Approval of State Plans for Designated Facilities and Pollutants; Kansas; Sewage Sludge Incineration Units, 8262-8263 [2019-04051]
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
PART 61—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
3. The authority citation for part 61
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 61.04
[Amended]
4. In § 61.04(c)(8), remove ‘‘March 15,
2019’’ and add in its place ‘‘April 30,
2019’’ and remove ‘‘December 17, 2018’’
and add in its place ‘‘February 26,
2019’’.
■
PART 70—STATE OPERATING PERMIT
PROGRAMS
5. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Appendix A to Part 70 [Amended]
6. In appendix A to part 70, the entry
for North Dakota paragraph (d), remove
‘‘March 15, 2019’’ and add in its place
‘‘April 30, 2019’’ and remove ‘‘March
19, 2020’’ and add in its place ‘‘May 1,
2020’’.
■
[FR Doc. 2019–03869 Filed 3–6–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2018–0812; FRL–9989–73–
Region 7]
Approval of State Plans for Designated
Facilities and Pollutants; Kansas;
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is accepting the negative
declaration submitted by the State of
Kansas, for Sewage Sludge Incineration
(SSI) units. This negative declaration
submitted by the Kansas Department of
Health and Environment (KDHE)
certifies that SSI units subject to
sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist within the
jurisdiction of the State of Kansas. The
EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
DATES: This final rule will be effective
April 8, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0812. All
documents in the docket are listed on
amozie on DSK9F9SC42PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:17 Mar 06, 2019
Jkt 247001
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Larry Gonzalez, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7041 or by email at
gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that
state regulatory agencies implement
emission guidelines and associated
compliance times using a state plan
developed under sections 111(d) and
129 of the CAA.
The general provisions for the
submittal and approval of state plans are
codified in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
Section 129 requires emission
guidelines to be promulgated for all
categories of solid waste incineration
units, including SSI units. SSI units are
defined at 40 CFR 60.5250 as an
incineration unit combusting sewage
sludge for the purpose of reducing the
volume of the sewage sludge by
removing combustible matter. Sewage
sludge incineration unit designs include
fluidized bed and multiple hearth. A
SSI unit also includes, but is not limited
to, the sewage sludge feed system,
auxiliary fuel feed system, grate system,
flue gas system, waste heat recovery
equipment, if any, and bottom ash
system. The SSI unit includes all ash
handling systems connected to the
bottom ash handling system. The
combustion unit bottom ash system
ends at the truck loading station or
similar equipment that transfers the ash
to final disposal. The SSI unit does not
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
include air pollution control equipment
or the stack.
Section 129 mandates that all plan
requirements be at least as protective as
the promulgated emission guidelines.
This includes fixed final compliance
dates, fixed compliance schedules, and
Title V permitting requirements for all
affected sources. Section 129 also
requires that state plans be submitted to
EPA within one year after EPA’s
promulgation of the emission guidelines
and compliance times.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA sections
111(d) and 129. If a state does not have
any existing SSI units for the relevant
emission guidelines, a letter can be
submitted certifying that no such units
exist within the state (i.e., negative
declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The
negative declaration exempts the state
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d)/129 plan.
On March 21, 2011, EPA finalized
emission guidelines for SSI units at 76
FR 15372, (found at 40 CFR part 60,
subpart MMMM). Following the 2011
final rule, KDHE determined that there
were two SSI units operating at a single
facility in Kansas, but those units were
permanently shut down on June 14,
2014 and September 7, 2016. Prior to
shutdown of the two units at the single
facility in Kansas, the two units were
regulated via the Federal plan under the
enforcement oversight of EPA Region 7.
In response and following the shutdown
of the units, KDHE submitted a negative
declaration for SSI units on April 30,
2018.
On December 26, 2018, the EPA
published in the Federal Register at 83
FR 66209, a rule proposing to accept
KDHE’s certification that there exists no
SSI units operating in the State of
Kansas Subject to 40 CFR part 60,
subpart MMMM. In response to this
proposal, EPA received no adverse
comments. Therefore, the EPA is
finalizing acceptance of KDHE’s
negative declaration submission made
on April 30, 2018. This action applies
to the state’s regulatory requirements for
existing facilities and not new sources.
II. What action is EPA taking?
In this rule, the EPA is amending 40
CFR part 62 to reflect receipt of the
negative declaration letter from the state
of Kanas (KDHE) certifying that there
are no existing SSI units subject to 40
CFR part 60, subpart MMMM, in
accordance with section 111(d) of the
CAA.
E:\FR\FM\07MRR1.SGM
07MRR1
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
amozie on DSK9F9SC42PROD with RULES
III. Statutory and Executive Orders
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011). 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 approves the
state’s negative declaration as meeting
Federal requirements and imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this
rulemaking will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action does not
impose an enforceable duty upon State,
local, or tribal governments, and does
not reduce or eliminate the amount of
authorization of Federal appropriations,
and because it contains no regulatory
requirements applicable to small
governments, this action 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 action 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). Thus Executive Order
13132 does not apply to this action.
This action merely approves a state’s
negative declaration submitted in
response to a Federal standard, and does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rulemaking also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) because it approves a
VerDate Sep<11>2014
16:17 Mar 06, 2019
Jkt 247001
state submission in response to a
Federal standard.
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Burden is defined at 5 CFR 1320.3(b).
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, sewage sludge
incineration units.
Dated: March 1, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR part 62
as set forth below:
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.
Subpart R—Kansas
2. Amend subpart R by adding an
undesignated center heading and
§ 62.4183 to read as follows:
■
Air Emissions From Existing Sewage
Sludge Incineration Units
§ 62.4183 Identification of plan—negative
declaration.
Letter from the Kansas Department of
Health and Environment submitted
April 30, 2018, certifying that there are
no sewage sludge incineration units
subject to 40 CFR part 60, subpart
MMMM.
[FR Doc. 2019–04051 Filed 3–6–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 180411364–9092–02]
RIN 0648–BH90
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to National Park Service’s
Research and Monitoring Activities in
Southern Alaska National Parks
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
8263
Final rule; issuance of Letters of
Authorization (LOA).
ACTION:
NMFS, upon request from the
National Park Service (NPS), hereby
issues regulations to govern the
unintentional taking of marine
mammals incidental to research and
monitoring activities in southern Alaska
over the course of five years (2019–
2024). These regulations, which allow
for the issuance of Letters of
Authorization (LOA) for the incidental
take of marine mammals during the
described activities and specified
timeframes, prescribe the permissible
methods of taking and other means of
effecting the least practicable adverse
impact on marine mammal species or
stocks and their habitat, as well as
requirements pertaining to the
monitoring and reporting of such taking.
In accordance with the Marine Mammal
Protection Act (MMPA), as amended,
and implementing regulations,
notification is hereby additionally given
that two LOAs have been issued to NPS
to take marine mammals incidental to
research and monitoring activities in
southern Alaska national parks.
DATES: Effective from March 7, 2019
through February 29, 2024.
FOR FURTHER INFORMATION CONTACT: Gray
Redding, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Availability
A copy of NPS’s application and any
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing
these documents, please call the contact
listed above (see FOR FURTHER
INFORMATION CONTACT).
Purpose and Need for Regulatory
Action
These regulations establish a
framework under the authority of the
Marine Mammal Protection Act
(MMPA) (16 U.S.C. 1361 et seq.) for
authorizing the take of marine mammals
incidental to NPS’s gull and climate
monitoring activities within Glacier Bay
National Park (GLBA NP) and marine
bird surveys in the Southwest Alaska
Inventory and Monitoring Network
(SWAN) region. Researchers conducting
these surveys may cause behavioral
disturbance (Level B harassment) of
harbor seals and Steller sea lions.
We received an application from NPS
requesting five-year regulations and
authorization to take harbor seals and
E:\FR\FM\07MRR1.SGM
07MRR1
Agencies
[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8262-8263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04051]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2018-0812; FRL-9989-73-Region 7]
Approval of State Plans for Designated Facilities and Pollutants;
Kansas; Sewage Sludge Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is accepting the
negative declaration submitted by the State of Kansas, for Sewage
Sludge Incineration (SSI) units. This negative declaration submitted by
the Kansas Department of Health and Environment (KDHE) certifies that
SSI units subject to sections 111(d) and 129 of the Clean Air Act (CAA)
do not exist within the jurisdiction of the State of Kansas. The EPA is
accepting the negative declaration in accordance with the requirements
of the CAA.
