80 FR 70727 - Air Plan Approval; Michigan; Sewage Sludge Incinerators State Plan and Small Municipal Waste Combustors Negative Declaration for Designated Facilities and Pollutants

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range		70727-70728
FR Document		2015-28910

The Environmental Protection Agency (EPA) is proposing to approve Michigan`s State Plan to control air pollutants from Sewage Sludge Incinerators (SSI). The Michigan Department of Environmental Quality submitted the State Plan on September 21, 2015, following the required public process. The State Plan is consistent with the Emission Guidelines promulgated by EPA on March 21, 2011. This approval means that EPA finds that the State Plan meets applicable Clean Air Act requirements for subject SSI units. Once effective, this approval also makes the State Plan Federally enforceable. EPA is also announcing that we have received from Michigan a negative declaration for Small Municipal Waste Combustors (SMWC). The Michigan Department of Environmental Quality submitted on July 27, 2015 a negative declaration certifying that there are no SMWC units currently operating in the state of Michigan.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Proposed Rules]
[Pages 70727-70728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2015-0701; FRL-9936-95-Region 5]


Air Plan Approval; Michigan; Sewage Sludge Incinerators State 
Plan and Small Municipal Waste Combustors Negative Declaration for 
Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve

[[Page 70728]]

Michigan`s State Plan to control air pollutants from Sewage Sludge 
Incinerators (SSI). The Michigan Department of Environmental Quality 
submitted the State Plan on September 21, 2015, following the required 
public process. The State Plan is consistent with the Emission 
Guidelines promulgated by EPA on March 21, 2011. This approval means 
that EPA finds that the State Plan meets applicable Clean Air Act 
requirements for subject SSI units. Once effective, this approval also 
makes the State Plan Federally enforceable. EPA is also announcing that 
we have received from Michigan a negative declaration for Small 
Municipal Waste Combustors (SMWC). The Michigan Department of 
Environmental Quality submitted on July 27, 2015 a negative declaration 
certifying that there are no SMWC units currently operating in the 
state of Michigan.

DATES: Comments must be received on or before December 16, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0071, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: nwia.jacqueline@epa.gov.
    3. Fax: (312) 692-2566.
    4. Mail: Jacqueline Nwia, Acting Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    5. Hand Delivery: Jacqueline Nwia, Acting Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office normal hours of operation, and special arrangements should be 
made for deliveries of boxed information. The Regional Office official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. 
excluding Federal holidays.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
sieffert.margaret@epa.gov.

SUPPLEMENTARY INFORMATION: In the Rules section of this Federal 
Register, EPA is approving through a direct final rulemaking Michigan's 
State Plan for control of air pollutants from SSI sources, and is 
amending 40 CFR part 62 to reflect the State's submittal of the 
negative declaration as a direct final rule without prior proposal 
because the Agency views this as a noncontroversial submittal and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to this rule, no further activity is contemplated. 
If EPA receives adverse comments, we will withdraw the direct final 
rule and will address all public comments in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule, and if that provision 
can be severed from the remainder of the rule, EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment. For additional information, see the direct final rule which is 
located in the Rules section of this Federal Register.

    Dated: October 29, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-28910 Filed 11-13-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules 70727

