80 FR 55548 - Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Sewage Sludge Incinerators

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 179 (September 16, 2015)

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act for the State of Missouri. This direct final action will amend the state plan to include a new plan and associated rule implementing emission guidelines for Sewage Sludge Incinerators published in the Federal Register on March 21, 2011.

[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Rules and Regulations]
[Pages 55548-55550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23296]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2015-0543; FRL-9933-95-Region 7]


Approval and Promulgation of Air Quality Implementation Plans for 
Designated Facilities and Pollutants; Missouri; Sewage Sludge 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the state plan for designated 
facilities and pollutants developed under sections 111(d) and 129 of 
the Clean Air Act for the State of Missouri. This direct final action 
will amend the state plan to include a new plan and associated rule 
implementing emission guidelines for Sewage Sludge Incinerators 
published in the Federal Register on March 21, 2011.

DATES: This direct final rule will be effective November 16, 2015, 
without further notice, unless EPA receives adverse comment by October 
16, 2015. If EPA receives adverse comment, we 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-R07-
OAR-2015-0543, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected]
    3. Mail or Hand Delivery: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0543. 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, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m., excluding legal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7028 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. Analysis of State Submittal
III. What Action is EPA taking?

I. Background

    The Clean Air Act (CAA) requires that state regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA. 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 
sewage sludge incineration units, including sewage sludge incineration 
(SSI) units. Section 129 mandates that all plan requirements be at 
least as protective and restrictive 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

[[Page 55549]]

emission guidelines and compliance times.
    On March 21, 2011, the EPA established emission guidelines and 
compliance times for existing SSI units. The emission guidelines and 
compliance times are codified at 40 CFR 60, Subpart MMMM.
    The state is issuing a new rule, 10 CSR 10-6.191 for SSI to meet 
its obligation for this Federal rule. The new rule incorporates by 
reference the Federal rule. The revised state plan is being issued 
concurrently with this new rulemaking.
    The state originally submitted the adopted plan and corresponding 
state rule to EPA on April 29, 2013. After submission to EPA, Missouri 
became aware of errors in the state plan and resubmitted a corrected 
version of the plan which EPA received on September 20, 2013. EPA has 
analyzed the corrected version.

II. Analysis of State Submittal

    The emission guidelines and compliance times are codified in 40 CFR 
60, subpart MMMM. State plans must contain specific information and the 
legal mechanisms necessary to implement the emission guidelines and 
compliance times. The requirements are as follows:
     Inventory of affected SSI units, including to the best of 
the state's knowledge, SSI units that have shut down and are capable of 
restarting.
     Inventory of emissions from affected SSI units in 
Missouri.
     Compliance schedules for all affected SSI units with a 
final compliance date no later than March 21, 2016 or three (3) years 
after the effective date of state plan approval, whichever is earlier.
     Emission limitations, emission standards, operator 
training and qualification requirements, and operating limits for 
affected SSI units that are at least as protective as the emission 
guidelines contained in Subpart MMMM.
     Testing, monitoring, and inspection requirements at least 
as protective as those in the emission guidelines.
     Performance testing, reporting and recordkeeping 
requirements at least as protective as those in the emission 
guidelines.
     Certification that the hearing on the State plan was held, 
a list of witnesses and organizational affiliations, if any, appearing 
at the hearing, and a brief written summary of each presentation or 
written submission.
     Provision for State progress reports to EPA.
     Identification of enforceable State mechanisms that were 
selected for implementing the emission guidelines of Subpart MMMM.
     Demonstration of Missouri's legal authority to carry out 
the sections 111(d) and 129 State plan.
    The Missouri plan includes documentation that all of these 
requirements have been met. The emission limits, testing, monitoring, 
reporting and recordkeeping requirements, and other aspects of the 
Federal rule have been adopted by reference. Missouri rule 10 CSR 10-
6.191 contains the applicable requirements for SSI units. The state 
provided documentation that it complied with the public notice and 
comment requirements of 40 CFR part 60 Subpart MMMM.

III. What action is EPA taking?

    Based on the rationale discussed above, EPA is approving Missouri's 
111(d) plan for Sewage Sludge Incinerators received on September 20, 
2013. We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the revision to the 111(d) plan. If 
adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    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 merely approves state law 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 rulemaking would approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 rule implementing 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 rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state 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 action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44

[[Page 55550]]

U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).
    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 proposed 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.
    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 16, 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 
today's 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 final rulemaking. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sewage sludge incinerators.

    Dated: September 3, 2015.
Becky Weber,
Acting 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 AA--Missouri


0
2. Add Sec.  62.6363 and an undesignated center heading to read as 
follows:

Air Emissions from Sewage Sludge Incinerator Units


Sec.  62.6363  Identification of plan.

    (a) On September 20, 2013, EPA received the Missouri Department of 
Natural Resources (MDNR) section 111(d)/129 plan for implementation and 
enforcement of 40 CFR part 60, subpart MMMM, Emission Guidelines and 
Compliance Times for Existing Sewage Sludge Incineration Units.
    (b) Identification of sources: The plan applies to existing sewage 
sludge incineration (SSI) units that:
    (1) Commenced construction on or before October 14, 2010, or
    (2) Commenced a modification on or before September 21, 2011, 
primarily to comply with Missouri's plan, and
    (3) Meets the definition of a SSI unit defined in MDNR's plan
    (c) The effective date of the plan for existing sewage sludge 
incineration units is February 5, 2013.
    (1) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.191 Sewage Sludge Incinerators was state 
effective May 30, 2013. The effective date of the amended plan is 
November 16, 2015.
    (2) [Reserved]

[FR Doc. 2015-23296 Filed 9-15-15; 8:45 am]
 BILLING CODE 6560-50-P