83_FR_48965 83 FR 48777 - Air Plan Approval; Minnesota; Commercial and Industrial Solid Waste Incineration Units and Other Solid Waste Incineration Units Negative Declarations for Designated Facilities and Pollutants

83 FR 48777 - Air Plan Approval; Minnesota; Commercial and Industrial Solid Waste Incineration Units and Other Solid Waste Incineration Units Negative Declarations for Designated Facilities and Pollutants

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48777-48779
FR Document2018-20967

The Environmental Protection Agency (EPA) is notifying the public that we have received negative declarations from Minnesota pertaining to the presence of Commercial and Industrial Solid Waste Incineration (CISWI) units and Other Solid Waste Incineration (OSWI) units in Minnesota. The Minnesota Pollution Control Agency (MPCA) submitted its CISWI negative declaration by letter dated February 3, 2017, and its OSWI negative declaration by letter dated June 21, 2017. MPCA notified EPA in its negative declaration letters that there are no CISWI or OSWI units subject to the requirements of the Clean Air Act (Act) currently operating in Minnesota.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48777-48779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0588; FRL-9984-57--Region 5]


Air Plan Approval; Minnesota; Commercial and Industrial Solid 
Waste Incineration Units and Other Solid Waste Incineration Units 
Negative Declarations for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is notifying the 
public that we have received negative declarations from Minnesota 
pertaining to the presence of Commercial and Industrial Solid Waste 
Incineration (CISWI) units and Other Solid Waste Incineration (OSWI) 
units in Minnesota. The Minnesota Pollution Control Agency (MPCA) 
submitted its CISWI negative declaration by letter dated February 3, 
2017, and its OSWI negative declaration by letter dated June 21, 2017. 
MPCA notified EPA in its negative declaration letters that there are no 
CISWI or OSWI units subject to the requirements of the Clean Air Act 
(Act) currently operating in Minnesota.

DATES: Comments must be received on or before October 29, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0588, at http://www.regulations.gov or via email to 
cain.alexis@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For 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.

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: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
    A. Sections 111 and 129 of the Act
    B. Commercial and Industrial Solid Waste Incineration Units
    C. Other Solid Waste Incineration Units
II. Negative Declarations and EPA Analysis
    A. Commercial and Industrial Solid Waste Incineration Units
    B. Other Solid Waste Incineration Units
III. Proposed EPA Action
IV. Statutory and Executive Order Reviews

I. Background

A. Sections 111 and 129 of the Act

    Sections 111 and 129 of the Act set forth EPA's statutory authority 
for regulating new and existing solid waste incineration units. Section 
111(b) directs EPA to publish and periodically revise a list of 
categories of stationary sources which cause or significantly 
contribute to air pollution, and to establish new source performance 
standards (NSPS) within these categories. Section 111(d) grants EPA 
statutory authority to require states to submit to the agency 
implementation plans for establishing performance standards applicable 
to existing sources belonging to those categories established in 
section 111(b).
    Section 111(d) of the Act requires states to submit plans to 
control certain pollutants (designated pollutants) at existing 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) for new sources of a source 
category and EPA has established emission guidelines (EGs) for 
designated facilities. 40 CFR 60.21(a) and (b). Section 129 of the Act 
is specific to solid waste combustion, and requires EPA to establish 
performance standards pursuant to section 111 of the Act for each 
category of solid waste incineration units, which includes the 
categories addressed in today's action.
    The regulations at 40 CFR part 60, subpart B, contain general 
provisions applicable to the adoption and submittal of state plans for 
the control of

[[Page 48778]]

designated pollutants from designated facilities under section 111(d) 
of the Act, including those pollutants and facilities designated 
pursuant to section 129 of the Act. Further, 40 CFR part 62, subpart A, 
provides the procedural framework by which EPA will approve or 
disapprove such plans submitted by a state. If a state fails to submit 
a satisfactory plan, the Act provides EPA with the authority to 
prescribe a plan for regulating the designated pollutants at the 
designated facilities. The EPA prescribed plan, also known as a Federal 
plan, is used to regulate designated facilities when there is no EPA 
approved state-specific plan. Further, if there are no designated 
facilities within a state's jurisdiction, the state may submit to EPA a 
letter of certification to that effect (referred to as a ``negative 
declaration'') in lieu of a state plan to satisfy the state's 
obligation. 40 CFR 60.23(b) and 62.06. The negative declaration exempts 
the state from the requirement to submit a state plan for the 
designated pollutants and facilities. Therefore, if a state submits a 
negative declaration for a category of solid waste incineration units, 
the state is not required to submit a state plan for that source 
category.

B. Commercial and Industrial Solid Waste Incineration Units

    On December 1, 2000, EPA promulgated new source performance 
standards for new CISWI units, 40 CFR part 60, subpart CCCC, and EGs 
for existing CISWI units, 40 CFR part 60, subpart DDDD. 65 FR 75338. On 
March 21, 2011, EPA, after voluntarily remanding the 2000 CISWI 
standards and EGs, promulgated final CISWI standards and EGs. 76 FR 
15704. Correspondingly, on the same date, EPA promulgated a final rule 
under the Resource Conservation and Recovery Act (RCRA) to identify 
which non-hazardous secondary materials, when used as fuels or 
ingredients in combustion units, are ``solid wastes.'' 76 FR 15456; see 
40 CFR part 241, Solid Wastes Used as Fuels or Ingredients in 
Combustion Units (also known as the ``Non-Hazardous Secondary Material 
Rule''). The identification of solid waste in the Non-Hazardous 
Secondary Material Rule is used to determine whether a combustion unit 
is required to meet the emissions standards for solid waste 
incineration units issued under sections 111 and 129 of the Act, or 
meet the emissions standards for commercial, industrial, and 
institutional boilers issued under section 112 of the Act. EPA 
subsequently promulgated amendments to both rules on February 7, 2013: 
Commercial and Industrial Solid Waste Incineration Units: 
Reconsideration and Final Amendments; Non-Hazardous Secondary Materials 
That Are Solid Waste; Final Rule. 78 FR 9112. Reconsideration of 
certain aspects of the final CISWI rule resulted in minor amendments. 
81 FR 40956 (June 23, 2016). Pursuant to sections 111(d) and 129 of the 
Act and 40 CFR part 60, subpart B, states were required to revise their 
state plans for existing CISWI units to comply with the amended 
regulations.
    A CISWI unit is defined in 40 CFR 60.2875 as any distinct operating 
unit of any commercial or industrial facility that combusts, or has 
combusted in the preceding 6 months, any solid waste, as the term 
``solid waste'' is defined in the Non-Hazardous Secondary Material 
Rule. A state plan must address all existing CISWI units that commenced 
construction on or before June 4, 2010, or for which modification or 
reconstruction was commenced on or before August 7, 2013, with limited 
exceptions as provided in 40 CFR 60.2555. 40 CFR 60.2550.
    However, as discussed above, if there are no existing designated 
facilities in a state, the state may submit a negative declaration in 
lieu of a state plan. EPA will provide public notice of receipt of a 
state's negative declaration with respect to that solid waste 
incineration unit category. 40 CFR 60.2530. If any unit of a solid 
waste incineration category is subsequently identified in a state for 
which a negative declaration had been submitted, the Federal plan 
implementing the EGs for that source category would apply to that unit. 
In the case of a CISWI unit, subpart DDDD would automatically apply to 
that CISWI unit until a state plan is approved. 40 CFR 60.2530.

C. Other Solid Waste Incineration Units

    EPA promulgated new source performance standards and EGs for OSWIs 
on December 16, 2005. 70 FR 74870. The standards and EGs are codified 
at 40 CFR part 60, subparts EEEE and FFFF, respectively. Thus, states 
were required to submit plans for existing OSWIs pursuant to sections 
111(d) and 129 of the Act and 40 CFR part 60, subpart B.
    An OSWI unit is defined in 40 CFR 60.3078 as a very small municipal 
waste combustor and institutional waste incinerator. The designated 
facilities to which the original EGs applied to are existing OSWI units 
that commenced construction on or before December 9, 2004.

