80 FR 24220 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Texas, Oklahoma, Arkansas, New Mexico, and the City of Albuquerque, New Mexico; Control of Emissions From Existing Sewage Sludge Incinerator Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 83 (April 30, 2015)
Federal Register Volume 80, Issue 83 (April 30, 2015)
| Page Range | 24220-24222 | |
| FR Document | 2015-10043 |
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)] [Rules and Regulations] [Pages 24220-24222] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10043] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R06-OAR-2013-0763; FRL-9927-00-Region 6] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Texas, Oklahoma, Arkansas, New Mexico, and the City of Albuquerque, New Mexico; Control of Emissions From Existing Sewage Sludge Incinerator Units AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve Clean Air Act (CAA) section 111(d)/129 negative declarations for the States of Texas, Oklahoma, Arkansas, New Mexico, and the City of Albuquerque, New Mexico, for existing sewage sludge incinerator (SSI) units. These negative declarations certify that existing SSI units subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictions of Texas, Oklahoma, Arkansas, and New Mexico (including the City of Albuquerque). EPA is accepting the negative declarations in accordance with the requirements of the CAA. DATES: This rule is effective on June 29, 2015 without further notice, unless EPA receives relevant adverse comment by June 1, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2013-0763, by one of the following methods:www.regulations.gov. Follow the online instructions. Email: Mr. Kenneth W. Boyce at [email protected]. Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Instructions: Direct your comments to Docket No. EPA-R06-OAR-2013- 0763. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or email. The 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 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. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, (214) 665-7259, email address [email protected]. To inspect the hard copy materials please contact Mr. Boyce or Mr. Bill Deese at (214) 665-6645. SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' ``us'' and ``our'' means the EPA. Outline I. Background II. Final Action III. Statutory and Executive Order Reviews I. Background EPA's statutory authority for the regulation of new and existing solid waste incineration units is outlined in CAA sections 129 and 111. 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. These standards include new source performance standards (NSPS), applicable to new units, and emissions guidelines and other requirements applicable to [[Page 24221]] existing units. Under CAA section 129, an NSPS or emissions guideline must contain numerical emissions limitations for particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. While the NSPS is directly applicable to affected facilities, the emissions guidelines for existing units are intended for states to use in order to develop a state plan to submit to EPA. Once approved by EPA, the state plan becomes federally enforceable. If a State does not submit an approvable state plan to EPA, EPA is responsible for developing, implementing, and enforcing a federal plan. While section 129 of the CAA is specific to the combustion of solid waste, it also relies on CAA section 111 in promulgating the NSPS and emissions guidelines. Section 111 of the CAA gives EPA the statutory authority to promulgate an NSPS and/or emissions guideline for certain categories of stationary sources, and describes the procedural requirements for the development and implementation of these standards. More specifically, CAA section 111(d) requires EPA to establish procedures for States to submit a state plan to EPA for the regulation of existing sources whenever emissions guidelines are promulgated. 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. 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 solid waste incineration units for the relevant emissions guidelines, 40 CFR 60.23(b) and 62.06 provide that a letter may be submitted certifying that no such units exist within the State (i.e., negative declaration) in lieu of a state plan. 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 promulgated new source performance standards (40 CFR part 60, subpart LLLL) for new SSI units, and emission guidelines (40 CRF part 60, subpart MMMM), for existing SSI units. Existing SSI units are units that commenced construction on or before October 14, 2010. The Texas Commission on Environmental Quality (TCEQ), Oklahoma Department of Environmental Quality (ODEQ), Arkansas Department of Environmental Quality (ADEQ), New Mexico Environment Department (NMED) and the City of Albuquerque, New Mexico have each determined that there are no existing SSI units subject to CAA sections 111(d) and 129 requirements in their individual air pollution control jurisdictions. In order to fulfill obligations under CAA sections 111(d) and 129, TCEQ, ODEQ, ADEQ, NMED and the City of Albuquerque, New Mexico submitted negative declaration letters to EPA on January 28, 2013, November 14, 2011, May 21, 2012, October 6, 2011 and September 12, 2011, respectively. The submittal of these declarations exempts TCEQ, ODEQ, ADEQ, NMED and the City of Albuquerque, New Mexico from the requirement to submit a state plan for existing SSI units. II. Final Action