Air Plan Approval; Minnesota; Commercial and Industrial Solid Waste Incineration Units and Other Solid Waste Incineration Units Negative Declarations for Designated Facilities and Pollutants, 48777-48779 [2018-20967]
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP 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 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).
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Dated: September 20, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–21006 Filed 9–26–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2018–0588; FRL–9984–
57—Region 5]
Air Plan Approval; Minnesota;
Commercial and Industrial Solid Waste
Incineration Units and Other Solid
Waste Incineration Units Negative
Declarations for Designated Facilities
and Pollutants
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public
that we have received negative
declarations from Minnesota pertaining
to the presence of Commercial and
Industrial Solid Waste Incineration
(CISWI) units and Other Solid Waste
Incineration (OSWI) units in Minnesota.
The Minnesota Pollution Control
Agency (MPCA) submitted its CISWI
negative declaration by letter dated
February 3, 2017, and its OSWI negative
declaration by letter dated June 21,
2017. MPCA notified EPA in its negative
declaration letters that there are no
CISWI or OSWI units subject to the
requirements of the Clean Air Act (Act)
currently operating in Minnesota.
DATES: Comments must be received on
or before October 29, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0588, at https://
www.regulations.gov or via email to
cain.alexis@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
SUMMARY:
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48777
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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
A. Sections 111 and 129 of the Act
B. Commercial and Industrial Solid Waste
Incineration Units
C. Other Solid Waste Incineration Units
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste
Incineration Units
B. Other Solid Waste Incineration Units
III. Proposed EPA Action
IV. Statutory and Executive Order Reviews
I. Background
A. Sections 111 and 129 of the Act
Sections 111 and 129 of the Act set
forth EPA’s statutory authority for
regulating new and existing solid waste
incineration units. Section 111(b)
directs EPA to publish and periodically
revise a list of categories of stationary
sources which cause or significantly
contribute to air pollution, and to
establish new source performance
standards (NSPS) within these
categories. Section 111(d) grants EPA
statutory authority to require states to
submit to the agency implementation
plans for establishing performance
standards applicable to existing sources
belonging to those categories established
in section 111(b).
Section 111(d) of the Act requires
states to submit plans to control certain
pollutants (designated pollutants) at
existing facilities (designated facilities)
whenever standards of performance
have been established under section
111(b) for new sources of a source
category and EPA has established
emission guidelines (EGs) for designated
facilities. 40 CFR 60.21(a) and (b).
Section 129 of the Act is specific to
solid waste combustion, and requires
EPA to establish performance standards
pursuant to section 111 of the Act for
each category of solid waste
incineration units, which includes the
categories addressed in today’s action.
The regulations at 40 CFR part 60,
subpart B, contain general provisions
applicable to the adoption and submittal
of state plans for the control of
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Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules
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designated pollutants from designated
facilities under section 111(d) of the
Act, including those pollutants and
facilities designated pursuant to section
129 of the Act. Further, 40 CFR part 62,
subpart A, provides the procedural
framework by which EPA will approve
or disapprove such plans submitted by
a state. If a state fails to submit a
satisfactory plan, the Act provides EPA
with the authority to prescribe a plan for
regulating the designated pollutants at
the designated facilities. The EPA
prescribed plan, also known as a
Federal plan, is used to regulate
designated facilities when there is no
EPA approved state-specific plan.
Further, if there are no designated
facilities within a state’s jurisdiction,
the state may submit to EPA a letter of
certification to that effect (referred to as
a ‘‘negative declaration’’) in lieu of a
state plan to satisfy the state’s
obligation. 40 CFR 60.23(b) and 62.06.
The negative declaration exempts the
state from the requirement to submit a
state plan for the designated pollutants
and facilities. Therefore, if a state
submits a negative declaration for a
category of solid waste incineration
units, the state is not required to submit
a state plan for that source category.
B. Commercial and Industrial Solid
Waste Incineration Units
On December 1, 2000, EPA
promulgated new source performance
standards for new CISWI units, 40 CFR
part 60, subpart CCCC, and EGs for
existing CISWI units, 40 CFR part 60,
subpart DDDD. 65 FR 75338. On March
21, 2011, EPA, after voluntarily
remanding the 2000 CISWI standards
and EGs, promulgated final CISWI
standards and EGs. 76 FR 15704.