II. Negative Declarations and EPA Analysis

A. Commercial and Industrial Solid Waste Incineration Units

    On February 3, 2017, MPCA submitted its CISWI negative declaration, 
in which MPCA certified that there are no existing CISWI units 
currently operating in Minnesota. Two non-waste determinations under 
the Non-Hazardous Secondary Materials Rule were critical elements of 
MPCA's February 3, 2017 negative declaration letter. Specifically, on 
September 25, 2015, in response to a petition to Region 5, the Regional 
Administrator made a non-waste determination under the Non-Hazardous 
Secondary Materials Rule provision at 40 CFR 241.3(c), with regard to 
the poultry litter burned as fuel in the boiler at the Benson Power, 
LLC power plant in Benson, Minnesota. The Regional Administrator 
determined that the poultry litter at issue was not a solid waste. 
Further, by letter dated October 15, 2015, ReConserve of Minnesota 
Inc., d/b/a Endres Processing, Rosemount, Minnesota, certified to 
Region 5 that it had made a non-waste self-determination under the Non-
Hazardous Secondary Materials Rule provision at 40 CFR 241.3(b), with 
regard to the refuse derived fuel that it processes, as defined at 40 
CFR 241.2, and which meets the legitimacy criteria for fuels at 40 CFR 
241.3(d)(1), that the refuse derived fuel is not a solid waste. 
Correspondingly, by technical review document dated February 23, 2018, 
Region 5's Land and Chemicals Division reviewed and confirmed the non-
waste self-determination. EPA's Office of Resource Conservation and 
Recovery correspondingly concurred with the Region's review and 
conclusion.

B. Other Solid Waste Incineration Units

    On June 21, 2017, MPCA submitted its OSWI negative declaration, in 
which it certified that there are no existing OSWI units currently 
operating in Minnesota.

III. Proposed EPA Action

    EPA is notifying the public of EPA's receipt of MPCA's negative 
declarations for both CISWI and OSWI facilities and that EPA is 
amending 40 CFR part 62 to reflect both negative declarations. For 
CISWI, EPA received the negative declaration on February 3, 2017, and 
for OSWI, EPA received the negative declaration on June 21, 2017.

[[Page 48779]]

IV. Statutory and Executive Order Reviews

General Requirements

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore is not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011). For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action is not an Executive Order 13771 (82 FR 9339, February 2, 2017) 
regulatory action because this action is not significant under E.O. 
12866. This action merely approves state law as meeting Federal 
requirements and merely notifies the public of EPA's receipt of 
negative declarations from an air pollution control agency without any 
existing CISWI or OSWI units in its state. This action imposes no 
requirements beyond those imposed by the state. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
pertains to 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). This rule 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). This action 
merely provides notice of receipt of negative declarations, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it just 
notifying the public regarding receipt of the negative declarations.
    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Act. With regard 
to negative declarations for designated facilities received by EPA from 
states, EPA's role is to notify the public of the receipt of such 
negative declarations and revise 40 CFR part 62 accordingly. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state plan submission or negative declaration for failure 
to use VCS. It would thus be inconsistent with applicable law for EPA, 
when it reviews a state plan or negative declaration submission, to use 
VCS in place of a state plan or negative declaration submission that 
otherwise satisfies the provisions of the Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incinerators, Intergovernmental relations, Other solid waste 
incinerator units, Reporting and recordkeeping requirements.

    Dated: September 13, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-20967 Filed 9-26-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules                                            48777