contribute 0.8 ppb or more to 8-hour approve Nebraska’s interstate transport • Is not an economically significant
ozone nonattainment or maintenance in SIP for purposes of meeting the CAA regulatory action based on health or
another state are identified as states section 110(a)(2)(D)(i)(I) requirements as safety risks subject to Executive Order
with contributions to downwind to the 2008 ozone standard. The EPA’s 13045 (62 FR 19885, April 23, 1997);
attainment and maintenance sites large modeling confirms the results of the • Is not a significant regulatory action
enough to warrant further analysis.’’ State’s analysis: Nebraska does not subject to Executive Order 13211 (66 FR
Nebraska noted that 0.8 ppb cutoff significantly contribute to 28355, May 22, 2001);
equates to a one percent threshold, nonattainment or interfere with • Is not subject to requirements of
which was the threshold EPA used in maintenance of the 2008 ozone standard section 12(d) of the National
that rulemaking for the previous 1997 in any other state. Technology Transfer and Advancement
ozone NAAQS. According to Nebraska, Act of 1995 (15 U.S.C. 272 note) because
the rule stands for the proposition that V. What action is EPA proposing? application of those requirements would
‘‘states whose contributions are below Based upon review of the state’s be inconsistent with the CAA; and
these thresholds do not significantly infrastructure SIP submission for the • Does not provide EPA with the
contribute or interfere with maintenance 2008 O3 NAAQS, with respect to the discretionary authority to address, as
of the relevant NAAQS.’’ Nebraska requirements of section appropriate, disproportionate human
noted that, pursuant to the modeling 110(a)(2)(D(i)(I)—prongs 1 and 2, and health or environmental effects, using
discussed in that rule (76 FR 48245), relevant statutory and regulatory practicable and legally permissible
Nebraska’s largest downwind authorities and provisions referenced in methods, under Executive Order 12898
contribution to any identified these submissions or referenced in (59 FR 7629, February 16, 1994).
nonattainment or maintenance receptors Nebraska’s SIP, EPA is proposing to The SIP is not approved to apply on
for ozone was 0.2 ppb. Nebraska approve this element of the February 11, any Indian reservation land or in any
concluded that because this modeling 2013 SIP submission. other area where EPA or an Indian tribe
contribution represents far less than one We are hereby soliciting comment on has demonstrated that a tribe has
percent of the 2008 ozone NAAQS at this proposed action. Final rulemaking jurisdiction. In those areas of Indian
issue here, it ‘‘does not have any will occur after consideration of any country, the rule does not have tribal
obligations’’ to reduce emissions to comments. implications and will not impose
address interstate transport as to that substantial direct costs on tribal
VI. Statutory and Executive Order
standard. governments or preempt tribal law as
The EPA notes that the modeling Review
specified by Executive Order 13175 (65
Nebraska relies upon was conducted by Under the CAA, the Administrator is FR 67249, November 9, 2000).
EPA in 2011, for purposes of evaluating required to approve a SIP submission
upwind state contributions and that complies with the provisions of the Statutory Authority
downwind air quality problems as to a CAA and applicable Federal regulations. The statutory authority for this action
prior, less-stringent ozone NAAQS, and 42 U.S.C. 7410(k); 40 CFR 52.02(a). is provided by section 110 of the CAA,
that the modeling evaluated a 2012 Thus, in reviewing SIP submissions, as amended (42 U.S.C. 7410).
compliance year. Accordingly, the fact EPA’s role is to approve state choices,
List of Subjects in 40 CFR Part 52
that this modeling showed downwind provided that they meet the criteria of
contribution less than one percent of the the CAA. Accordingly, this action Environmental protection, Air
2008 ozone NAAQS is not necessarily merely approves state law as meeting pollution control, Incorporation by
dispositive of Nebraska’s obligations Federal requirements and does not reference, Intergovernmental relations,
under section 110(a)(2)(D)(i)(I).26 impose additional requirements beyond Ozone, Reporting and recordkeeping
However, as discussed above, the EPA those imposed by state law. For that requirements.
has conducted more updated modeling reason, this proposed action: Dated: November 2, 2015.
subsequent to the state’s SIP submission • Is not a ‘‘significant regulatory Mark Hague,
that confirms the underlying conclusion action’’ under the terms of Executive Regional Administrator, Region 7.
of our 2011 modeling, and of Nebraska’s Order 12866 (58 FR 51735, October 4,
[FR Doc. 2015–28908 Filed 11–13–15; 8:45 am]
SIP submission. 1993) and is therefore not subject to
Based on the modeling data and the BILLING CODE 6560–50–P
review under Executive Orders 12866
information and analysis provided in and 13563 (76 FR 3821, January 21,
Nebraska’s SIP, EPA is proposing to 2011). ENVIRONMENTAL PROTECTION
• Does not impose an information
AGENCY
26 Nebraska’s SIP submission appears to rely on collection burden under the provisions
EPA’s 2011 air quality modeling because at that of the Paperwork Reduction Act (44
time, the D.C. Circuit’s decision in EME Homer City 40 CFR Part 62
Generation, L.P. v. EPA held that EPA must first U.S.C. 3501 et seq.);
quantify each state’s transport obligation before • Is certified as not having a [EPA–R05–OAR–2015–0701; FRL–9936–95–
states had an obligation to make a SIP submission. significant economic impact on a Region 5]
See 696 F.3d 7 (D.C. Cir. 2012). Accordingly, substantial number of small entities
Nebraska cites a November 19, 2012, memorandum Air Plan Approval; Michigan; Sewage
from Assistant Administrator Gina McCarthy, under the Regulatory Flexibility Act (5
Sludge Incinerators State Plan and
U.S.C. 601 et seq.);
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

which describes the D.C. Circuit’s holding that ‘‘a
SIP cannot be deemed deficient for failing to meet • Does not contain any unfunded Small Municipal Waste Combustors
the good neighbor obligation before the EPA mandate or significantly or uniquely Negative Declaration for Designated
quantifies that obligation.’’ See Memo at 2,
affect small governments, as described Facilities and Pollutants
available at http://www3.epa.gov/airtransport/pdfs/
CSAPR_Memo_to_Regions.pdf. The memorandum in the Unfunded Mandates Reform Act AGENCY: Environmental Protection
also communicated the Agency’s intentions to ‘‘act of 1995 (Pub. L. 104–4); Agency (EPA).
in accordance with the [D.C. Circuit] decision • Does not have Federalism ACTION: Proposed rule.
during the pendency of the appeal,’’ id., but on
appeal the Supreme Court reversed that holding.
implications as specified in Executive
See EPA v. EME Homer City Gen., 134 S. Ct. 1584, Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection
1609–10 (2014). 1999); Agency (EPA) is proposing to approve

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Document Created: 2015-12-14 14:13:16
Document Modified: 2015-12-14 14:13:16

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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before December 16, 2015.
Contact		Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected]
FR Citation		80 FR 70727