In this Direct Final action, EPA is amending part 62 to reflect receipt of the negative declaration letters from the TCEQ, ODEQ, ADEQ, NMED and the City of Albuquerque, New Mexico, certifying that there are no existing SSI units subject to 40 CFR part 60, subpart MMMM, in their respective jurisdictions, in accordance with 40 CFR 60.5010, 40 CFR 62.06, and Section 111(d) of the CAA. If a designated facility (i.e., existing SSI unit) is later found within any noted jurisdiction after publication of this Federal Register action, then the overlooked facility will become subject to the requirements of the Federal plan for that designated facility, including the compliance schedule. The Federal plan will no longer apply, if we subsequently receive and approve the 111(d) plan from the jurisdiction with the overlooked facility. EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the negative declarations if relevant adverse comments are received. This rule will be effective on June 29, 2015 without further notice unless we receive relevant adverse comment by June 1, 2015. If we receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. III. Statutory and Executive Order Reviews A. General Requirements 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 by the Office of Management and Budget. 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 merely notifies the public of EPA receipt of negative declarations from air pollution control agencies without any existing SSI units in their jurisdiction. This action imposes no requirements. Accordingly, EPA 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 action 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 also does not have Tribal implications because it will not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, 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 approves a negative declaration for SSI units, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. With regard to negative declarations for SSI units 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 [[Page 24222]] to disapprove a 111(d)/129 plan negative declaration submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a 111(d)/129 plan negative declaration submission, to use VCS in place of a 111(d)/129 plan submission that otherwise satisfies the provisions of the CAA. 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.). B. Submission to Congress and the Comptroller General 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 rule 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. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review 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 June 29, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action approving a negative declaration for SSI units may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal. Dated: April 16, 2015. Ron Curry, Regional Administrator, Region 6. 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. Subpart E--Arkansas 0 2. Subpart E is amended by adding an undesignated center heading and Sec. 62.856 to read as follows: Emissions From Existing Sewage Sludge Incinerator Units Sec. 62.856 Identification of sources--negative declaration. Letter from the Arkansas Department of Environmental Quality, dated May 21, 2012, certifying that there are no known existing sewage sludge incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, within its jurisdiction. Subpart GG--New Mexico 0 3. Subpart GG is amended by adding an undesignated center heading and Sec. 62.7892 to read as follows: Emissions From Existing Sewage Sludge Incinerator Units Sec. 62.7892 Identification of sources. (a) Negative declaration for the State of New Mexico excluding Bernalillo County. Letter from the New Mexico Environment Department, dated October 6, 2011, certifying that there are no known existing sewage sludge incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, within its jurisdiction, excluding Bernalillo County, New Mexico. (b) Negative declaration for Bernalillo County. Letter from the City of Albuquerque Air Pollution Control Division, dated September 12, 2011, certifying that there are no known existing sewage sludge incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, within the jurisdiction of the City of Albuquerque and Bernalillo County, New Mexico. Subpart LL--Oklahoma 0 4. Subpart LL is amended by adding an undesignated center heading and Sec. 62.9121 to read as follows: Emissions From Existing Sewage Sludge Incinerator Units Sec. 62.9121 Identification of sources--negative declaration. Letter from the Oklahoma Department of Environmental Quality, dated November 14, 2011, certifying that there are no known existing sewage sludge incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, within its jurisdiction. Subpart SS--Texas 0 5. Subpart SS is amended by adding an undesignated center heading and Sec. 62.10912 to read as follows: Emissions From Existing Sewage Sludge Incinerator Units Sec. 62.10912 Identification of sources--negative declaration. Letter from the Texas Commission on Environmental Quality, dated January 28, 2013, certifying that there are no existing sewage sludge incineration (SSI) units subject to the requirements of 40 CFR part 60, subpart MMMM, within its jurisdiction. [FR Doc. 2015-10043 Filed 4-29-15; 8:45 am] BILLING CODE 6560-50-P
![24220 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
raised in the petitions for ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute.
