80_FR_55727 80 FR 55548 - Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Sewage Sludge Incinerators

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)

Page Range55548-55550
FR Document2015-23296

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 Issue 179 (Wednesday, September 16, 2015)
[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]


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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: higbee.paula@epa.gov
    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 
higbee.paula@epa.gov.

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



                                           55548           Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

                                                                                            EPA-APPROVED MISSOURI REGULATIONS—Continued
                                                                                                                         State effective
                                               Missouri citation                            Title                                                        EPA approval date                  Explanation
                                                                                                                              date

                                                   *                            *                *                             *                          *                  *                   *
                                           10–6.390 .................   Control of NOX Emissions from Large                    10/30/13        9/16/15, [Insert Federal Register cita-
                                                                          Stationary Internal Combustion En-                                     tion].
                                                                          gines.

                                                       *                        *                       *                      *                         *                     *                 *



                                           *       *       *       *      *                             Instructions: Direct your comments to                 Certain other material, such as
                                           [FR Doc. 2015–23178 Filed 9–15–15; 8:45 am]                Docket ID No. EPA–R07–OAR–2015–                         copyrighted material, will be publicly
                                           BILLING CODE 6560–50–P
                                                                                                      0543. EPA may publish any comment                       available only in hard copy form.
                                                                                                      received to its public docket. Do not                   Publicly available docket materials are
                                                                                                      submit electronically any information                   available either electronically in
                                           ENVIRONMENTAL PROTECTION                                   you consider to be Confidential                         www.regulations.gov or in hard copy at
                                           AGENCY                                                     Business Information (CBI) or other                     the Environmental Protection Agency,
                                                                                                      information whose disclosure is                         Air Planning and Development Branch,
                                           40 CFR Part 62                                             restricted by statute. Multimedia                       11201 Renner Boulevard, Lenexa,
                                                                                                      submissions (audio, video, etc.) must be                Kansas 66219. The Regional Office’s
                                           [EPA–R07–OAR–2015–0543; FRL–9933–95–
                                           Region 7]                                                  accompanied by a written comment.                       official hours of business are Monday
                                                                                                      The written comment is considered the                   through Friday, 8:00 a.m. to 4:30 p.m.,
                                           Approval and Promulgation of Air                           official comment and should include                     excluding legal holidays. The interested
                                           Quality Implementation Plans for                           discussion of all points you wish to                    persons wanting to examine these
                                           Designated Facilities and Pollutants;                      make. EPA will generally not consider                   documents should make an
                                           Missouri; Sewage Sludge Incinerators                       comments or comment contents located                    appointment with the office at least 24
                                                                                                      outside of the primary submission (i.e.                 hours in advance.
                                           AGENCY: Environmental Protection                           on the web, cloud, or other file sharing                FOR FURTHER INFORMATION CONTACT:
                                           Agency (EPA).                                              system). For additional submission                      Paula Higbee, Environmental Protection
                                           ACTION: Direct final rule.                                 methods, the full EPA public comment                    Agency, Air Planning and Development
                                                                                                      policy, information about CBI or                        Branch, 11201 Renner Boulevard,
                                           SUMMARY:   The Environmental Protection
                                                                                                      multimedia submissions, and general                     Lenexa, Kansas 66219 at 913–551–7028
                                           Agency (EPA) is taking direct final
                                                                                                      guidance on making effective                            or by email at higbee.paula@epa.gov.
                                           action to approve revisions to the state
                                                                                                      comments, please visit http://                          SUPPLEMENTARY INFORMATION:
                                           plan for designated facilities and
                                                                                                      www2.epa.gov/dockets/commenting-                        Throughout this document ‘‘we,’’ ‘‘us,’’
                                           pollutants developed under sections
                                                                                                      epa-dockets. The www.regulations.gov                    or ‘‘our’’ refer to EPA. This section
                                           111(d) and 129 of the Clean Air Act for
                                                                                                      Web site is an ‘‘anonymous access’’                     provides additional information by
                                           the State of Missouri. This direct final
                                                                                                      system, which means EPA will not                        addressing the following:
                                           action will amend the state plan to
                                                                                                      know your identity or contact                           I. Background
                                           include a new plan and associated rule
                                                                                                      information unless you provide it in the                II. Analysis of State Submittal
                                           implementing emission guidelines for
                                                                                                      body of your comment. If you send an                    III. What Action is EPA taking?
                                           Sewage Sludge Incinerators published
                                                                                                      email comment directly to EPA without
                                           in the Federal Register on March 21,                                                                               I. Background
                                                                                                      going through www.regulations.gov,
                                           2011.                                                                                                                 The Clean Air Act (CAA) requires that
                                                                                                      your email address will be
                                           DATES:  This direct final rule will be                     automatically captured and included as                  state regulatory agencies implement the
                                           effective November 16, 2015, without                       part of the comment that is placed in the               emission guidelines and compliance
                                           further notice, unless EPA receives                        public docket and made available on the                 times using a state plan developed
                                           adverse comment by October 16, 2015.                       Internet. If you submit an electronic                   under sections 111(d) and 129 of the
                                           If EPA receives adverse comment, we                        comment, EPA recommends that you                        CAA. Section 111(d) establishes general
                                           will publish a timely withdrawal of the                    include your name and other contact                     requirements and procedures on state
                                           direct final rule in the Federal Register                  information in the body of your                         plan submittals for the control of
                                           informing the public that the rule will                    comment and with any disk or CD–ROM                     designated pollutants. Section 129
                                           not take effect.                                           you submit. If EPA cannot read your                     requires emission guidelines to be
                                           ADDRESSES: Submit your comments,                           comment due to technical difficulties                   promulgated for all categories of sewage
                                           identified by Docket ID No. EPA–R07–                       and cannot contact you for clarification,               sludge incineration units, including
                                           OAR–2015–0543, by one of the                               EPA may not be able to consider your                    sewage sludge incineration (SSI) units.
                                           following methods:                                         comment. Electronic files should avoid                  Section 129 mandates that all plan
                                              1. www.regulations.gov. Follow the                      the use of special characters, any form                 requirements be at least as protective
                                           on-line instructions for submitting                        of encryption, and be free of any defects               and restrictive as the promulgated
                                           comments.                                                  or viruses.                                             emission guidelines. This includes fixed
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                                              2. Email: higbee.paula@epa.gov                            Docket: All documents in the docket                   final compliance dates, fixed
                                              3. Mail or Hand Delivery: Paula                         are listed in the www.regulations.gov                   compliance schedules, and Title V
                                           Higbee, Environmental Protection                           index. Although listed in the index,                    permitting requirements for all affected
                                           Agency, Air Planning and Development                       some information is not publicly                        sources. Section 129 also requires that
                                           Branch, 11201 Renner Boulevard,                            available, i.e., CBI or other information               state plans be submitted to EPA within
                                           Lenexa, Kansas 66219.                                      whose disclosure is restricted by statute.              one year after EPA’s promulgation of the


