80 FR 10608 - Promulgation of State Air Quality Implementation Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range		10608-10610
FR Document		2015-03922

The Environmental Protection Agency (EPA) is taking direct final action publishing negative declarations for sewage sludge incineration (SSI) units for: the State of Colorado, the State of Montana, the State of North Dakota, the State of South Dakota, the State of Utah, and the State of Wyoming. Each state notified EPA in its negative declaration letter that there are no SSI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdictional boundaries of their state. EPA is accepting the negative declarations in accordance with the requirements of the CAA.

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015)

[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Rules and Regulations]
[Pages 10608-10610]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-03922]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2014-0811; FRL-9923-24-Region 8]

Promulgation of State Air Quality Implementation Plans for
Designated Facilities and Pollutants: Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming; Negative Declarations; Control of
Emissions From Existing Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action publishing negative declarations for sewage sludge
incineration (SSI) units for: the State of Colorado, the State of
Montana, the State of North Dakota, the State of South Dakota, the
State of Utah, and the State of Wyoming. Each state notified EPA in its
negative declaration letter that there are no SSI units subject to the
requirements of sections 111(d) and 129 of the Clean Air Act (CAA)
within the jurisdictional boundaries of their state. EPA is accepting
the negative declarations in accordance with the requirements of the
CAA.

DATES: This rule is effective on April 28, 2015 without further notice,
unless EPA receives adverse comments by March 30, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0811, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: morrison.kendra@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT section if you are faxing
comments).
Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0811.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or
email. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA, without going through http://www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, see
Section I, General Information of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Kendra Morrison, Air Program, 1595
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6145,
morrison.kendra@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
A. Colorado
B. Montana
C. North Dakota
D. South Dakota
E. Utah
F. Wyoming
III. Final Action
IV. Statutory and Executive Orders Review

Definitions

For the purpose of this document, we are giving meaning to certain
words and initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The initials EG mean emission guidelines.
(iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iv) The initials NSPS mean new source performance standards.

[[Page 10609]]

(v) The initials SSI mean sewage sludge incineration.

I. General Information

A. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.

II. Background

EPA's statutory authority for the regulation of new and existing
solid waste incineration units is outlined in CAA sections 111 and 129.
Section 129 of the CAA is specific to solid waste combustion, and
requires EPA to establish performance standards for each category of
solid waste incineration units. Section 111 of the Act gives EPA the
statutory authority to promulgate new source performance standards
(NSPS), applicable to new units, and/or emission guidelines (EG) for
existing units. EG are implemented and enforced through either an EPA-
approved state plan or a promulgated federal plan. If a state does not
have any existing solid waste incineration units for the relevant EG,
the state shall submit a letter to EPA certifying that no such units
exist within the state (i.e., negative declaration) in lieu of a state
plan.
A SSI unit is a solid waste incinerator located at a wastewater
treatment facility designed to treat domestic sewage sludge. On March
21, 2011 (76 FR 15372), EPA promulgated (40 CFR part 60) NSPS for new
SSI units (subpart LLLL) and EG for existing SSI units (subpart MMMM).
Existing SSI units are units that commenced construction on or before
October 14, 2010. The State of Colorado, the State of Montana, the
State of North Dakota, the State of South Dakota, the State of Utah,
and the State of Wyoming each determined, through negative
declarations, that there are no existing SSI units subject to CAA
sections 111 and 129 within the jurisdictional boundaries of their
state.

A. Colorado

Colorado Department of Public Health and Environment submitted a
negative declaration on April 3, 2013, certifying the Air Pollution
Control Division identified no SSI units affected by the EG.

B. Montana

Montana Department of Environmental Quality submitted a negative
declaration on December 10, 2013, certifying no SSI units covered under
40 CFR 60, subpart MMMM.

C. North Dakota

North Dakota Department of Health submitted a negative declaration
on November 27, 2012, certifying no SSI units covered under 40 CFR 60,
subpart MMMM.

D. South Dakota

South Dakota Department of Environment and Natural Resources
submitted a negative declaration on November 21, 2012, certifying no
SSI units subject to 40 CFR 60, subpart MMMM.

E. Utah

Utah Department of Environmental Quality submitted a negative
declaration on December 23, 2013, certifying no existing SSI units.

F. Wyoming

Wyoming Department of Environmental Quality submitted a negative
declaration dated February 28, 2013, certifying no SSI units operating
within the state.
Under subpart MMMM, Emission Guidelines and Compliance Times for
Existing Sewage Sludge Incineration Units, EPA has no formal review
process for negative declaration letters (40 CFR 60.5030).

III. Final Action

EPA is publishing the negative declarations for existing SSI units
for the State of Colorado, the State of Montana, the State of North
Dakota, the State of South Dakota, the State of Utah, and the State of
Wyoming. The negative declarations satisfy the requirements of 40 CFR
62.06 and will serve in lieu of CAA section 111(d)/129 state plans for
the specified states and source category.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to publish the negative declarations
should relevant adverse comments be filed. This rule will be effective
April 28, 2015 without further notice unless the Agency receives
relevant adverse comments by March 30, 2015.
If the EPA receives adverse comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

IV. Statutory and Executive Orders Review

This final action merely publishes some state negative declarations
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 Order
12866 (58 FR 51735, October 4, 1993);

[[Page 10610]]

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 rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not have a substantial direct effect on one or more
Indian tribes, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 28, 2015. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

Environmental protection, Air pollution control, Solid waste
incineration, Sewage sludge incineration.

Dated: January 30, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

40 CFR part 62 is amended to read 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.

Subpart G--Colorado

0
2. Subpart G is amended by adding an undesignated center heading and
Sec. 62.1390 to read as follows: