Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Maryland; Control of Emissions From Existing Sewage Sludge Incineration Units, 42807-42808 [2020-14577]

Download as PDF Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules that seek to continue to operate under existing facility-specific control plans for VOC and NOX. The Facility had existing facility-specific control plans that were approved prior to May 19, 2009 and submitted its facility-specific control plan by August 17, 2009, as required under NJAC 7:27–16.17(c)(3) for VOC and under NJAC 7:27– 19.13(a)(3) for NOX. As stated, the Facility underwent a change in ownership to CMC Steel New Jersey but made no changes to its equipment. As a result, the Facility is entitled to rely on its previously approved facilityspecific control plans under both statutory provisions. IV. Incorporation by Reference In this document, we are proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are proposing to incorporate by reference the provisions described above in Section III. Proposed Action. The EPA has made, and will continue to make, these documents generally available electronically through https:// www.regulations.gov and in hard copy at the appropriate EPA regional office, 290 Broadway, 25th floor, New York, New York, 10007–1866. khammond on DSKJM1Z7X2PROD with PROPOSALS V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 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 VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 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, this proposed rule does not have tribal implications as specified by Executive Order 13175, because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compound. Authority: 42 U.S.C. 7401 et seq. Dated: June 30, 2020. Peter Lopez, Regional Administrator, Region 2. [FR Doc. 2020–14632 Filed 7–14–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 42807 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R03–OAR–2019–0527; FRL–10011– 14–Region 3] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Maryland; Control of Emissions From Existing Sewage Sludge Incineration Units Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the negative declaration submitted by the State of Maryland for Sewage Sludge Incineration (SSI) units. This negative declaration submitted by the Maryland Department of the Environment (MDE) 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 Maryland. This action is being taken under the CAA. DATES: Written comments must be received on or before August 14, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2019–0527 at https:// www.regulations.gov, or via email to Opila.MaryCate@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. SUMMARY: E:\FR\FM\15JYP1.SGM 15JYP1 42808 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–5795. Mr. Willson can also be reached via electronic mail at Willson.Matthew@ epa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with PROPOSALS I. Background The 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 Code of Federal Regulations (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 VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 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 (76 FR 15372), EPA finalized emission guidelines for SSI units at 40 CFR part 60, subpart MMMM. Following the 2011 final rule, MDE determined that there was one SSI facility in Maryland that met the applicability criteria for the Federal plan. On January 20, 2017, MDE submitted a letter to EPA requesting full delegation of authority to implement the SSI Federal plan. However, that facility has now permanently shut down and has relinquished its title V Permit to operate. Accordingly, MDE sent a negative declaration for SSI units on April 3, 2020. For additional background information on MDE’s negative declaration, see the documents that are available online at https:// www.regulations.gov, Docket No. EPA– R03–OAR–2019–0527. EPA is proposing to approve MDE’s negative declaration submission made on April 3, 2020. This action applies to the state’s regulatory requirements for existing facilities and not new sources. II. Proposed Action In this proposed action, EPA proposes to amend 40 CFR part 62 to reflect receipt of the negative declaration letter from MDE 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. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. III. Statutory and Executive Order Reviews EPA’s role with regard to negative declarations for designated facilities received by EPA from states is to notify the public of the receipt of such negative declarations and revise 40 CFR part 62 accordingly. This action merely proposes to approve the state’s negative declaration as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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); PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 • 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). In addition, this proposed rule, regarding the negative declaration of SSI units in Maryland, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because this action is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Administrative practice and procedure, Sewage sludge incineration units. Dated: June 25, 2020. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2020–14577 Filed 7–14–20; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\15JYP1.SGM 15JYP1

Agencies

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42807-42808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14577]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0527; FRL-10011-14-Region 3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; State of Maryland; Control of 
Emissions From Existing Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the negative declaration submitted by the State of Maryland for 
Sewage Sludge Incineration (SSI) units. This negative declaration 
submitted by the Maryland Department of the Environment (MDE) 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 Maryland. 
This action is being taken under the CAA.

DATES: Written comments must be received on or before August 14, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0527 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

[[Page 42808]]


FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5795. Mr. Willson can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The 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 Code of 
Federal Regulations (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 (76 FR 15372), EPA finalized emission guidelines 
for SSI units at 40 CFR part 60, subpart MMMM. Following the 2011 final 
rule, MDE determined that there was one SSI facility in Maryland that 
met the applicability criteria for the Federal plan. On January 20, 
2017, MDE submitted a letter to EPA requesting full delegation of 
authority to implement the SSI Federal plan. However, that facility has 
now permanently shut down and has relinquished its title V Permit to 
operate. Accordingly, MDE sent a negative declaration for SSI units on 
April 3, 2020.
    For additional background information on MDE's negative 
declaration, see the documents that are available online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2019-0527. EPA is proposing 
to approve MDE's negative declaration submission made on April 3, 2020. 
This action applies to the state's regulatory requirements for existing 
facilities and not new sources.

II. Proposed Action

    In this proposed action, EPA proposes to amend 40 CFR part 62 to 
reflect receipt of the negative declaration letter from MDE 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. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

III. Statutory and Executive Order Reviews

    EPA's role with regard to negative declarations for designated 
facilities received by EPA from states is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. This action merely proposes to approve the state's 
negative declaration as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed 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).
    In addition, this proposed rule, regarding the negative declaration 
of SSI units in Maryland, does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because this action is not approved to apply in Indian country located 
in the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Sewage sludge incineration units.

    Dated: June 25, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-14577 Filed 7-14-20; 8:45 am]
BILLING CODE 6560-50-P
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