse comment by
June 1, 2015. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2013–0763, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
• Email: Mr. Kenneth W. Boyce at
boyce.kenneth@epa.gov.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2013–0763.
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
SUMMARY:
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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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Boyce, (214) 665–7259, email
address boyce.kenneth@epa.gov. To
inspect the hard copy materials please
contact Mr. Boyce or Mr. Bill Deese at
(214) 665–6645.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’ ‘‘us’’
and ‘‘our’’ means the EPA.
Outline
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
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 and
other requirements applicable to
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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 developing,
implementing, and enforcing 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
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) for new SSI units, and
emission guidelines (40 CRF part 60,
subpart MMMM), for existing SSI units.
Existing SSI units are units that
commenced construction on or before
October 14, 2010. The Texas
Commission on Environmental Quality
(TCEQ), Oklahoma Department of
Environmental Quality (ODEQ),
Arkansas Department of Environmental
Quality (ADEQ), New Mexico
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14:33 Apr 29, 2015
Jkt 235001
Environment Department (NMED) and
the City of Albuquerque, New Mexico
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, TCEQ, ODEQ, ADEQ, NMED
and the City of Albuquerque, New
Mexico submitted negative declaration
letters to EPA on January 28, 2013,
November 14, 2011, May 21, 2012,
October 6, 2011 and September 12,
2011, respectively. The submittal of
these declarations exempts TCEQ,
ODEQ, ADEQ, NMED and the City of
Albuquerque, New Mexico from the
requirement to submit a state plan for
existing SSI units.
II. Final Action
In this Direct Final action, EPA is
amending part 62 to reflect receipt of
the negative declaration letters from the
TCEQ, ODEQ, ADEQ, NMED and the
City of Albuquerque, New Mexico,
certifying that there are no existing SSI
units subject to 40 CFR part 60, subpart
MMMM, in their respective
jurisdictions, in accordance with 40
CFR 60.5010, 40 CFR 62.06, and Section
111(d) of the CAA. If a designated
facility (i.e., existing SSI unit) is later
found within any noted jurisdiction
after publication of this Federal Register
action, then the overlooked facility will
become subject to the requirements of
the Federal plan for that designated
facility, including the compliance
schedule. The Federal plan will no
longer apply, if we subsequently receive
and approve the 111(d) plan from the
jurisdiction with the overlooked facility.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
negative declarations if relevant adverse
comments are received. This rule will
be effective on June 29, 2015 without
further notice unless we receive relevant
adverse comment by June 1, 2015. If we
receive relevant adverse comments, we
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
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24221
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 rule 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 a negative declaration for SSI
units, and does not alter the relationship
or the distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant.
With regard to negative declarations
for SSI units 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
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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
to disapprove a 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 111(d)/129 plan
negative declaration submission, to use
VCS in place of a 111(d)/129 plan
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. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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C. Petitions for Judicial Review
4. Subpart LL is amended by adding
an undesignated center heading and
§ 62.9121 to read as follows:
■
Emissions From Existing Sewage Sludge
Incinerator Units
40 CFR part 62 is amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
Authority: 42 U.S.C. 7401 et seq.
Subpart E—Arkansas
2. Subpart E is amended by adding an
undesignated center heading and
§ 62.856 to read as follows:
■
Emissions From Existing Sewage Sludge
Incinerator Units
§ 62.856 Identification of sources—
negative declaration.
Letter from the Arkansas Department
of Environmental Quality, dated May
21, 2012, certifying that there are no
known existing sewage sludge
incineration (SSI) units subject to 40
CFR part 60, subpart MMMM, within its
jurisdiction.
Letter from the Oklahoma Department
of Environmental Quality, dated
November 14, 2011, certifying that there
are no known existing sewage sludge
incineration (SSI) units subject to 40
CFR part 60, subpart MMMM, within its
jurisdiction.
Subpart SS—Texas
5. Subpart SS is amended by adding
an undesignated center heading and
§ 62.10912 to read as follows:
■
Emissions From Existing Sewage Sludge
Incinerator Units
§ 62.10912 Identification of sources—
negative declaration.
