Air Plan Approval; Indiana; Negative Declarations for Commercial and Industrial Solid Waste Incineration and Sewage Sludge Incineration Units for Designated Facilities and Pollutants, 3712-3714 [2019-02209]

Download as PDF 3712 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations 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). 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 15, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: December 21, 2018. James O. Payne, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. In § 52.770, the table in paragraph (e) is amended by adding an entry in alphabetical order for ‘‘Lake and Porter Counties 2008 8-hour Ozone Moderate Planning Elements’’ to read as follows: ■ § 52.770 * Identification of plan. * * (e) * * * * * EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS Title Indiana date * Lake and Porter Counties 2008 8-hour Ozone Moderate Planning Elements. * * 2/28/2017 and 1/9/2018 ..... * * EPA approval * 2/13/2019, [Insert Federal Register citation]. * [FR Doc. 2019–02212 Filed 2–12–19; 8:45 am] BILLING CODE 6560–50–P Explanation * * * * 2011 base year emissions inventory, Reasonable Further Progress (RFP) plan, RFP contingency measure plan, 2017 VOC and NOX motor vehicle emissions budgets, nonattainment new source review certification, VOC reasonable further progress certification, and enhanced motor vehicle inspection and maintenance program certification. * ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 khammond on DSKBBV9HB2PROD with RULES [EPA–R05–OAR–2018–0600; FRL–9989–36– 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). AGENCY: VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 * ACTION: * Final rule. 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 SUMMARY: E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations 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. On October 3, 2018, EPA published a notice of proposed rulemaking for these negative declarations. This final rule is effective on March 15, 2019. DATES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2018–0600. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or 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. ADDRESSES: 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 public comments were received on the proposed approval and what is EPA’s response? III. What action is EPA taking? IV. Statutory and Executive Order Reviews khammond on DSKBBV9HB2PROD with RULES I. Background 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 VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 CISWI units currently operating in Indiana.1 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. 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. On October 3, 2018, EPA published a notice of proposed rulemaking (NPRM) proposing notice of Indiana’s negative declarations for CISWI and SSI. The specific details of Indiana’s request and the rationale for EPA’s approval are discussed in the NPRM and will not be restated here. II. What public comments were received on the proposed approval and what is EPA’s response? EPA received one anonymous comment on its November 1, 2018, proposal. This comment addresses subjects outside the scope of our proposed action, does not explain (or provide a legal basis for) how the proposed action should differ in any way, and makes no specific mention of the substantive aspects of the proposed action. Therefore, this comment is not germane to this rulemaking and requires no further response. III. What action is EPA taking? EPA is notifying the public of EPA’s receipt of IDEM’s negative declarations for both CISWI and SSI facilities and amending 40 CFR part 62 to reflect both negative declarations. EPA received the CISWI and SSI negative declarations and withdrawal requests by letters dated July 31, 2017. In this action, EPA is finalizing its notification. EPA is also revising 40 CFR part 62.3660 and 62.3670 to reflect these notifications. 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 1 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. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 3713 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 E:\FR\FM\13FER1.SGM 13FER1 khammond on DSKBBV9HB2PROD with RULES 3714 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations 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.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 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 April 15, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Administrative practice and procedure, Air pollution control, Environmental protection, Commercial and Industrial Solid Waste Incinerators, Intergovernmental relations, Sewage VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 Sludge Incineration Units, Reporting and record-keeping requirements. Dated: December 21, 2018. James O. Payne, Acting 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 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. ■ 2. Revise § 62.3660 to read as follows: § 62.3660 Identification of plan—negative declaration. On July 31, 2017, the Indiana Department of Environmental Management submitted a negative declaration letter to EPA certifying that there are no existing Commercial and Industrial Solid Waste Incineration (CISWI) units in the State of Indiana subject to the emissions guidelines at 40 CFR part 60, subpart DDDD. ■ 3. Revise § 62.3670 to read as follows: § 62.3670 Identification of plan—negative declaration. On July 31, 2017, the Indiana Department of Environmental Management submitted a negative declaration letter to EPA certifying that there are no existing Sewage Sludge Incineration (SSI) units in the State of Indiana subject to the emissions guidelines at 40 CFR part 60, subpart MMMM. § 62.3671 [Removed and Reserved] 4. Section 62.3671 is removed and reserved. ■ § 62.3672 [Removed and Reserved] 5. Section 62.3672 is removed and reserved. ■ [FR Doc. 2019–02209 Filed 2–12–19; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 501, 511, 517, 532, 536, 543, 546, and 552 [GSAR Change 98; GSAR Case 2015–G503; Docket No. 2016–0015; Sequence No. 1] RIN 3090–AJ63 General Services Administration Acquisition Regulation (GSAR); Construction Contract Administration Office of Acquisition Policy, General Services Administration (GSA). AGENCY: PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 ACTION: Final rule. This final rule amends the General Services Administration Acquisition Regulation (GSAR) coverage on construction contracts, including provisions and clauses for solicitations and resultant contracts, to clarify, update, and incorporate existing construction contract administration procedures. This final rule includes new information collection requirements that will be submitted to OMB for review and approval. DATES: Effective Date: This final rule is effective on March 15, 2019. FOR FURTHER INFORMATION CONTACT: For clarification about content, contact Mr. Tony O. Hubbard, Acquisition Policy Division, by phone at 202–357–5810 or by email at tony.hubbard@gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory Secretariat division by mail at 1800 F Street NW, Washington, DC 20405, or by phone at 202–501–4755. Please cite the GSAR Case 2015–G503, Construction Contract Administration. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background GSA published a proposed rule in the Federal Register at 81 FR 62434 on September 9, 2016 to revise sections of GSAR part 536, Construction and Architect-Engineer Contracts, and related parts, to maintain consistency with the Federal Acquisition Regulation (FAR) and to clarify, update and incorporate existing construction contract administration guidance previously implemented through internal Public Building Service (PBS) policies. No comments were submitted on the proposed rule. II. Discussion and Analysis Beyond a minor technical correction, no changes were made to the rule. The minor technical correction regards GSAR Clause 552.243–71 Equitable Adjustments. The proposed rule discussion and analysis section noted incorrectly that only the prescription for this existing clause changed. The text of the clause in addition to the prescription is revised to include the changes clause for simplified acquisitions and the differing site conditions clause. The CFR amendments to the clause prescription and clause text identified in the proposed rule were correct. III. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866 of September 30, 1993, Regulatory Planning and Review, directs agencies to assess all costs and benefits of E:\FR\FM\13FER1.SGM 13FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3712-3714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02209]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0600; FRL-9989-36-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: Final 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