Correspondingly, on the same date, EPA
promulgated a final rule under the
Resource Conservation and Recovery
Act (RCRA) to identify which nonhazardous secondary materials, when
used as fuels or ingredients in
combustion units, are ‘‘solid wastes.’’ 76
FR 15456; see 40 CFR part 241, Solid
Wastes Used as Fuels or Ingredients in
Combustion Units (also known as the
‘‘Non-Hazardous Secondary Material
Rule’’). The identification of solid waste
in the Non-Hazardous Secondary
Material Rule is used to determine
whether a combustion unit is required
to meet the emissions standards for
solid waste incineration units issued
under sections 111 and 129 of the Act,
or meet the emissions standards for
commercial, industrial, and institutional
boilers issued under section 112 of the
Act. EPA subsequently promulgated
amendments to both rules on February
7, 2013: Commercial and Industrial
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Solid Waste Incineration Units:
Reconsideration and Final
Amendments; Non-Hazardous
Secondary Materials That Are Solid
Waste; Final Rule. 78 FR 9112.
Reconsideration of certain aspects of the
final CISWI rule resulted in minor
amendments. 81 FR 40956 (June 23,
2016). Pursuant to sections 111(d) and
129 of the Act and 40 CFR part 60,
subpart B, states were required to revise
their state plans for existing CISWI units
to comply with the amended
regulations.
A CISWI unit is defined in 40 CFR
60.2875 as any distinct operating unit of
any commercial or industrial facility
that combusts, or has combusted in the
preceding 6 months, any solid waste, as
the term ‘‘solid waste’’ is defined in the
Non-Hazardous Secondary Material
Rule. A state plan must address all
existing CISWI units that commenced
construction on or before June 4, 2010,
or for which modification or
reconstruction was commenced on or
before August 7, 2013, with limited
exceptions as provided in 40 CFR
60.2555. 40 CFR 60.2550.
However, as discussed above, if there
are no existing designated facilities in a
state, the state may submit a negative
declaration in lieu of a state plan. EPA
will provide public notice of receipt of
a state’s negative declaration with
respect to that solid waste incineration
unit category. 40 CFR 60.2530. If any
unit of a solid waste incineration
category is subsequently identified in a
state for which a negative declaration
had been submitted, the Federal plan
implementing the EGs for that source
category would apply to that unit. In the
case of a CISWI unit, subpart DDDD
would automatically apply to that
CISWI unit until a state plan is
approved. 40 CFR 60.2530.
II. Negative Declarations and EPA
Analysis
C. Other Solid Waste Incineration Units
B. Other Solid Waste Incineration Units
EPA promulgated new source
performance standards and EGs for
OSWIs on December 16, 2005. 70 FR
74870. The standards and EGs are
codified at 40 CFR part 60, subparts
EEEE and FFFF, respectively. Thus,
states were required to submit plans for
existing OSWIs pursuant to sections
111(d) and 129 of the Act and 40 CFR
part 60, subpart B.
An OSWI unit is defined in 40 CFR
60.3078 as a very small municipal waste
combustor and institutional waste
incinerator. The designated facilities to
which the original EGs applied to are
existing OSWI units that commenced
construction on or before December 9,
2004.
On June 21, 2017, MPCA submitted
its OSWI negative declaration, in which
it certified that there are no existing
OSWI units currently operating in
Minnesota.
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A. Commercial and Industrial Solid
Waste Incineration Units
On February 3, 2017, MPCA
submitted its CISWI negative
declaration, in which MPCA certified
that there are no existing CISWI units
currently operating in Minnesota. Two
non-waste determinations under the
Non-Hazardous Secondary Materials
Rule were critical elements of MPCA’s
February 3, 2017 negative declaration
letter. Specifically, on September 25,
2015, in response to a petition to Region
5, the Regional Administrator made a
non-waste determination under the
Non-Hazardous Secondary Materials
Rule provision at 40 CFR 241.3(c), with
regard to the poultry litter burned as
fuel in the boiler at the Benson Power,
LLC power plant in Benson, Minnesota.
The Regional Administrator determined
that the poultry litter at issue was not
a solid waste. Further, by letter dated
October 15, 2015, ReConserve of
Minnesota Inc., d/b/a Endres
Processing, Rosemount, Minnesota,
certified to Region 5 that it had made a
non-waste self-determination under the
Non-Hazardous Secondary Materials
Rule provision at 40 CFR 241.3(b), with
regard to the refuse derived fuel that it
processes, as defined at 40 CFR 241.2,
and which meets the legitimacy criteria
for fuels at 40 CFR 241.3(d)(1), that the
refuse derived fuel is not a solid waste.