DATES: This final rule will be effective April 8, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2018-0812. 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., 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at
gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that state regulatory agencies
implement emission guidelines and associated compliance times using a
state plan developed under sections 111(d) and 129 of the CAA.
The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants. Section 129 requires emission guidelines to be promulgated
for all categories of solid waste incineration units, including SSI
units. SSI units are defined at 40 CFR 60.5250 as an incineration unit
combusting sewage sludge for the purpose of reducing the volume of the
sewage sludge by removing combustible matter. Sewage sludge
incineration unit designs include fluidized bed and multiple hearth. A
SSI unit also includes, but is not limited to, the sewage sludge feed
system, auxiliary fuel feed system, grate system, flue gas system,
waste heat recovery equipment, if any, and bottom ash system. The SSI
unit includes all ash handling systems connected to the bottom ash
handling system. The combustion unit bottom ash system ends at the
truck loading station or similar equipment that transfers the ash to
final disposal. The SSI unit does not include air pollution control
equipment or the stack.
Section 129 mandates that all plan requirements be at least as
protective as the promulgated emission guidelines. This includes fixed
final compliance dates, fixed compliance schedules, and Title V
permitting requirements for all affected sources. Section 129 also
requires that state plans be submitted to EPA within one year after
EPA's promulgation of the emission guidelines and compliance times.
States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d) and 129. If a state
does not have any existing SSI units for the relevant emission
guidelines, a letter can be submitted certifying that no such units
exist within the state (i.e., negative declaration) in lieu of a state
plan, in accordance with 40 CFR 60.5010. The negative declaration
exempts the state from the requirements of subpart B that would
otherwise require the submittal of a CAA section 111(d)/129 plan.
On March 21, 2011, EPA finalized emission guidelines for SSI units
at 76 FR 15372, (found at 40 CFR part 60, subpart MMMM). Following the
2011 final rule, KDHE determined that there were two SSI units
operating at a single facility in Kansas, but those units were
permanently shut down on June 14, 2014 and September 7, 2016. Prior to
shutdown of the two units at the single facility in Kansas, the two
units were regulated via the Federal plan under the enforcement
oversight of EPA Region 7. In response and following the shutdown of
the units, KDHE submitted a negative declaration for SSI units on April
30, 2018.
On December 26, 2018, the EPA published in the Federal Register at
83 FR 66209, a rule proposing to accept KDHE's certification that there
exists no SSI units operating in the State of Kansas Subject to 40 CFR
part 60, subpart MMMM. In response to this proposal, EPA received no
adverse comments. Therefore, the EPA is finalizing acceptance of KDHE's
negative declaration submission made on April 30, 2018. This action
applies to the state's regulatory requirements for existing facilities
and not new sources.
II. What action is EPA taking?
In this rule, the EPA is amending 40 CFR part 62 to reflect receipt
of the negative declaration letter from the state of Kanas (KDHE)
certifying that there are no existing SSI units subject to 40 CFR part
60, subpart MMMM, in accordance with section 111(d) of the CAA.
[[Page 8263]]
III. Statutory and Executive Orders
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). 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 approves the state's negative declaration as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rulemaking will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action does not impose an
enforceable duty upon State, local, or tribal governments, and does not
reduce or eliminate the amount of authorization of Federal
appropriations, and because it contains no regulatory requirements
applicable to small governments, this action 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 action 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). Thus Executive Order 13132 does not apply to this action.
This action merely approves a state's negative declaration submitted in
response to a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rulemaking also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) because it approves a state
submission in response to a Federal standard.
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Burden is defined at 5 CFR 1320.3(b).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, sewage sludge incineration units.
Dated: March 1, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 62
as set forth below:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart R--Kansas
0
2. Amend subpart R by adding an undesignated center heading and Sec.
62.4183 to read as follows:
Air Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.4183 Identification of plan--negative declaration.
Letter from the Kansas Department of Health and Environment
submitted April 30, 2018, certifying that there are no sewage sludge
incineration units subject to 40 CFR part 60, subpart MMMM.
[FR Doc. 2019-04051 Filed 3-6-19; 8:45 am]
BILLING CODE 6560-50-P