                                      VerDate Sep<11>2014      13:48 Sep 15, 2015   Jkt 235001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700    E:\FR\FM\16SER1.SGM   16SER1


                                                        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations                                        55549

                                           emission guidelines and compliance                        • Identification of enforceable State               rulemaking will not have a significant
                                           times.                                                  mechanisms that were selected for                     economic impact on a substantial
                                             On March 21, 2011, the EPA                            implementing the emission guidelines of               number of small entities under the
                                           established emission guidelines and                     Subpart MMMM.                                         Regulatory Flexibility Act (5 U.S.C. 601
                                           compliance times for existing SSI units.                  • Demonstration of Missouri’s legal                 et seq.). Because this rulemaking would
                                           The emission guidelines and                             authority to carry out the sections                   approve pre-existing requirements
                                           compliance times are codified at 40 CFR                 111(d) and 129 State plan.                            under state law and does not impose
                                           60, Subpart MMMM.                                         The Missouri plan includes                          any additional enforceable duty beyond
                                             The state is issuing a new rule, 10                   documentation that all of these                       that required by state law, it does not
                                           CSR 10–6.191 for SSI to meet its                        requirements have been met. The                       contain any unfunded mandate or
                                           obligation for this Federal rule. The new               emission limits, testing, monitoring,                 significantly or uniquely affect small
                                           rule incorporates by reference the                      reporting and recordkeeping                           governments, as described in the
                                           Federal rule. The revised state plan is                 requirements, and other aspects of the                Unfunded Mandates Reform Act of 1995
                                           being issued concurrently with this new                 Federal rule have been adopted by                     (Pub. L. 104–4).
                                           rulemaking.                                             reference. Missouri rule 10 CSR 10–                      The SIP is not approved to apply on
                                             The state originally submitted the                    6.191 contains the applicable                         any Indian reservation land or in any
                                           adopted plan and corresponding state                    requirements for SSI units. The state                 other area where EPA or an Indian tribe
                                           rule to EPA on April 29, 2013. After                    provided documentation that it                        has demonstrated that a tribe has
                                           submission to EPA, Missouri became                      complied with the public notice and                   jurisdiction. In those areas of Indian
                                           aware of errors in the state plan and                   comment requirements of 40 CFR part                   country, the rule does not have tribal
                                           resubmitted a corrected version of the                  60 Subpart MMMM.                                      implications and will not impose
                                           plan which EPA received on September                    III. What action is EPA taking?                       substantial direct costs on tribal
                                           20, 2013. EPA has analyzed the                                                                                governments or preempt tribal law as
                                                                                                      Based on the rationale discussed                   specified by Executive Order 13175 (65
                                           corrected version.                                      above, EPA is approving Missouri’s                    FR 67249, November 9, 2000).
                                           II. Analysis of State Submittal                         111(d) plan for Sewage Sludge                            This action also does not have
                                                                                                   Incinerators received on September 20,                Federalism implications because it does
                                              The emission guidelines and
                                                                                                   2013. We are publishing this direct final             not have substantial direct effects on the
                                           compliance times are codified in 40 CFR
                                                                                                   rule without a prior proposed rule                    States, on the relationship between the
                                           60, subpart MMMM. State plans must
                                                                                                   because we view this as a                             national government and the States, or
                                           contain specific information and the
                                                                                                   noncontroversial action and anticipate                on the distribution of power and
                                           legal mechanisms necessary to
                                                                                                   no adverse comment. However, in the                   responsibilities among the various
                                           implement the emission guidelines and
                                                                                                   ‘‘Proposed Rules’’ section of this                    levels of government, as specified in
