Air Plan Approval; Indiana; Negative Declarations for Commercial and Industrial Solid Waste Incineration and Sewage Sludge Incineration Units for Designated Facilities and Pollutants, 49897-49899 [2018-21468]
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
would have maximum DV of 83.6 ppb.9
We used a value of 85 ppb to determine
whether a particular ozone receptor
should be identified as having air
quality problems that may trigger
transport obligations in upwind states
with regard to the 1997 8-hour ozone
NAAQS (76 FR 48208, 48236).
The 2014 modeling results show that
the Allegan County, Michigan monitor
which Texas was linked to in the 2012
modeling was no longer projected to
have air quality problems sufficient to
trigger transport obligations with regard
to the 1997 8-hour ozone NAAQS. Thus,
Texas was no longer projected to
interfere with maintenance of the 1997
ozone NAAQS at the Allegan County
receptor in 2014. However, the 2014
modeling results continued to project
that the East Baton Parish receptor
would have problems maintaining the
1997 ozone NAAQS.
As discussed above, in response to the
remand of Texas’s CSAPR phase 2
ozone season budget by the D.C. Circuit
in EME Homer City II, EPA reviewed the
2017 air quality modeling conducted for
the CSAPR Update. EPA concluded that,
even in the absence of Texas’s CSAPR
budget, both the Baton Rouge and
Allegan receptors would have average
and maximum DVs below the level of
the 1997 ozone NAAQS for the
downwind receptors of concern to
which Texas was linked in the original
CSAPR rulemaking with respect the
1997 ozone NAAQS. Accordingly, EPA
found that Texas emissions would no
longer contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state with
respect to the 1997 ozone NAAQS at
either receptor or in any other state. (81
FR 74525–26). This conclusion is based
on EPA’s most recent modeling analysis
and is supported by the fact that the
Baton Rouge area has monitored
attainment of the 1997 ozone standard
since 2008.
III. Proposed Action
We are proposing to approve the
portions of the April 4, 2008 and May
1, 2008 Texas SIP submittals as they
pertain to the requirements of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS. We propose to
find that the conclusion in the state’s
SIP submittals is consistent with EPA’s
conclusion regarding the Texas’s good
neighbor obligation, that emissions from
Texas will not significantly contribute
9 See projected 2014 base case average and
maximum DVs for these monitors at pages B–14 and
B–16 of the June 2011 Air Quality Modeling Final
Rule Technical Support Document for CSAPR,
Document ID No. EPA–HQ–OAR–2009–0491–4140,
available in regulations.gov.
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to nonattainment or interfere with
maintenance of the 1997 ozone NAAQS
in any other state.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
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 CAA; 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).
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49897
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 proposed 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
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–21448 Filed 10–2–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2018–0600; FRL–9984–
56—Region 5]
Air Plan Approval; Indiana; Negative
Declarations for Commercial and
Industrial Solid Waste Incineration and
Sewage Sludge Incineration Units 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 from Indiana
requests for withdrawals of the
previously approved state plans and
notification of negative declarations for
Commercial and Industrial Solid Waste
Incineration (CISWI) units and Sewage
Sludge Incineration (SSI) units. The
Indiana Department of Environmental
Management (IDEM) submitted its
CISWI withdrawal and negative
declaration by letter dated July 31, 2017
and its SSI withdrawal and negative
declaration by letter dated July 31, 2017.
IDEM notified EPA in its negative
declaration letters that there are no
CISWI or SSI units subject to the
requirements of the Clean Air Act (Act)
currently operating in Indiana.
DATES: Comments must be received on
or before November 2, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0600, at https://
www.regulations.gov or via email to
cain.alexis@epa.gov. For comments
SUMMARY:
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
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,
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. Sewage Sludge Incineration Units
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste
Incineration Units
B. Sewage Sludge Incineration Units
III. Proposed EPA Action
IV. Statutory and Executive Order Reviews
daltland on DSKBBV9HB2PROD with PROPOSALS
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, among other types of
emission sources, 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
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these categories. Section 111(d) grants
EPA statutory authority to require states
to submit implementation plans for
establishing performance standards
applicable to existing sources belonging
to those categories established in section
111(b).
Under Section 111(d), the state
submits plans to control certain
pollutants (designated pollutants) at
existing facilities (designated facilities)
which have been established under
section 111(b). EPA has promulgated
emission guidelines (EGs) for designated
facilities, which are used by states to
formulate their state plan. 40 CFR
60.21(a) and (b). Section 129(b) 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
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 in 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 a NSPS 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 (76 FR
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Sfmt 4702
15704), EPA, after a ‘‘voluntarily
remand’’ of the 2000 CISWI standards
and EGs, promulgated a final CISWI
NSPS and EGs.1 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 NonHazardous 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
that term is defined in the NonHazardous 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 section 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
1 For more information on the history to this rule,
including the remand, see 67 FR 70640 (November
25, 2002).
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
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. Sewage Sludge Incineration Units
EPA promulgated an NSPS and EGs
for SSIs on March 21, 2011. 76 FR
15404. The NSPS and EGs are codified
at 40 CFR part 60, subparts LLLL and
MMMM, respectively. Thus, states were
required to submit plans for existing
SSIs, pursuant to sections 111(d) and
129 of the Act and 40 CFR part 60,
subpart B.
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 applied to are existing SSI units
that commenced construction 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. 76 FR 15371.