Correspondingly, by technical review
document dated February 23, 2018,
Region 5’s Land and Chemicals Division
reviewed and confirmed the non-waste
self-determination. EPA’s Office of
Resource Conservation and Recovery
correspondingly concurred with the
Region’s review and conclusion.
III. Proposed EPA Action
EPA is notifying the public of EPA’s
receipt of MPCA’s negative declarations
for both CISWI and OSWI facilities and
that EPA is amending 40 CFR part 62 to
reflect both negative declarations. For
CISWI, EPA received the negative
declaration on February 3, 2017, and for
OSWI, EPA received the negative
declaration on June 21, 2017.
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IV. Statutory and Executive Order
Reviews
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 is not an
Executive Order 13771 (82 FR 9339,
February 2, 2017) regulatory action
because this action is not significant
under E.O. 12866. This action merely
approves state law as meeting Federal
requirements and merely notifies the
public of EPA’s receipt of negative
declarations from an air pollution
control agency without any existing
CISWI or OSWI 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 pertains to 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
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
provides notice of receipt of negative
declarations, and does not alter the
relationship or the distribution of power
and responsibilities established in the
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Act. This rule also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it just notifying
the public regarding receipt of the
negative declarations.
In reviewing state 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
state plan submission or negative
declaration for failure to use VCS. It
would thus be inconsistent with
applicable law for EPA, when it reviews
a state plan or negative declaration
submission, to use VCS in place of a
state 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.).
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Commercial and
industrial solid waste incinerators,
Intergovernmental relations, Other solid
waste incinerator units, Reporting and
recordkeeping requirements.
Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
48779
by Kenneth E. Hardman, on behalf of
Critical Messaging Association.
DATES: Oppositions to the Petition must
be filed on or before October 12, 2018.
Replies to an opposition must be filed
on or before October 22, 2018.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Nina Shafran, Wireless
Telecommunications Bureau, at: (202)
418–2781; email: Nina.Shafran@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3102, released
September 10, 2018. The full text of the
Petition is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
It also may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5.U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
Subject: Amendment of parts 1 and 22
of the Commission’s Rules with Regard
to the Cellular Service, Including
Changes in Licensing of Unserved Area,
FCC 18–92, published at 83 FR 37760,
August 2, 2018, in WT Docket No. 12–
40. This document is being published
pursuant to 47 CFR 1.429(e). See also 47
CFR 1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 1.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018–20677 Filed 9–26–18; 8:45 am]
BILLING CODE 6712–01–P
[FR Doc. 2018–20967 Filed 9–26–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
FEDERAL COMMUNICATIONS
COMMISSION
Federal Motor Carrier Safety
Administration
47 CFR Part 22
49 CFR Part 387
[WT Docket No. 12–40; Report No. 3102]
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
[Docket No. FMCSA–2016–0102]
RIN 2126–AC10
Broker and Freight Forwarder
Financial Responsibility
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Advance notice of proposed
SUMMARY: A Petition for Reconsideration
rulemaking (ANPRM); request for
(Petition) has been filed in the
comments.
Commission’s Rulemaking proceeding
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AGENCY:
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]]>Agencies
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48777-48779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20967]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2018-0588; FRL-9984-57--Region 5]
Air Plan Approval; Minnesota; Commercial and Industrial Solid
Waste Incineration Units and Other Solid Waste Incineration Units
Negative Declarations for Designated Facilities and Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that we have received negative declarations from Minnesota
pertaining to the presence of Commercial and Industrial Solid Waste
Incineration (CISWI) units and Other Solid Waste Incineration (OSWI)
units in Minnesota. The Minnesota Pollution Control Agency (MPCA)
submitted its CISWI negative declaration by letter dated February 3,
2017, and its OSWI negative declaration by letter dated June 21, 2017.
MPCA notified EPA in its negative declaration letters that there are no
CISWI or OSWI units subject to the requirements of the Clean Air Act
(Act) currently operating in Minnesota.
DATES: Comments must be received on or before October 29, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0588, at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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,
[email protected].