                                           compliance times. The requirements are
                                                                                                   Federal Register, we are publishing a                 Executive Order 13132 (64 FR 43255,
                                           as follows:
                                                                                                   separate document that will serve as the              August 10, 1999). Thus Executive Order
                                              • Inventory of affected SSI units,                   proposed rule to approve the revision to              13132 does not apply to this action.
                                           including to the best of the state’s                    the 111(d) plan. If adverse comments are              This action merely approves a state rule
                                           knowledge, SSI units that have shut                     received on this direct final rule. We                implementing a Federal standard, and
                                           down and are capable of restarting.                     will not institute a second comment                   does not alter the relationship or the
                                              • Inventory of emissions from                        period on this action. Any parties                    distribution of power and
                                           affected SSI units in Missouri.                         interested in commenting must do so at                responsibilities established in the CAA.
                                              • Compliance schedules for all                       this time. For further information about              This rulemaking also is not subject to
                                           affected SSI units with a final                         commenting on this rule, see the                      Executive Order 13045, ‘‘Protection of
                                           compliance date no later than March                     ADDRESSES section of this document.                   Children from Environmental Health
                                           21, 2016 or three (3) years after the                      If EPA receives adverse comment, we                Risks and Safety Risks’’ (62 FR 19885,
                                           effective date of state plan approval,                  will publish a timely withdrawal in the               April 23, 1997) because it approves a
                                           whichever is earlier.                                   Federal Register informing the public                 state rule implementing a Federal
                                              • Emission limitations, emission                     that this direct final rule will not take             standard.
                                           standards, operator training and                        effect. We will address all public                       In reviewing SIP submissions, EPA’s
                                           qualification requirements, and                         comments in any subsequent final rule                 role is to approve state choices,
                                           operating limits for affected SSI units                 based on the proposed rule.                           provided that they meet the criteria of
                                           that are at least as protective as the                                                                        the CAA. In this context, in the absence
                                           emission guidelines contained in                        Statutory and Executive Order Reviews                 of a prior existing requirement for the
                                           Subpart MMMM.                                              Under Executive Order 12866 (58 FR                 State to use voluntary consensus
                                              • Testing, monitoring, and inspection                51735, October 4, 1993), this action is               standards (VCS), EPA has no authority
                                           requirements at least as protective as                  not a ‘‘significant regulatory action’’ and           to disapprove a state submission for
                                           those in the emission guidelines.                       therefore is not subject to review under              failure to use VCS. It would thus be
                                              • Performance testing, reporting and                 Executive Orders 12866 and 13563 (76                  inconsistent with applicable law for
                                           recordkeeping requirements at least as                  FR 3821, January 21, 2011). This action               EPA when it reviews a state submission,
                                           protective as those in the emission                     is also not subject to Executive Order                to use VCS in place of a state
                                           guidelines.                                             13211, ‘‘Actions Concerning Regulations               submission that otherwise satisfies the
                                              • Certification that the hearing on the              That Significantly Affect Energy Supply,              provisions of the CAA. Thus, the
                                           State plan was held, a list of witnesses                Distribution, or Use’’ (66 FR 28355, May              requirements of section 12(d) of the
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                                           and organizational affiliations, if any,                22, 2001). This action merely approves                National Technology Transfer and
                                           appearing at the hearing, and a brief                   state law as meeting Federal                          Advancement Act of 1995 (15 U.S.C.
                                           written summary of each presentation or                 requirements and imposes no additional                272 note) do not apply. This action does
                                           written submission.                                     requirements beyond those imposed by                  not impose an information collection
                                              • Provision for State progress reports               state law. Accordingly, the                           burden under the provisions of the
                                           to EPA.                                                 Administrator certifies that this                     Paperwork Reduction Act of 1995 (44


