Air Plan Approval; Michigan; Sewage Sludge Incinerators State Plan and Small Municipal Waste Combustors Negative Declaration for Designated Facilities and Pollutants, 70694-70697 [2015-28911]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70694-70697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2015-0701; FRL-9936-96-Region 5]


Air Plan Approval; Michigan; Sewage Sludge Incinerators State 
Plan and Small Municipal Waste Combustors Negative Declaration for 
Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Michigan's State Plan to control air pollutants from ``Sewage Sludge 
Incinerators'' (SSI). The Michigan Department of Environmental Quality 
(MDEQ) submitted the State Plan on September 21, 2015. The State Plan 
is consistent with the Emission Guidelines (EGs) promulgated by EPA on 
March 21, 2011. This approval means that EPA finds that the State Plan 
meets applicable Clean Air Act (Act) requirements for subject SSI 
units. Once effective, this approval also makes the State Plan 
Federally enforceable. EPA is also notifying the public that we have 
received from Michigan a negative declaration for Small Municipal Waste 
Combustors (SMWC). The MDEQ submitted its negative declaration on

[[Page 70695]]

July 27, 2015. MDEQ notified EPA in its negative declaration letter 
that there are no SMWC units subject to the requirements of the Act 
currently operating in Michigan.

DATES: This direct final rule will be effective January 15, 2016, 
unless EPA receives adverse comments by December 16, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect, and will respond to all comments in a final 
action based upon the associated proposal.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0701, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: nwia.jacqueline@epa.gov.
    3. Fax: (312) 692-2566.
    4. Mail: Jacqueline Nwia, Acting Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    5. Hand Delivery: Jacqueline Nwia, Acting Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office normal hours of operation, and special arrangements should be 
made for deliveries of boxed information. The Regional Office 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-R05-OAR-
2015-0701. 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 not contain special characters or any form of encryption, 
and should be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Margaret Sieffert, Environmental 
Engineer, at (312) 353-1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
sieffert.margaret@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. Background
II. What does the State Plan contain?
III. Does the state plan meet the EPA requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    Section 111(d) of the Act requires that EPA develop regulations 
providing that states must submit to EPA plans establishing standards 
of performance for certain existing sources of pollutants when a 
standard of performance would apply to the existing source if it were a 
new source, and if the pollutants are noncriteria pollutants (i.e., 
pollutants for which there is no national ambient air quality standard) 
and are not on a list published under section 108 of the Act or emitted 
from a source category regulated under section 112 of the Act. Section 
129 of the Act and 40 CFR part 60, subpart B apply the section 111(d) 
requirements to existing solid waste combustors, including SSIs and 
SMWCs, and provide that EPA should include, as part of the performance 
standards, emissions guidelines (EGs) that include the plan elements 
required by section 129.
    EPA promulgated new source performance standards and EGs for SMWCs 
on December 6, 2000, (64 FR 76349, 65 FR 76377). The standards and EGs 
are codified at 40 CFR part 60, subparts AAAA and BBBB, respectively. 
Thus, states were required to develop plans for existing SMWCs, 
pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60, 
subpart B.
    EPA promulgated new source performance standards and EGs for SSIs 
on March 21, 2011, (76 FR 15372). The standards and EGs are codified at 
40 CFR part 60, subparts LLLL and MMMM, respectively. Thus, states were 
required to develop plans for existing SSIs, pursuant to sections 
111(d) and 129 of the Act and 40 CFR part 60, subpart B.
    A SMWC unit is defined in 40 CFR 60.1550, as any device that has 
the capacity to combust at least 35 tons per day of municipal solid 
waste but no more than 250 tons per day of municipal solid waste or 
refuse derived fuel. The designated facilities to which the EGs apply 
are existing SMWC units that commenced construction on or before August 
30, 1999.
    A SSI unit is defined in 40 CFR 60.5250 as any device that combusts 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter. The designated facilities to 
which the EGs apply are existing SSI units that commenced construction 
on or before October 14, 2010. 40 CFR 60.5060.
    Under section 129(b)(2) of the Act and the EGs at 40 CFR part 60, 
subpart MMMM, States with SSIs must submit to EPA plans that implement 
the EGs. The plans, which must be at least as protective as the EGs, 
become Federally enforceable when EPA approves them. 42 U.S.C. 
7411(d)(2). If the state fails to submit a satisfactory plan, the 
Administrator must promulgate a Federal plan for implementation and 
enforcement. Id.
    40 CFR part 60, subpart B contains general provisions applicable to 
the adoption and submittal of state plans for