reconsideration of the final MATS rule AGENCY Do not submit information that you
and the Utility NSPS. consider to be CBI or otherwise
40 CFR Part 62 protected through www.regulations.gov
On April 21, 2015, the Administrator,
[EPA–R06–OAR–2013–0763; FRL–9927–00– or email. The www.regulations.gov Web
Gina McCarthy, signed letters to
Region 6] site is an ‘‘anonymous access’’ system,
petitioners denying the remaining issues
which means EPA will not know your
in the petitions for reconsideration. The identity or contact information unless
Approval and Promulgation of State
EPA carefully reviewed the petitions Plans for Designated Facilities and you provide it in the body of your
and evaluated each issue raised in the Pollutants; Texas, Oklahoma, comment. If you send an email
petitions for reconsideration to Arkansas, New Mexico, and the City of comment directly to EPA without going
determine if they meet the CAA section Albuquerque, New Mexico; Control of through www.regulations.gov your email
307(d)(7)(B) criteria for reconsideration. Emissions From Existing Sewage address will be automatically captured
The EPA denied the remaining issues in Sludge Incinerator Units and included as part of the comment
the petitions for reconsideration because that is placed in the public docket and
they do not meet the criteria for AGENCY: Environmental Protection made available on the Internet. If you
reconsideration and/or are moot as Agency (EPA). submit an electronic comment, EPA
explained in detail in the ACTION: Direct final rule. recommends that you include your
Reconsideration Response Document. name and other contact information in
SUMMARY: The Environmental Protection
That document articulates in detail the the body of your comment and with any
Agency (EPA) is taking direct final
rationale for the EPA’s final response to disk or CD–ROM you submit. If EPA
action to approve Clean Air Act (CAA)
each of the remaining issues in the cannot read your comment due to
section 111(d)/129 negative declarations
petitions for reconsideration received on technical difficulties and cannot contact
for the States of Texas, Oklahoma,
the final MATS rule and the Utility you for clarification, EPA may not be
Arkansas, New Mexico, and the City of
able to consider your comment.
NSPS. Albuquerque, New Mexico, for existing
Electronic files should avoid the use of
As explained in the Reconsideration sewage sludge incinerator (SSI) units.
special characters, any form of
Response Document, a significant These negative declarations certify that encryption, and be free of any defects or
majority of the issues raised in the existing SSI units subject to the viruses.
petitions for reconsideration were or requirements of sections 111(d) and 129 Docket: The index to the docket for
could have been raised in comments on of the CAA do not exist within the this action is available electronically at
jurisdictions of Texas, Oklahoma, www.regulations.gov and in hard copy
the proposed MATS and Utility NSPS.
Arkansas, and New Mexico (including at EPA Region 6, 1445 Ross Avenue,
In addition, many of the parties that
the City of Albuquerque). EPA is Suite 700, Dallas, Texas. While all
filed petitions for reconsideration of the
accepting the negative declarations in documents in the docket are listed in
final MATS and Utility NSPS also filed accordance with the requirements of the
petitions for review of the final rules in the index, some information may be
CAA. publicly available only at the hard copy
the United States Court of Appeals for
DATES: This rule is effective on June 29, location (e.g., copyrighted material), and
the District of Columbia Circuit (Court 2015 without further notice, unless EPA some may not be publicly available at
or D.C. Circuit). Many of the issues receives relevant adverse comment by either location (e.g., CBI).
raised in the petitions for June 1, 2015. If EPA receives such FOR FURTHER INFORMATION CONTACT: Mr.
reconsideration were also raised in the comment, EPA will publish a timely Kenneth Boyce, (214) 665–7259, email
D.C. Circuit litigation, and other withdrawal in the Federal Register address boyce.kenneth@epa.gov. To
reconsideration issues could have been informing the public that this rule will inspect the hard copy materials please
raised in that litigation. On April 15, not take effect. contact Mr. Boyce or Mr. Bill Deese at
2014, the Court denied all petitions for ADDRESSES: Submit your comments, (214) 665–6645.