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                                           55550        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

                                           U.S.C. 3501 et seq.). Burden is defined                 PART 62—APPROVAL AND                                  has decided to be eligible for
                                           at 5 CFR 1320.3(b).                                     PROMULGATION OF STATE PLANS                           importation. This list is published in an
                                              The Congressional Review Act, 5                      FOR DESIGNATED FACILITIES AND                         appendix to the agency’s regulations
                                           U.S.C. 801 et seq., as added by the Small               POLLUTANTS                                            that prescribe procedures for import
                                           Business Regulatory Enforcement                                                                               eligibility decisions. The list has been
                                                                                                   ■ 1. The authority citation for part 62               revised to add all vehicles that NHTSA
                                           Fairness Act of 1996, generally provides
                                                                                                   continues to read as follows:                         has decided to be eligible for
                                           that before a rule may take effect, the
                                                                                                       Authority: 42 U.S.C. 7401 et seq.                 importation since October 1, 2014, and
                                           agency promulgating the rule must
                                                                                                                                                         to remove all previously listed vehicles
                                           submit a rule report, which includes a
                                                                                                   Subpart AA—Missouri                                   that are now more than 25 years old and
                                           copy of the rule, to each House of the                                                                        need no longer comply with all
                                           Congress and to the Comptroller General                                                                       applicable FMVSS to be lawfully
                                                                                                   ■ 2. Add § 62.6363 and an undesignated
                                           of the United States. EPA will submit a                                                                       imported. NHTSA is required by statute
                                                                                                   center heading to read as follows:
                                           report containing this proposed rule and                                                                      to publish this list annually in the
                                           other required information to the U.S.                  Air Emissions from Sewage Sludge                      Federal Register.
                                           Senate, the U.S. House of                               Incinerator Units
                                                                                                                                                         DATES: The revised list of import eligible
                                           Representatives, and the Comptroller                                                                          vehicles is effective on September 16,
                                                                                                   § 62.6363    Identification of plan.
                                           General of the United States prior to                                                                         2015.
                                           publication of the rule in the Federal                    (a) On September 20, 2013, EPA
                                           Register.                                               received the Missouri Department of                   FOR FURTHER INFORMATION CONTACT:
                                                                                                   Natural Resources (MDNR) section                      George Stevens, Office of Vehicle Safety
                                              A major rule cannot take effect until                111(d)/129 plan for implementation and                Compliance, NHTSA, (202) 366–5308.
                                           60 days after it is published in the                    enforcement of 40 CFR part 60, subpart                SUPPLEMENTARY INFORMATION: Under 49
                                           Federal Register. This action is not a                  MMMM, Emission Guidelines and                         U.S.C. 30141(a)(1)(A), a motor vehicle
                                           ‘‘major rule’’ as defined by 5 U.S.C.                   Compliance Times for Existing Sewage                  that was not originally manufactured to
                                           804(2).                                                 Sludge Incineration Units.                            conform to all applicable FMVSS shall
                                              Under section 307(b)(1) of the CAA,                    (b) Identification of sources: The plan             be refused admission into the United
                                           petitions for judicial review of this                   applies to existing sewage sludge                     States unless NHTSA has decided that
                                           action must be filed in the United States               incineration (SSI) units that:                        the motor vehicle is substantially
                                           Court of Appeals for the appropriate                      (1) Commenced construction on or                    similar to a motor vehicle originally
                                           circuit by November 16, 2015. Filing a                  before October 14, 2010, or                           manufactured for importation into and
                                           petition for reconsideration by the                       (2) Commenced a modification on or                  sale in the United States, certified under
                                           Administrator of this final rule does not               before September 21, 2011, primarily to               49 U.S.C. 30115, and of the same model
                                           affect the finality of this rule for the                comply with Missouri’s plan, and                      year as the model of the motor vehicle