                                                 of the Paperwork Reduction Act (44                      ENVIRONMENTAL PROTECTION                              information about CBI or multimedia
                                                 U.S.C. 3501 et seq.);                                   AGENCY                                                submissions, and general guidance on
                                                    • Is certified as not having a                                                                             making effective comments, please visit
                                                                                                         40 CFR Part 62                                        http://www2.epa.gov/dockets/
                                                 significant economic impact on a
                                                                                                         [EPA–R05–OAR–2018–0588; FRL–9984–                     commenting-epa-dockets.
                                                 substantial number of small entities
                                                                                                         57—Region 5]                                          FOR FURTHER INFORMATION CONTACT:
                                                 under the Regulatory Flexibility Act (5
                                                 U.S.C. 601 et seq.);                                                                                          Margaret Sieffert, Environmental
                                                                                                         Air Plan Approval; Minnesota;                         Engineer, Environmental Protection
                                                    • Does not contain any unfunded                      Commercial and Industrial Solid Waste                 Agency, Region 5, 77 West Jackson
                                                 mandate or significantly or uniquely                    Incineration Units and Other Solid                    Boulevard (AT–18J), Chicago, Illinois
                                                 affect small governments, as described                  Waste Incineration Units Negative                     60604, (312) 353–1151,
                                                 in the Unfunded Mandates Reform Act                     Declarations for Designated Facilities                sieffert.margaret@epa.gov.
                                                 of 1995 (Pub. L. 104–4);                                and Pollutants                                        SUPPLEMENTARY INFORMATION:
                                                    • Does not have Federalism                           AGENCY:  Environmental Protection                     Throughout this document whenever
                                                 implications as specified in Executive                  Agency (EPA).                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 Order 13132 (64 FR 43255, August 10,                    ACTION: Proposed rule.
                                                                                                                                                               EPA. This supplementary information
                                                 1999);                                                                                                        section is arranged as follows:
                                                                                                         SUMMARY:   The Environmental Protection               I. Background
                                                    • Is not an economically significant                 Agency (EPA) is notifying the public                     A. Sections 111 and 129 of the Act
                                                 regulatory action based on health or                    that we have received negative                           B. Commercial and Industrial Solid Waste
                                                 safety risks subject to Executive Order                 declarations from Minnesota pertaining                      Incineration Units
                                                 13045 (62 FR 19885, April 23, 1997);                    to the presence of Commercial and                        C. Other Solid Waste Incineration Units
                                                                                                                                                               II. Negative Declarations and EPA Analysis
                                                    • Is not a significant regulatory action             Industrial Solid Waste Incineration
                                                                                                                                                                  A. Commercial and Industrial Solid Waste
                                                 subject to Executive Order 13211 (66 FR                 (CISWI) units and Other Solid Waste                         Incineration Units
                                                 28355, May 22, 2001);                                   Incineration (OSWI) units in Minnesota.                  B. Other Solid Waste Incineration Units
                                                                                                         The Minnesota Pollution Control
                                                    • Is not subject to requirements of                                                                        III. Proposed EPA Action
                                                                                                         Agency (MPCA) submitted its CISWI                     IV. Statutory and Executive Order Reviews
                                                 Section 12(d) of the National                           negative declaration by letter dated
                                                 Technology Transfer and Advancement                     February 3, 2017, and its OSWI negative               I. Background
                                                 Act of 1995 (15 U.S.C. 272 note) because                declaration by letter dated June 21,                  A. Sections 111 and 129 of the Act
                                                 application of those requirements would                 2017. MPCA notified EPA in its negative
                                                 be inconsistent with the Clean Air Act;                                                                         Sections 111 and 129 of the Act set
                                                                                                         declaration letters that there are no                 forth EPA’s statutory authority for
                                                 and                                                     CISWI or OSWI units subject to the                    regulating new and existing solid waste
                                                    • Does not provide EPA with the                      requirements of the Clean Air Act (Act)               incineration units. Section 111(b)
                                                 discretionary authority to address, as                  currently operating in Minnesota.                     directs EPA to publish and periodically
                                                 appropriate, disproportionate human                     DATES: Comments must be received on                   revise a list of categories of stationary
                                                 health or environmental effects, using                  or before October 29, 2018.                           sources which cause or significantly
                                                 practicable and legally permissible                     ADDRESSES: Submit your comments,                      contribute to air pollution, and to
                                                 methods, under Executive Order 12898                    identified by Docket ID No. EPA–R05–                  establish new source performance
                                                 (59 FR 7629, February 16, 1994).                        OAR–2018–0588, at http://                             standards (NSPS) within these
                                                                                                         www.regulations.gov or via email to                   categories. Section 111(d) grants EPA
                                                    In addition, the SIP is not approved
                                                                                                         cain.alexis@epa.gov. For comments                     statutory authority to require states to
                                                 to apply on any Indian reservation land                 submitted at Regulations.gov, follow the              submit to the agency implementation
                                                 or in any other area where EPA or an                    online instructions for submitting                    plans for establishing performance
                                                 Indian tribe has demonstrated that a                    comments. Once submitted, comments                    standards applicable to existing sources
                                                 tribe has jurisdiction. In those areas of               cannot be edited or removed from                      belonging to those categories established
                                                 Indian country, the rule does not have                  Regulations.gov. For either manner of                 in section 111(b).
                                                 tribal implications and will not impose                 submission, EPA may publish any                         Section 111(d) of the Act requires
                                                 substantial direct costs on tribal                      comment received to its public docket.                states to submit plans to control certain
                                                 governments or preempt tribal law as                    Do not submit electronically any                      pollutants (designated pollutants) at
                                                 specified by Executive Order 13175 (65                  information you consider to be                        existing facilities (designated facilities)
                                                 FR 67249, November 9, 2000).                            Confidential Business Information (CBI)               whenever standards of performance
                                                                                                         or other information whose disclosure is              have been established under section
                                                 List of Subjects in 40 CFR Part 52
                                                                                                         restricted by statute. Multimedia                     111(b) for new sources of a source
                                                   Environmental protection, Air                         submissions (audio, video, etc.) must be              category and EPA has established
                                                 pollution control, Incorporation by                     accompanied by a written comment.                     emission guidelines (EGs) for designated
                                                 reference, Intergovernmental relations,                 The written comment is considered the                 facilities. 40 CFR 60.21(a) and (b).
                                                 Sulfur oxides.                                          official comment and should include                   Section 129 of the Act is specific to
                                                                                                         discussion of all points you wish to                  solid waste combustion, and requires
                                                   Dated: September 20, 2018.                            make. EPA will generally not consider                 EPA to establish performance standards
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Alexandra Dunn,                                         comments or comment contents located                  pursuant to section 111 of the Act for
                                                 Regional Administrator, EPA Region 1.                   outside of the primary submission (i.e.,              each category of solid waste
                                                 [FR Doc. 2018–21006 Filed 9–26–18; 8:45 am]             on the web, cloud, or other file sharing              incineration units, which includes the
                                                 BILLING CODE 6560–50–P
                                                                                                         system). For additional submission                    categories addressed in today’s action.
                                                                                                         methods, please contact the person                      The regulations at 40 CFR part 60,
                                                                                                         identified in the FOR FURTHER                         subpart B, contain general provisions
                                                                                                         INFORMATION CONTACT section. For the                  applicable to the adoption and submittal
                                                                                                         full EPA public comment policy,                       of state plans for the control of