review of MATS and the Utility NSPS. identified by Docket No. EPA–R06– SUPPLEMENTARY INFORMATION:
White Stallion Energy Center v. EPA, OAR–2013–0763, by one of the Throughout this document, ‘‘we’’ ‘‘us’’
784 F.3d 1222 (D.C. Cir. 2014); cert. following methods: and ‘‘our’’ means the EPA.
granted, State of Michigan v. EPA, No. • www.regulations.gov. Follow the
14–46 (and consolidated cases). As the online instructions. Outline
Court may only consider issues raised • Email: Mr. Kenneth W. Boyce at I. Background
during the period for public comment, boyce.kenneth@epa.gov. II. Final Action
issues raised in the litigation and • Mail or delivery: Mr. Guy III. Statutory and Executive Order Reviews
addressed by the Court clearly do not Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection I. Background
meet the criteria for reconsideration in
Agency, 1445 Ross Avenue, Suite 1200, EPA’s statutory authority for the
CAA section 307(d)(7)(B). Moreover,
Dallas, Texas 75202–2733. regulation of new and existing solid
parties may not use this final action
Instructions: Direct your comments to waste incineration units is outlined in
denying reconsideration as a basis to Docket No. EPA–R06–OAR–2013–0763. CAA sections 129 and 111. Section 129
litigate issues that could have been EPA’s policy is that all comments of the CAA is specific to solid waste
raised in the initial litigation. received will be included in the public combustion and requires EPA to
docket without change and may be establish performance standards for
rmajette on DSK2VPTVN1PROD with RULES
Dated: April 21, 2015.
Gina McCarthy, made available online at each category of solid waste
Administrator. www.regulations.gov, including any incineration units. These standards
personal information provided, unless include new source performance
[FR Doc. 2015–10118 Filed 4–29–15; 8:45 am]
the comment includes information standards (NSPS), applicable to new
BILLING CODE 6560–50–P
claimed to be Confidential Business units, and emissions guidelines and
Information (CBI) or other information other requirements applicable to
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![24222 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
to disapprove a 111(d)/129 plan List of Subjects in 40 CFR Part 62 Subpart LL—Oklahoma
negative declaration submission for Environmental protection,
failure to use VCS. It would thus be Administrative practice and procedure, ■ 4. Subpart LL is amended by adding
inconsistent with applicable law for Air pollution control, Intergovernmental an undesignated center heading and
EPA, when it reviews a 111(d)/129 plan relations, Reporting and recordkeeping § 62.9121 to read as follows:
negative declaration submission, to use requirements, Waste treatment and Emissions From Existing Sewage Sludge
VCS in place of a 111(d)/129 plan disposal. Incinerator Units
submission that otherwise satisfies the
provisions of the CAA. Thus, the Dated: April 16, 2015. § 62.9121 Identification of sources—
requirements of section 12(d) of the Ron Curry, negative declaration.
National Technology Transfer and Regional Administrator, Region 6. Letter from the Oklahoma Department
advancement Act of 1995 (15 U.S.C. 272 40 CFR part 62 is amended as follows: of Environmental Quality, dated
note) do not apply. This rule does not November 14, 2011, certifying that there
impose an information collection PART 62—APPROVAL AND are no known existing sewage sludge
burden under the provisions of the PROMULGATION OF STATE PLANS incineration (SSI) units subject to 40
Paperwork Reduction Act of 1995 (44 FOR DESIGNATED FACILITIES AND CFR part 60, subpart MMMM, within its
U.S.C. 3501 et seq.). POLLUTANTS jurisdiction.
B. Submission to Congress and the ■ 1. The authority citation for part 62 Subpart SS—Texas
Comptroller General continues to read as follows:
The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. ■ 5. Subpart SS is amended by adding
U.S.C. 801 et seq., as added by the Small an undesignated center heading and
Subpart E—Arkansas § 62.10912 to read as follows:
Business Regulatory Enforcement
Fairness Act of 1996, generally provides ■ 2. Subpart E is amended by adding an Emissions From Existing Sewage Sludge
that before a rule may take effect, the undesignated center heading and Incinerator Units
agency promulgating the rule must § 62.856 to read as follows:
submit a rule report, which includes a § 62.10912 Identification of sources—
copy of the rule, to each House of the Emissions From Existing Sewage Sludge negative declaration.