                                           purposes of judicial review nor does it                   (3) Meets the definition of a SSI unit              to be compared, and is capable of being
                                           extend the time within which a petition                 defined in MDNR’s plan                                readily altered to conform to all
                                           for judicial review may be filed, and                     (c) The effective date of the plan for              applicable FMVSS. Where there is no
                                           shall not postpone the effectiveness of                 existing sewage sludge incineration                   substantially similar U.S.-certified
                                           such rule or action. Parties with                       units is February 5, 2013.                            motor vehicle, 49 U.S.C. 30141(a)(1)(B)
                                           objections to this direct final rule are                  (1) A revision to Missouri’s 111(d)                 permits a nonconforming motor vehicle
                                           encouraged to file a comment in                         plan to incorporate state regulation 10               to be admitted into the United States if
                                           response to the parallel notice of                      CSR 10–6.191 Sewage Sludge                            its safety features comply with, or are
                                           proposed rulemaking for this action                     Incinerators was state effective May 30,              capable of being altered to comply with,
                                           published in the proposed rules section                 2013. The effective date of the amended               all applicable FMVSS based on
                                           of today’s Federal Register, rather than                plan is November 16, 2015.                            destructive test data or such other
                                           file an immediate petition for judicial                   (2) [Reserved]                                      evidence as the Secretary of
                                           review of this direct final rule, so that               [FR Doc. 2015–23296 Filed 9–15–15; 8:45 am]           Transportation decides to be adequate.
                                           EPA can withdraw this direct final rule                 BILLING CODE 6560–50–P                                   Under 49 U.S.C. 30141(a)(1), import
                                           and address the comment in the final                                                                          eligibility decisions may be made ‘‘on
                                           rulemaking. This action may not be                                                                            the initiative of the Secretary of
                                           challenged later in proceedings to                      DEPARTMENT OF TRANSPORTATION                          Transportation or on petition of a
                                           enforce its requirements. (See section                                                                        manufacturer or importer registered
                                           307(b)(2).)                                             National Highway Traffic Safety                       under [49 U.S.C. 30141(c)].’’ The
                                                                                                   Administration                                        Secretary’s authority to make these
                                           List of Subjects in 40 CFR Part 62                                                                            decisions has been delegated to NHTSA.
                                                                                                   49 CFR Part 593                                       The agency publishes notices of
                                             Environmental protection, Air                                                                               eligibility decisions as they are made.
                                           pollution control, Administrative                       [Docket No. NHTSA–2015–0087]                             Under 49 U.S.C. 30141(b)(2), a list of
                                           practice and procedure,                                                                                       all vehicles for which import eligibility
                                           Intergovernmental relations, Reporting                  List of Nonconforming Vehicles
                                                                                                                                                         decisions have been made must be
                                           and recordkeeping requirements,                         Decided to be Eligible for Importation
                                                                                                                                                         published annually in the Federal
                                           Sewage sludge incinerators.                             AGENCY:  National Highway Traffic                     Register. On October 1, 1996, NHTSA
                                             Dated: September 3, 2015.                             Safety Administration (NHTSA), DOT.                   added the list as an appendix to 49 CFR
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                                           Becky Weber,                                            ACTION: Final rule.                                   part 593, the regulations that establish
                                                                                                                                                         procedures for import eligibility
                                           Acting Regional Administrator, Region 7.
                                                                                                   SUMMARY:   This document revises the list             decisions (61 FR 51242). As described
                                             For the reasons stated in the                         of vehicles not originally manufactured               in the notice, NHTSA took that action
                                           preamble, EPA amends 40 CFR part 62                     to conform to the Federal Motor Vehicle               to ensure that the list is more widely
                                           as set forth below:                                     Safety Standards (FMVSS) that NHTSA                   disseminated to government personnel


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Document Created: 2018-02-26 10:16:52
Document Modified: 2018-02-26 10:16:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactPaula 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]
FR Citation80 FR 55548 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sewage Sludge Incinerators

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