Letter from the Texas Commission on
Environmental Quality, dated January
28, 2013, certifying that there are no
existing sewage sludge incineration
(SSI) units subject to the requirements
of 40 CFR part 60, subpart MMMM,
within its jurisdiction.
[FR Doc. 2015–10043 Filed 4–29–15; 8:45 am]
BILLING CODE 6560–50–P
Subpart GG—New Mexico
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 June 29, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 a negative declaration for SSI
units may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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Subpart LL—Oklahoma
§ 62.9121 Identification of sources—
negative declaration.
■
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 rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
14:33 Apr 29, 2015
Dated: April 16, 2015.
Ron Curry,
Regional Administrator, Region 6.
1. The authority citation for part 62
continues to read as follows:
B. Submission to Congress and the
Comptroller General
VerDate Sep<11>2014
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
3. Subpart GG is amended by adding
an undesignated center heading and
§ 62.7892 to read as follows:
Centers for Medicare & Medicaid
Services
Emissions From Existing Sewage Sludge
Incinerator Units
42 CFR Parts 405 and 418
■
§ 62.7892
Identification of sources.
(a) Negative declaration for the State
of New Mexico excluding Bernalillo
County. Letter from the New Mexico
Environment Department, dated October
6, 2011, certifying that there are no
known existing sewage sludge
incineration (SSI) units subject to 40
CFR part 60, subpart MMMM, within its
jurisdiction, excluding Bernalillo
County, New Mexico.
(b) Negative declaration for Bernalillo
County. Letter from the City of
Albuquerque Air Pollution Control
Division, dated September 12, 2011,
certifying that there are no known
existing sewage sludge incineration
(SSI) units subject to 40 CFR part 60,
subpart MMMM, within the jurisdiction
of the City of Albuquerque and
Bernalillo County, New Mexico.
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[CMS–1609–CN]
RIN 0938–AS10
Medicare Program; FY 2015 Hospice
Wage Index and Payment Rate Update;
Hospice Quality Reporting
Requirements and Process and
Appeals for Part D Payment for Drugs
for Beneficiaries Enrolled in Hospice;
Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on August 22, 2014 entitled
‘‘Medicare Program; FY 2015 Hospice
Wage Index and Payment Rate Update;
Hospice Quality Reporting
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24220-24222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10043]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2013-0763; FRL-9927-00-Region 6]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Texas, Oklahoma, Arkansas, New Mexico, and
the City of Albuquerque, New Mexico; Control of Emissions From Existing
Sewage Sludge Incinerator Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve Clean Air Act (CAA) section 111(d)/129 negative
declarations for the States of Texas, Oklahoma, Arkansas, New Mexico,
and the City of Albuquerque, New Mexico, for existing sewage sludge
incinerator (SSI) units. These negative declarations certify that
existing SSI units subject to the requirements of sections 111(d) and
129 of the CAA do not exist within the jurisdictions of Texas,
Oklahoma, Arkansas, and New Mexico (including the City of Albuquerque).
EPA is accepting the negative declarations in accordance with the
requirements of the CAA.
DATES: This rule is effective on June 29, 2015 without further notice,
unless EPA receives relevant adverse comment by June 1, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2013-0763, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Mr. Kenneth W. Boyce at boyce.kenneth@epa.gov.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2013-
0763. 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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, (214) 665-7259,
email address boyce.kenneth@epa.gov. To inspect the hard copy materials
please contact Mr. Boyce or Mr. Bill Deese at (214) 665-6645.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' ``us'' and
``our'' means the EPA.
Outline
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
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 and other requirements applicable to
[[Page 24221]]
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 developing, implementing, and enforcing 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 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) for new SSI units,
and emission guidelines (40 CRF part 60, subpart MMMM), for existing
SSI units. Existing SSI units are units that commenced construction on
or before October 14, 2010. The Texas Commission on Environmental
Quality (TCEQ), Oklahoma Department of Environmental Quality (ODEQ),
Arkansas Department of Environmental Quality (ADEQ), New Mexico
Environment Department (NMED) and the City of Albuquerque, New Mexico
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, TCEQ, ODEQ, ADEQ, NMED and the City of
Albuquerque, New Mexico submitted negative declaration letters to EPA
on January 28, 2013, November 14, 2011, May 21, 2012, October 6, 2011
and September 12, 2011, respectively. The submittal of these
declarations exempts TCEQ, ODEQ, ADEQ, NMED and the City of
Albuquerque, New Mexico from the requirement to submit a state plan for
existing SSI units.
II. Final Action
In this Direct Final action, EPA is amending part 62 to reflect
receipt of the negative declaration letters from the TCEQ, ODEQ, ADEQ,
NMED and the City of Albuquerque, New Mexico, certifying that there are
no existing SSI units subject to 40 CFR part 60, subpart MMMM, in their
respective jurisdictions, in accordance with 40 CFR 60.5010, 40 CFR
62.06, and Section 111(d) of the CAA. If a designated facility (i.e.,
existing SSI unit) is later found within any noted jurisdiction after
publication of this Federal Register action, then the overlooked
facility will become subject to the requirements of the Federal plan
for that designated facility, including the compliance schedule. The
Federal plan will no longer apply, if we subsequently receive and
approve the 111(d) plan from the jurisdiction with the overlooked
facility. EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the negative declarations if relevant
adverse comments are received. This rule will be effective on June 29,
2015 without further notice unless we receive relevant adverse comment
by June 1, 2015. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We 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 rule 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 a negative declaration for SSI units, and does
not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant.
With regard to negative declarations for SSI units 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
[[Page 24222]]
to disapprove a 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 111(d)/129 plan negative declaration
submission, to use VCS in place of a 111(d)/129 plan 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. This rule 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 rule 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. This rule 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 June 29, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 a negative declaration for SSI units
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, Waste treatment and disposal.
Dated: April 16, 2015.
Ron Curry,
Regional Administrator, Region 6.
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 E--Arkansas
0
2. Subpart E is amended by adding an undesignated center heading and
Sec. 62.856 to read as follows:
Emissions From Existing Sewage Sludge Incinerator Units
Sec. 62.856 Identification of sources--negative declaration.
Letter from the Arkansas Department of Environmental Quality, dated
May 21, 2012, certifying that there are no known existing sewage sludge
incineration (SSI) units subject to 40 CFR part 60, subpart MMMM,
within its jurisdiction.
Subpart GG--New Mexico
0
3. Subpart GG is amended by adding an undesignated center heading and
Sec. 62.7892 to read as follows:
Emissions From Existing Sewage Sludge Incinerator Units
Sec. 62.7892 Identification of sources.
(a) Negative declaration for the State of New Mexico excluding
Bernalillo County. Letter from the New Mexico Environment Department,
dated October 6, 2011, certifying that there are no known existing
sewage sludge incineration (SSI) units subject to 40 CFR part 60,
subpart MMMM, within its jurisdiction, excluding Bernalillo County, New
Mexico.
(b) Negative declaration for Bernalillo County. Letter from the
City of Albuquerque Air Pollution Control Division, dated September 12,
2011, certifying that there are no known existing sewage sludge
incineration (SSI) units subject to 40 CFR part 60, subpart MMMM,
within the jurisdiction of the City of Albuquerque and Bernalillo
County, New Mexico.
Subpart LL--Oklahoma
0
4. Subpart LL is amended by adding an undesignated center heading and
Sec. 62.9121 to read as follows:
Emissions From Existing Sewage Sludge Incinerator Units
Sec. 62.9121 Identification of sources--negative declaration.
Letter from the Oklahoma Department of Environmental Quality, dated
November 14, 2011, certifying that there are no known existing sewage
sludge incineration (SSI) units subject to 40 CFR part 60, subpart
MMMM, within its jurisdiction.
Subpart SS--Texas
0
5. Subpart SS is amended by adding an undesignated center heading and
Sec. 62.10912 to read as follows:
Emissions From Existing Sewage Sludge Incinerator Units
Sec. 62.10912 Identification of sources--negative declaration.
Letter from the Texas Commission on Environmental Quality, dated
January 28, 2013, certifying that there are no existing sewage sludge
incineration (SSI) units subject to the requirements of 40 CFR part 60,
subpart MMMM, within its jurisdiction.
[FR Doc. 2015-10043 Filed 4-29-15; 8:45 am]
BILLING CODE 6560-50-P