                                            VerDate Sep<11>2014   16:28 Sep 26, 2018   Jkt 244001   PO 00000   Frm 00048   Fmt 4702   Sfmt 4702   E:\FR\FM\27SEP1.SGM   27SEP1


                                                 48778              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules

                                                 designated pollutants from designated                   Solid Waste Incineration Units:                       II. Negative Declarations and EPA
                                                 facilities under section 111(d) of the                  Reconsideration and Final                             Analysis
                                                 Act, including those pollutants and                     Amendments; Non-Hazardous
                                                 facilities designated pursuant to section               Secondary Materials That Are Solid                    A. Commercial and Industrial Solid
                                                 129 of the Act. Further, 40 CFR part 62,                Waste; Final Rule. 78 FR 9112.                        Waste Incineration Units
                                                 subpart A, provides the procedural                      Reconsideration of certain aspects of the                On February 3, 2017, MPCA
                                                 framework by which EPA will approve                     final CISWI rule resulted in minor                    submitted its CISWI negative
                                                 or disapprove such plans submitted by                   amendments. 81 FR 40956 (June 23,
                                                                                                                                                               declaration, in which MPCA certified
                                                 a state. If a state fails to submit a                   2016). Pursuant to sections 111(d) and
                                                 satisfactory plan, the Act provides EPA                                                                       that there are no existing CISWI units
                                                                                                         129 of the Act and 40 CFR part 60,
                                                 with the authority to prescribe a plan for                                                                    currently operating in Minnesota. Two
                                                                                                         subpart B, states were required to revise
                                                 regulating the designated pollutants at                 their state plans for existing CISWI units            non-waste determinations under the
                                                 the designated facilities. The EPA                      to comply with the amended                            Non-Hazardous Secondary Materials
                                                 prescribed plan, also known as a                        regulations.                                          Rule were critical elements of MPCA’s
                                                 Federal plan, is used to regulate                                                                             February 3, 2017 negative declaration
                                                                                                            A CISWI unit is defined in 40 CFR                  letter. Specifically, on September 25,
                                                 designated facilities when there is no
                                                                                                         60.2875 as any distinct operating unit of
                                                 EPA approved state-specific plan.                                                                             2015, in response to a petition to Region
                                                                                                         any commercial or industrial facility
                                                 Further, if there are no designated                                                                           5, the Regional Administrator made a
                                                                                                         that combusts, or has combusted in the
                                                 facilities within a state’s jurisdiction,                                                                     non-waste determination under the
                                                                                                         preceding 6 months, any solid waste, as
                                                 the state may submit to EPA a letter of                                                                       Non-Hazardous Secondary Materials
                                                                                                         the term ‘‘solid waste’’ is defined in the
                                                 certification to that effect (referred to as                                                                  Rule provision at 40 CFR 241.3(c), with
                                                                                                         Non-Hazardous Secondary Material
                                                 a ‘‘negative declaration’’) in lieu of a                                                                      regard to the poultry litter burned as
                                                                                                         Rule. A state plan must address all
                                                 state plan to satisfy the state’s                                                                             fuel in the boiler at the Benson Power,
                                                                                                         existing CISWI units that commenced
                                                 obligation. 40 CFR 60.23(b) and 62.06.                                                                        LLC power plant in Benson, Minnesota.
                                                 The negative declaration exempts the                    construction on or before June 4, 2010,
                                                                                                         or for which modification or                          The Regional Administrator determined
                                                 state from the requirement to submit a                                                                        that the poultry litter at issue was not
                                                 state plan for the designated pollutants                reconstruction was commenced on or
                                                                                                         before August 7, 2013, with limited                   a solid waste. Further, by letter dated
                                                 and facilities. Therefore, if a state
                                                                                                         exceptions as provided in 40 CFR                      October 15, 2015, ReConserve of
                                                 submits a negative declaration for a
                                                 category of solid waste incineration                    60.2555. 40 CFR 60.2550.                              Minnesota Inc., d/b/a Endres
                                                 units, the state is not required to submit                 However, as discussed above, if there              Processing, Rosemount, Minnesota,