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
A. Sections 111 and 129 of the Act
B. Commercial and Industrial Solid Waste Incineration Units
C. Other Solid Waste Incineration Units
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste Incineration Units
B. Other Solid Waste Incineration Units
III. Proposed EPA Action
IV. Statutory and Executive Order Reviews
I. Background
A. Sections 111 and 129 of the Act
Sections 111 and 129 of the Act set forth EPA's statutory authority
for regulating new and existing solid waste incineration units. Section
111(b) directs EPA to publish and periodically revise a list of
categories of stationary sources which cause or significantly
contribute to air pollution, and to establish new source performance
standards (NSPS) within these categories. Section 111(d) grants EPA
statutory authority to require states to submit to the agency
implementation plans for establishing performance standards applicable
to existing sources belonging to those categories established in
section 111(b).
Section 111(d) of the Act requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of a source
category and EPA has established emission guidelines (EGs) for
designated facilities. 40 CFR 60.21(a) and (b). Section 129 of the Act
is specific to solid waste combustion, and requires EPA to establish
performance standards pursuant to section 111 of the Act for each
category of solid waste incineration units, which includes the
categories addressed in today's action.
The regulations at 40 CFR part 60, subpart B, contain general
provisions applicable to the adoption and submittal of state plans for
the control of
[[Page 48778]]
designated pollutants from designated facilities under section 111(d)
of the Act, including those pollutants and facilities designated
pursuant to section 129 of the Act. Further, 40 CFR part 62, subpart A,
provides the procedural framework by which EPA will approve or
disapprove such plans submitted by a state. If a state fails to submit
a satisfactory plan, the Act provides EPA with the authority to
prescribe a plan for regulating the designated pollutants at the
designated facilities. The EPA prescribed plan, also known as a Federal
plan, is used to regulate designated facilities when there is no EPA
approved state-specific plan. Further, if there are no designated
facilities within a state's jurisdiction, the state may submit to EPA a
letter of certification to that effect (referred to as a ``negative
declaration'') in lieu of a state plan to satisfy the state's
obligation. 40 CFR 60.23(b) and 62.06. The negative declaration exempts
the state from the requirement to submit a state plan for the
designated pollutants and facilities. Therefore, if a state submits a
negative declaration for a category of solid waste incineration units,
the state is not required to submit a state plan for that source
category.
B. Commercial and Industrial Solid Waste Incineration Units
On December 1, 2000, EPA promulgated new source performance
standards for new CISWI units, 40 CFR part 60, subpart CCCC, and EGs
for existing CISWI units, 40 CFR part 60, subpart DDDD. 65 FR 75338. On
March 21, 2011, EPA, after voluntarily remanding the 2000 CISWI
standards and EGs, promulgated final CISWI standards and EGs. 76 FR
15704. Correspondingly, on the same date, EPA promulgated a final rule
under the Resource Conservation and Recovery Act (RCRA) to identify
which non-hazardous secondary materials, when used as fuels or
ingredients in combustion units, are ``solid wastes.'' 76 FR 15456; see
40 CFR part 241, Solid Wastes Used as Fuels or Ingredients in
Combustion Units (also known as the ``Non-Hazardous Secondary Material
Rule''). The identification of solid waste in the Non-Hazardous
Secondary Material Rule is used to determine whether a combustion unit
is required to meet the emissions standards for solid waste
incineration units issued under sections 111 and 129 of the Act, or
meet the emissions standards for commercial, industrial, and
institutional boilers issued under section 112 of the Act. EPA
subsequently promulgated amendments to both rules on February 7, 2013:
Commercial and Industrial Solid Waste Incineration Units:
Reconsideration and Final Amendments; Non-Hazardous Secondary Materials
That Are Solid Waste; Final Rule. 78 FR 9112. Reconsideration of
certain aspects of the final CISWI rule resulted in minor amendments.
81 FR 40956 (June 23, 2016). Pursuant to sections 111(d) and 129 of the
Act and 40 CFR part 60, subpart B, states were required to revise their
state plans for existing CISWI units to comply with the amended
regulations.
A CISWI unit is defined in 40 CFR 60.2875 as any distinct operating
unit of any commercial or industrial facility that combusts, or has
combusted in the preceding 6 months, any solid waste, as the term
``solid waste'' is defined in the Non-Hazardous Secondary Material
Rule. A state plan must address all existing CISWI units that commenced
construction on or before June 4, 2010, or for which modification or
reconstruction was commenced on or before August 7, 2013, with limited
exceptions as provided in 40 CFR 60.2555. 40 CFR 60.2550.