II. Negative Declarations and EPA
Analysis
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A. Commercial and Industrial Solid
Waste Incineration Units
IDEM submitted a CISWI state plan on
December 20, 2002. EPA approved the
state plan and it became effective on
August 11, 2003. 68 FR 35181. On July
31, 2017, IDEM submitted its CISWI
negative declaration, in which it
certified that there are no longer any
CISWI units currently operating in
Indiana.2
B. Sewage Sludge Incineration Units
IDEM submitted a SSI state plan on
February 27, 2013. EPA approved the
state plan and it became effective on
August 12, 2013. 78 FR 34918. On July
31, 2017, IDEM submitted its SSI
withdrawal and negative declaration, in
which it certified that there are no
longer any existing SSI units currently
operating in Indiana. Previously, IDEM
listed Belmont Advanced Wastewater
Treatment Facility as having an existing
SSI. After modifications at the Belmont
facility, however, the SSI unit became
subject to the NSPS under 40 CFR part
2 Previously,
an incinerator located at Covance
Laboratories, Inc. was listed by Indiana as subject
to the CISWI. In a letter dated June 18, 2018,
however, EPA determined that Covance’s
incinerator was not a ‘‘CISWI unit’’ under the
regulations.
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60 subpart LLLL. Because there are no
existing sources subject to the 2013 state
plan, IDEM is requesting to withdraw
the 2013 state plan and replace it with
a negative declaration.
III. Proposed EPA Action
EPA is proposing to amend 40 CFR
part 62 to reflect IDEM’s withdrawals
and negative declarations for both
CISWI and SSI facilities. EPA received
the CISWI and SSI negative declarations
and withdrawal requests by letters dated
July 31, 2017.
IV. 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 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 SSI 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
PO 00000
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Sfmt 9990
49899
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, Sewage
sludge incineration units, Reporting and
recordkeeping requirements.
Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018–21468 Filed 10–2–18; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49897-49899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21468]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2018-0600; FRL-9984-56--Region 5]
Air Plan Approval; Indiana; Negative Declarations for Commercial
and Industrial Solid Waste Incineration and Sewage Sludge Incineration
Units 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 from Indiana requests for withdrawals of
the previously approved state plans and notification of negative
declarations for Commercial and Industrial Solid Waste Incineration
(CISWI) units and Sewage Sludge Incineration (SSI) units. The Indiana
Department of Environmental Management (IDEM) submitted its CISWI
withdrawal and negative declaration by letter dated July 31, 2017 and
its SSI withdrawal and negative declaration by letter dated July 31,
2017. IDEM notified EPA in its negative declaration letters that there
are no CISWI or SSI units subject to the requirements of the Clean Air
Act (Act) currently operating in Indiana.
DATES: Comments must be received on or before November 2, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0600, at https://www.regulations.gov or via email to
[email protected]. For comments
[[Page 49898]]
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. Sewage Sludge Incineration Units
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste Incineration Units
B. Sewage Sludge 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, among other types of emission sources, 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 implementation plans for establishing performance
standards applicable to existing sources belonging to those categories
established in section 111(b).
Under Section 111(d), the state submits plans to control certain
pollutants (designated pollutants) at existing facilities (designated
facilities) which have been established under section 111(b). EPA has
promulgated emission guidelines (EGs) for designated facilities, which
are used by states to formulate their state plan. 40 CFR 60.21(a) and
(b). Section 129(b) 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 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 in 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 a NSPS 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 (76 FR 15704),
EPA, after a ``voluntarily remand'' of the 2000 CISWI standards and
EGs, promulgated a final CISWI NSPS and EGs.\1\ 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.
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\1\ For more information on the history to this rule, including
the remand, see 67 FR 70640 (November 25, 2002).
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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 that term 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 section 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
[[Page 49899]]
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. Sewage Sludge Incineration Units
EPA promulgated an NSPS and EGs for SSIs on March 21, 2011. 76 FR
15404. The NSPS and EGs are codified at 40 CFR part 60, subparts LLLL
and MMMM, respectively. Thus, states were required to submit plans for
existing SSIs, pursuant to sections 111(d) and 129 of the Act and 40
CFR part 60, subpart B.
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 applied to are existing SSI units that commenced
construction 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. 76 FR 15371.
II. Negative Declarations and EPA Analysis
A. Commercial and Industrial Solid Waste Incineration Units
IDEM submitted a CISWI state plan on December 20, 2002. EPA
approved the state plan and it became effective on August 11, 2003. 68
FR 35181. On July 31, 2017, IDEM submitted its CISWI negative
declaration, in which it certified that there are no longer any CISWI
units currently operating in Indiana.\2\
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\2\ Previously, an incinerator located at Covance Laboratories,
Inc. was listed by Indiana as subject to the CISWI. In a letter
dated June 18, 2018, however, EPA determined that Covance's
incinerator was not a ``CISWI unit'' under the regulations.
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B. Sewage Sludge Incineration Units
IDEM submitted a SSI state plan on February 27, 2013. EPA approved
the state plan and it became effective on August 12, 2013. 78 FR 34918.
On July 31, 2017, IDEM submitted its SSI withdrawal and negative
declaration, in which it certified that there are no longer any
existing SSI units currently operating in Indiana. Previously, IDEM
listed Belmont Advanced Wastewater Treatment Facility as having an
existing SSI. After modifications at the Belmont facility, however, the
SSI unit became subject to the NSPS under 40 CFR part 60 subpart LLLL.
Because there are no existing sources subject to the 2013 state plan,
IDEM is requesting to withdraw the 2013 state plan and replace it with
a negative declaration.
III. Proposed EPA Action
EPA is proposing to amend 40 CFR part 62 to reflect IDEM's
withdrawals and negative declarations for both CISWI and SSI
facilities. EPA received the CISWI and SSI negative declarations and
withdrawal requests by letters dated July 31, 2017.
IV. 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 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 SSI 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, Sewage sludge incineration
units, Reporting and recordkeeping requirements.
Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-21468 Filed 10-2-18; 8:45 am]
BILLING CODE 6560-50-P