                                                 a state plan for that source category.                  are no existing designated facilities in a            certified to Region 5 that it had made a
                                                                                                         state, the state may submit a negative                non-waste self-determination under the
                                                 B. Commercial and Industrial Solid                                                                            Non-Hazardous Secondary Materials
                                                                                                         declaration in lieu of a state plan. EPA
                                                 Waste Incineration Units                                                                                      Rule provision at 40 CFR 241.3(b), with
                                                                                                         will provide public notice of receipt of
                                                    On December 1, 2000, EPA                             a state’s negative declaration with                   regard to the refuse derived fuel that it
                                                 promulgated new source performance                      respect to that solid waste incineration              processes, as defined at 40 CFR 241.2,
                                                 standards for new CISWI units, 40 CFR                   unit category. 40 CFR 60.2530. If any                 and which meets the legitimacy criteria
                                                 part 60, subpart CCCC, and EGs for                      unit of a solid waste incineration                    for fuels at 40 CFR 241.3(d)(1), that the
                                                 existing CISWI units, 40 CFR part 60,                   category is subsequently identified in a              refuse derived fuel is not a solid waste.
                                                 subpart DDDD. 65 FR 75338. On March                     state for which a negative declaration                Correspondingly, by technical review
                                                 21, 2011, EPA, after voluntarily                        had been submitted, the Federal plan                  document dated February 23, 2018,
                                                 remanding the 2000 CISWI standards                      implementing the EGs for that source                  Region 5’s Land and Chemicals Division
                                                 and EGs, promulgated final CISWI                        category would apply to that unit. In the             reviewed and confirmed the non-waste
                                                 standards and EGs. 76 FR 15704.                         case of a CISWI unit, subpart DDDD                    self-determination. EPA’s Office of
                                                 Correspondingly, on the same date, EPA                  would automatically apply to that                     Resource Conservation and Recovery
                                                 promulgated a final rule under the                      CISWI unit until a state plan is
                                                 Resource Conservation and Recovery                                                                            correspondingly concurred with the
                                                                                                         approved. 40 CFR 60.2530.                             Region’s review and conclusion.
                                                 Act (RCRA) to identify which non-
                                                 hazardous secondary materials, when                     C. Other Solid Waste Incineration Units               B. Other Solid Waste Incineration Units
                                                 used as fuels or ingredients in
                                                 combustion units, are ‘‘solid wastes.’’ 76                EPA promulgated new source                             On June 21, 2017, MPCA submitted
                                                 FR 15456; see 40 CFR part 241, Solid                    performance standards and EGs for
                                                                                                                                                               its OSWI negative declaration, in which
                                                 Wastes Used as Fuels or Ingredients in                  OSWIs on December 16, 2005. 70 FR
                                                                                                                                                               it certified that there are no existing
                                                 Combustion Units (also known as the                     74870. The standards and EGs are
                                                                                                                                                               OSWI units currently operating in
                                                 ‘‘Non-Hazardous Secondary Material                      codified at 40 CFR part 60, subparts
                                                                                                         EEEE and FFFF, respectively. Thus,                    Minnesota.
                                                 Rule’’). The identification of solid waste
                                                 in the Non-Hazardous Secondary                          states were required to submit plans for              III. Proposed EPA Action
                                                 Material Rule is used to determine                      existing OSWIs pursuant to sections
                                                                                                         111(d) and 129 of the Act and 40 CFR                    EPA is notifying the public of EPA’s
                                                 whether a combustion unit is required
                                                 to meet the emissions standards for                     part 60, subpart B.                                   receipt of MPCA’s negative declarations
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                                                 solid waste incineration units issued                     An OSWI unit is defined in 40 CFR                   for both CISWI and OSWI facilities and
                                                 under sections 111 and 129 of the Act,                  60.3078 as a very small municipal waste               that EPA is amending 40 CFR part 62 to
                                                 or meet the emissions standards for                     combustor and institutional waste                     reflect both negative declarations. For
                                                 commercial, industrial, and institutional               incinerator. The designated facilities to             CISWI, EPA received the negative
                                                 boilers issued under section 112 of the                 which the original EGs applied to are                 declaration on February 3, 2017, and for
                                                 Act. EPA subsequently promulgated                       existing OSWI units that commenced                    OSWI, EPA received the negative
                                                 amendments to both rules on February                    construction on or before December 9,                 declaration on June 21, 2017.
                                                 7, 2013: Commercial and Industrial                      2004.