However, as discussed above, if there are no existing designated
facilities in a state, the state may submit a negative declaration in
lieu of a state plan. EPA will provide public notice of receipt of a
state's negative declaration with respect to that solid waste
incineration unit category. 40 CFR 60.2530. If any unit of a solid
waste incineration category is subsequently identified in a state for
which a negative declaration had been submitted, the Federal plan
implementing the EGs for that source category would apply to that unit.
In the case of a CISWI unit, subpart DDDD would automatically apply to
that CISWI unit until a state plan is approved. 40 CFR 60.2530.
C. Other Solid Waste Incineration Units
EPA promulgated new source performance standards and EGs for OSWIs
on December 16, 2005. 70 FR 74870. The standards and EGs are codified
at 40 CFR part 60, subparts EEEE and FFFF, respectively. Thus, states
were required to submit plans for existing OSWIs pursuant to sections
111(d) and 129 of the Act and 40 CFR part 60, subpart B.
An OSWI unit is defined in 40 CFR 60.3078 as a very small municipal
waste combustor and institutional waste incinerator. The designated
facilities to which the original EGs applied to are existing OSWI units
that commenced construction on or before December 9, 2004.
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste Incineration Units
On February 3, 2017, MPCA submitted its CISWI negative declaration,
in which MPCA certified that there are no existing CISWI units
currently operating in Minnesota. Two non-waste determinations under
the Non-Hazardous Secondary Materials Rule were critical elements of
MPCA's February 3, 2017 negative declaration letter. Specifically, on
September 25, 2015, in response to a petition to Region 5, the Regional
Administrator made a non-waste determination under the Non-Hazardous
Secondary Materials Rule provision at 40 CFR 241.3(c), with regard to
the poultry litter burned as fuel in the boiler at the Benson Power,
LLC power plant in Benson, Minnesota. The Regional Administrator
determined that the poultry litter at issue was not a solid waste.
Further, by letter dated October 15, 2015, ReConserve of Minnesota
Inc., d/b/a Endres Processing, Rosemount, Minnesota, certified to
Region 5 that it had made a non-waste self-determination under the Non-
Hazardous Secondary Materials Rule provision at 40 CFR 241.3(b), with
regard to the refuse derived fuel that it processes, as defined at 40
CFR 241.2, and which meets the legitimacy criteria for fuels at 40 CFR
241.3(d)(1), that the refuse derived fuel is not a solid waste.
Correspondingly, by technical review document dated February 23, 2018,
Region 5's Land and Chemicals Division reviewed and confirmed the non-
waste self-determination. EPA's Office of Resource Conservation and
Recovery correspondingly concurred with the Region's review and
conclusion.
B. Other Solid Waste Incineration Units
On June 21, 2017, MPCA submitted its OSWI negative declaration, in
which it certified that there are no existing OSWI units currently
operating in Minnesota.
III. Proposed EPA Action
EPA is notifying the public of EPA's receipt of MPCA's negative
declarations for both CISWI and OSWI facilities and that EPA is
amending 40 CFR part 62 to reflect both negative declarations. For
CISWI, EPA received the negative declaration on February 3, 2017, and
for OSWI, EPA received the negative declaration on June 21, 2017.
[[Page 48779]]
IV. Statutory and Executive Order Reviews
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 is not an Executive Order 13771 (82 FR 9339, February 2, 2017)
regulatory action because this action is not significant under E.O.
12866. This action merely approves state law as meeting Federal
requirements and merely notifies the public of EPA's receipt of
negative declarations from an air pollution control agency without any
existing CISWI or OSWI 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
pertains to 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 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 provides notice of receipt of negative declarations, 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 just
notifying the public regarding receipt of the negative declarations.
In reviewing state 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 state plan submission or negative declaration for failure
to use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews a state plan or negative declaration submission, to use
VCS in place of a state 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.).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Commercial and industrial solid waste
incinerators, Intergovernmental relations, Other solid waste
incinerator units, Reporting and recordkeeping requirements.
Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-20967 Filed 9-26-18; 8:45 am]
BILLING CODE 6560-50-P