[[Page 3713]]

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. On October 3, 2018, EPA published a notice of 
proposed rulemaking for these negative declarations.

DATES: This final rule is effective on March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0600. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or 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 public comments were received on the proposed approval and 
what is EPA's response?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    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.\1\
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    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. 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.
    On October 3, 2018, EPA published a notice of proposed rulemaking 
(NPRM) proposing notice of Indiana's negative declarations for CISWI 
and SSI. The specific details of Indiana's request and the rationale 
for EPA's approval are discussed in the NPRM and will not be restated 
here.

II. What public comments were received on the proposed approval and 
what is EPA's response?

    EPA received one anonymous comment on its November 1, 2018, 
proposal. This comment addresses subjects outside the scope of our 
proposed action, does not explain (or provide a legal basis for) how 
the proposed action should differ in any way, and makes no specific 
mention of the substantive aspects of the proposed action. Therefore, 
this comment is not germane to this rulemaking and requires no further 
response.

III. What action is EPA taking?

    EPA is notifying the public of EPA's receipt of IDEM's negative 
declarations for both CISWI and SSI facilities and amending 40 CFR part 
62 to reflect both negative declarations. EPA received the CISWI and 
SSI negative declarations and withdrawal requests by letters dated July 
31, 2017. In this action, EPA is finalizing its notification. EPA is 
also revising 40 CFR part 62.3660 and 62.3670 to reflect these 
notifications.

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

[[Page 3714]]

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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 April 15, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Commercial and Industrial Solid Waste 
Incinerators, Intergovernmental relations, Sewage Sludge Incineration 
Units, Reporting and record-keeping requirements.

    Dated: December 21, 2018.
James O. Payne,
Acting 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.


0
2. Revise Sec.  62.3660 to read as follows:


Sec.  62.3660  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental 
Management submitted a negative declaration letter to EPA certifying 
that there are no existing Commercial and Industrial Solid Waste 
Incineration (CISWI) units in the State of Indiana subject to the 
emissions guidelines at 40 CFR part 60, subpart DDDD.

0
3. Revise Sec.  62.3670 to read as follows:


Sec.  62.3670  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental 
Management submitted a negative declaration letter to EPA certifying 
that there are no existing Sewage Sludge Incineration (SSI) units in 
the State of Indiana subject to the emissions guidelines at 40 CFR part 
60, subpart MMMM.


Sec.  62.3671  [Removed and Reserved]

0
4. Section 62.3671 is removed and reserved.


Sec.  62.3672  [Removed and Reserved]

0
5. Section 62.3672 is removed and reserved.

[FR Doc. 2019-02209 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P

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