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                                                                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules                                                48779

                                                 IV. Statutory and Executive Order                       Act. This rule also is not subject to                 by Kenneth E. Hardman, on behalf of
                                                 Reviews                                                 Executive Order 13045 (62 FR 19885,                   Critical Messaging Association.
                                                                                                         April 23, 1997), because it just notifying            DATES: Oppositions to the Petition must
                                                 General Requirements
                                                                                                         the public regarding receipt of the                   be filed on or before October 12, 2018.
                                                    This action is not a ‘‘significant                   negative declarations.                                Replies to an opposition must be filed
                                                 regulatory action’’ under the terms of                     In reviewing state plan submissions,               on or before October 22, 2018.
                                                 Executive Order 12866 (58 FR 51735,                     EPA’s role is to approve state choices,
                                                 October 4, 1993) and therefore is not                                                                         ADDRESSES: Federal Communications
                                                                                                         provided that they meet the criteria of               Commission, 445 12th Street SW,
                                                 subject to review by the Office of                      the Act. With regard to negative
                                                 Management and Budget under                                                                                   Washington, DC 20554.
                                                                                                         declarations for designated facilities
                                                 Executive Orders 12866 and 13563 (76                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                         received by EPA from states, EPA’s role
                                                 FR 3821, January 21, 2011). For this                    is to notify the public of the receipt of             Nina Shafran, Wireless
                                                 reason, this action is also not subject to              such negative declarations and revise 40              Telecommunications Bureau, at: (202)
                                                 Executive Order 13211, ‘‘Actions                        CFR part 62 accordingly. In this context,             418–2781; email: Nina.Shafran@fcc.gov.
                                                 Concerning Regulations That                             in the absence of a prior existing                    SUPPLEMENTARY INFORMATION: This is a
                                                 Significantly Affect Energy Supply,                     requirement for the state to use                      summary of the Commission’s
                                                 Distribution, or Use’’ (66 FR 28355, May                voluntary consensus standards (VCS),                  document, Report No. 3102, released
                                                 22, 2001). This action is not an                        EPA has no authority to disapprove a                  September 10, 2018. The full text of the
                                                 Executive Order 13771 (82 FR 9339,                      state plan submission or negative                     Petition is available for viewing and
                                                 February 2, 2017) regulatory action                     declaration for failure to use VCS. It                copying at the FCC Reference
                                                 because this action is not significant                  would thus be inconsistent with                       Information Center, 445 12th Street SW,
                                                 under E.O. 12866. This action merely                    applicable law for EPA, when it reviews               Room CY–A257, Washington, DC 20554.
                                                 approves state law as meeting Federal                   a state plan or negative declaration                  It also may be accessed online via the
                                                 requirements and merely notifies the                    submission, to use VCS in place of a                  Commission’s Electronic Comment
                                                 public of EPA’s receipt of negative                     state plan or negative declaration                    Filing System at: http://apps.fcc.gov/
                                                 declarations from an air pollution                      submission that otherwise satisfies the               ecfs/. The Commission will not send a
                                                 control agency without any existing                     provisions of the Act. Thus, the                      Congressional Review Act (CRA)
                                                 CISWI or OSWI units in its state. This                  requirements of section 12(d) of the                  submission to Congress or the
                                                 action imposes no requirements beyond                   National Technology Transfer and                      Government Accountability Office
                                                 those imposed by the state. Accordingly,                                                                      pursuant to the CRA, 5.U.S.C.
                                                                                                         Advancement Act of 1995 (15 U.S.C.
                                                 the Administrator certifies that this rule                                                                    801(a)(1)(A), because no rules are being
                                                                                                         272 note) do not apply. This rule does
                                                 will not have a significant economic                                                                          adopted by the Commission.
                                                                                                         not impose an information collection
                                                 impact on a substantial number of small                                                                          Subject: Amendment of parts 1 and 22
                                                                                                         burden under the provisions of the
                                                 entities under the Regulatory Flexibility                                                                     of the Commission’s Rules with Regard
                                                                                                         Paperwork Reduction Act of 1995 (44
                                                 Act (5 U.S.C. 601 et seq.). Because this                                                                      to the Cellular Service, Including