Congress and to the Comptroller General Incinerator Units Letter from the Texas Commission on
of the United States. EPA will submit a Environmental Quality, dated January
§ 62.856 Identification of sources—
report containing this rule and other negative declaration.
28, 2013, certifying that there are no
required information to the U.S. Senate, existing sewage sludge incineration
Letter from the Arkansas Department (SSI) units subject to the requirements
the U.S. House of Representatives, and of Environmental Quality, dated May
the Comptroller General of the United of 40 CFR part 60, subpart MMMM,
21, 2012, certifying that there are no within its jurisdiction.
States prior to publication of the rule in known existing sewage sludge
the Federal Register. This rule is not a [FR Doc. 2015–10043 Filed 4–29–15; 8:45 am]
incineration (SSI) units subject to 40
‘‘major rule’’ as defined by 5 U.S.C. CFR part 60, subpart MMMM, within its
BILLING CODE 6560–50–P
804(2). jurisdiction.
C. Petitions for Judicial Review
Subpart GG—New Mexico DEPARTMENT OF HEALTH AND
Under section 307(b)(1) of the CAA, HUMAN SERVICES
petitions for judicial review of this ■ 3. Subpart GG is amended by adding
action must be filed in the United States an undesignated center heading and Centers for Medicare & Medicaid
Court of Appeals for the appropriate § 62.7892 to read as follows: Services
circuit by June 29, 2015. Filing a Emissions From Existing Sewage Sludge
petition for reconsideration by the 42 CFR Parts 405 and 418
Incinerator Units
Administrator of this final rule does not [CMS–1609–CN]
affect the finality of this rule for the § 62.7892 Identification of sources.
purposes of judicial review nor does it (a) Negative declaration for the State RIN 0938–AS10
extend the time within which a petition of New Mexico excluding Bernalillo Medicare Program; FY 2015 Hospice
for judicial review may be filed, and County. Letter from the New Mexico Wage Index and Payment Rate Update;
shall not postpone the effectiveness of Environment Department, dated October Hospice Quality Reporting
such rule or action. Parties with 6, 2011, certifying that there are no Requirements and Process and
objections to this direct final rule are known existing sewage sludge Appeals for Part D Payment for Drugs
encouraged to file a comment in incineration (SSI) units subject to 40 for Beneficiaries Enrolled in Hospice;
response to the parallel notice of CFR part 60, subpart MMMM, within its Correction
proposed rulemaking for this action jurisdiction, excluding Bernalillo
published in the proposed rules section County, New Mexico. AGENCY: Centers for Medicare &
of this Federal Register, rather than file (b) Negative declaration for Bernalillo Medicaid Services (CMS), HHS.
an immediate petition for judicial County. Letter from the City of ACTION: Final rule; correction.
review of this direct final rule, so that Albuquerque Air Pollution Control
EPA can withdraw this direct final rule Division, dated September 12, 2011, This document corrects
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
and address the comment in the certifying that there are no known technical errors that appeared in the
proposed rulemaking. This action existing sewage sludge incineration final rule published in the Federal
approving a negative declaration for SSI (SSI) units subject to 40 CFR part 60, Register on August 22, 2014 entitled
units may not be challenged later in subpart MMMM, within the jurisdiction ‘‘Medicare Program; FY 2015 Hospice
proceedings to enforce its requirements. of the City of Albuquerque and Wage Index and Payment Rate Update;
(See section 307(b)(2).) Bernalillo County, New Mexico. Hospice Quality Reporting
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Document Created: 2018-02-21 10:15:08
Document Modified: 2018-02-21 10:15:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on June 29, 2015 without further notice, unless EPA receives relevant adverse comment by June 1, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Mr. Kenneth Boyce, (214) 665-7259, | |
| FR Citation | 80 FR 24220 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
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