[[Page 70696]]

subject facilities under sections 111(d) and 129 (111(d)/129 plan). 40 
CFR part 62, subpart A provides the procedural framework for the 
submission of the plans. However, 40 CFR 60.23(b) and 62.06 provide 
that, if there are no existing sources of the designated pollutant in a 
state, the state may submit a letter of certification to that effect 
(i.e., a negative declaration) in lieu of a plan. The negative 
declaration exempts the state from the provisions of 40 CFR part 60, 
subpart B that require the submittal of a 111(d)/129 plan.
    On September 21, 2015, MDEQ submitted its SSI State Plan. The 
State's final rule became effective on May 20, 2015. The public hearing 
for the State Plan was on August 19, 2015. The plan includes State rule 
R 336.1972, ``Emission standards for existing sewage sludge 
incineration units,'' and R 336.1902 ``Adoption of standards by 
reference,'' which contain emission standards for existing SSI.
    On July 27, 2015, MDEQ submitted its SMWC negative declaration, in 
which it certifies that there are no SMWC units currently operating in 
Michigan.

II. What does the state plan contain?

    The State SSI plan submittal is based on the Federal SSI EGs. As 
set forth in section 129 of the Act and in 40 CFR part 60, subparts B 
and MMMM, the State Plan addresses the nine minimum required elements, 
as follows:
    1. An inventory of affected SSI units, including those that have 
ceased operation but have not been dismantled. Michigan has provided 
this along with the shutdown notices for four facilities and the 
operating permits for the remaining three affected facilities in 
Michigan.
    2. An inventory of the emissions from affected SSI units. Michigan 
has provided this.
    3. Compliance schedules for each affected SSI unit. Michigan has 
provided a compliance schedule with a compliance date of March 21, 
2016.
    4. Emission limits, emission standards, operator training and 
qualification requirements and operating limits for affected SSI units 
that are at least as protective as the EGs. Michigan has provided this.
    5. Performance testing, recordkeeping and reporting and 
requirements. Michigan has provided this.
    6. Certification that the hearing on the state plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission. Michigan has provided the required 
certification and other information, including a summary of the one 
comment it received.
    7. A provision for State progress reports to EPA. Michigan has 
stated that it will submit an annual report that will include updates 
to the inventory, removing sources that have shut down, adding any new 
sources, and identifying any sources that have met increments of 
progress. The annual report will also include any enforcement 
activities initiated against designated facilities and submission of 
technical reports on all performance testing on designated facilities, 
including updated emissions inventories.
    8. Identification of enforceable state mechanisms that the State 
selected for implementing the EGs. Michigan has provided a detailed 
list which identified the enforceable mechanisms.
    9. A demonstration of the State's legal authority to carry out the 
SSI State Plan. Michigan has provided a detailed list which 
demonstrated that it has such legal authority. This includes the legal 
authority to incorporate by reference federal emission guidelines 
provisions, as confirmed by a Michigan Attorney General's Opinion 
letter dated May 27, 2015.

III. Does the State Plan meet the EPA requirements?

    EPA evaluated the SSI State Plan and related information submitted 
by Michigan for consistency with the Act, EPA regulations and policy. 
For the reasons discussed above, EPA has determined that the State Plan 
meets all applicable requirements and, therefore, is approvable.

IV. What action is EPA taking?

    EPA is approving the State Plan which Michigan submitted on 
September 21, 2015, for the control of emissions from existing SSI 
sources in the State. EPA is also providing the public with notice of, 
and amending 40 CFR part 62 to reflect, EPA's receipt of Michigan's 
negative declaration for SMWC facilities.
    The EPA Administrator continues to retain authority for several 
tasks, as provided in 40 CFR 60.5050 and as stated in the cover letter 
of the State Plan.
    EPA is publishing this approval action without prior proposal 
because the Agency views this as a non-controversial action and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the State Plan in 
the event adverse written comments are filed. This rule will be 
effective January 15, 2016 without further notice unless we receive 
relevant adverse written comments by December 16, 2015. If we receive 
such comments, we will withdraw this action before the effective date 
by publishing a subsequent document that will withdraw the final 
action. We will then address all public comments received in a 
subsequent final rule based on the proposed action. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. Please note that if EPA 
receives adverse comment on an amendment, paragraph, or section of this 
rule, and if that provision can be severed from the remainder of the 
rule, EPA may adopt as final those provisions of the rule that are not 
the subject of an adverse comment. If we do not receive any comments, 
this action will be effective January 15, 2016.

V. Statutory and Executive Order Reviews

A. General Requirements

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore is not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011). 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 approves state law as meeting Federal requirements and 
merely notifies the public of EPA receipt of a negative declaration 
from an air pollution control agency without any existing SMWC units in 
its state. This action imposes no requirements beyond those imposed by 
the state. Accordingly, the Administrator 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 rule approves 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 (Pub. L. 104-4). This rule is not 
approved to apply on any Indian reservation land or in any other area 
where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian

[[Page 70697]]

country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law 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 state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Act. This 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 section 111(d)/129 plan submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the Act. 
With regard to negative declarations for designated 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 disapprove a section 111(d)/129 plan submission or negative 
declaration for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a section 111(d)/129 plan or 
negative declaration submission, to use VCS in place of a section 
111(d)/129 plan or negative declaration submission that otherwise 
satisfies the provisions of the 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 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 15, 2016. 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. 
This action approving Michigan's section 111(d)/129 plan for SSI 
sources or negative declaration for SMWC 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, Sewage sludge incinerators, Small municipal 
waste combustors.

    Dated: October 29, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    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 X--Michigan

0
2. Add two undesignated center headings and Sec. Sec.  62.5620, 
62.5621, 62.5622, and 62.5630 to subpart X to read as follows:

Control of Air Emissions From Sewage Sludge Incinerators


Sec.  62.5620  Identification of plan.

    On September 21, 2015, Michigan submitted a State Plan for 
implementing the emission guidelines for Sewage Sludge Incinerators 
(SSI). The enforceable mechanism for this State Plan is a State rule 
codified in R 336.1972, ``Emission standards for existing sewage sludge 
incineration units,'' and R 336.1902 ``Adoption of standards by 
reference.'' The State's final rule became effective on May 20, 2015.


Sec.  62.5621  Identification of sources.

    The Michigan State Plan for existing Sewage Sludge Incinerators 
(SSI) applies to all SSIs for which construction commenced on or before 
October 14, 2010 or for which a modification was commenced on or before 
September 21, 2011 primarily to comply with this rule.


Sec.  62.5622  Effective date.

    The Federal effective date of the Michigan State Plan for existing 
Sewage Sludge Incinerators is January 15, 2016.

Control of Air Emissions From Small Municipal Waste Combustors


Sec.  62.5630  Identification of plan--negative declaration.

    On July 27,2015, the Michigan Department of Environmental Quality 
submitted a negative declaration letter to EPA certifying that there 
are no existing Small Municipal Waste Combustors (SMWC) units in the 
State of Michigan subject to the emissions guidelines at 40 CFR part 
60, subpart BBBB.

[FR Doc. 2015-28911 Filed 11-13-15; 8:45 am]
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