                                                                                                         U.S.C. 3501 et seq.).
                                                 rule pertains to pre-existing                                                                                 Changes in Licensing of Unserved Area,
                                                 requirements under state law and does                   List of Subjects in 40 CFR Part 62                    FCC 18–92, published at 83 FR 37760,
                                                 not impose any additional enforceable                     Environmental protection,                           August 2, 2018, in WT Docket No. 12–
                                                 duty beyond that required by state law,                 Administrative practice and procedure,                40. This document is being published
                                                 it does not contain any unfunded                                                                              pursuant to 47 CFR 1.429(e). See also 47
                                                                                                         Air pollution control, Commercial and
                                                 mandate or significantly or uniquely                                                                          CFR 1.4(b)(1) and 1.429(f), (g).
                                                                                                         industrial solid waste incinerators,
                                                 affect small governments, as described                                                                           Number of Petitions Filed: 1.
                                                                                                         Intergovernmental relations, Other solid
                                                 in the Unfunded Mandates Reform Act
                                                                                                         waste incinerator units, Reporting and                Federal Communications Commission.
                                                 of 1995 (Pub. L. 104–4). This rule is not
                                                                                                         recordkeeping requirements.
                                                 approved to apply on any Indian                                                                               Marlene Dortch,
                                                 reservation land or in any other area                     Dated: September 13, 2018.                          Secretary, Office of the Secretary.
                                                 where EPA or an Indian tribe has                        Cathy Stepp,                                          [FR Doc. 2018–20677 Filed 9–26–18; 8:45 am]
                                                 demonstrated that a tribe has                           Regional Administrator, Region 5.                     BILLING CODE 6712–01–P
                                                 jurisdiction. In those areas of Indian                  [FR Doc. 2018–20967 Filed 9–26–18; 8:45 am]
                                                 country, the rule does not have tribal                  BILLING CODE 6560–50–P
                                                 implications and will not impose
                                                 substantial direct costs on tribal                                                                            DEPARTMENT OF TRANSPORTATION
                                                 governments or preempt tribal law as
                                                                                                         FEDERAL COMMUNICATIONS                                Federal Motor Carrier Safety
                                                 specified by Executive Order 13175 (65
                                                                                                         COMMISSION                                            Administration
                                                 FR 67249, November 9, 2000). This
                                                 action also does not have Federalism
                                                                                                         47 CFR Part 22                                        49 CFR Part 387
                                                 implications because it does not have
                                                 substantial direct effects on the states,                                                                     [Docket No. FMCSA–2016–0102]
                                                 on the relationship between the national                [WT Docket No. 12–40; Report No. 3102]
                                                 government and the states, or on the                                                                          RIN 2126–AC10
                                                                                                         Petition for Reconsideration of Action
                                                 distribution of power and                               in Rulemaking Proceeding
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                                                 responsibilities among the various                                                                            Broker and Freight Forwarder
                                                 levels of government, as specified in                   AGENCY:  Federal Communications                       Financial Responsibility
                                                 Executive Order 13132 (64 FR 43255,                     Commission.                                     Federal Motor Carrier Safety
                                                                                                                                                               AGENCY:
                                                 August 10, 1999). This action merely                    ACTION: Petition for reconsideration.   Administration (FMCSA), DOT.
                                                 provides notice of receipt of negative
                                                                                                                                                 ACTION: Advance notice of proposed
                                                 declarations, and does not alter the                    SUMMARY: A Petition for Reconsideration
                                                                                                                                                 rulemaking (ANPRM); request for
                                                 relationship or the distribution of power               (Petition) has been filed in the
                                                                                                                                                 comments.
                                                 and responsibilities established in the                 Commission’s Rulemaking proceeding


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Document Created: 2018-09-27 01:04:22
Document Modified: 2018-09-27 01:04:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before October 29, 2018.
ContactMargaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected]
FR Citation83 FR 48777 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incinerators; Intergovernmental Relations; Other Solid Waste Incinerator Units and Reporting and Recordkeeping Requirements

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