83 FR 49897 - Air Plan Approval; Indiana; Negative Declarations for Commercial and Industrial Solid Waste Incineration and Sewage Sludge Incineration Units for Designated Facilities and Pollutants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 192 (October 3, 2018)
Federal Register Volume 83, Issue 192 (October 3, 2018)
| Page Range | 49897-49899 | |
| FR Document | 2018-21468 |
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)] [Proposed Rules] [Pages 49897-49899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21468] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R05-OAR-2018-0600; FRL-9984-56--Region 5] Air Plan Approval; Indiana; Negative Declarations for Commercial and Industrial Solid Waste Incineration and Sewage Sludge Incineration Units 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 from Indiana requests for withdrawals of the previously approved state plans and notification of negative declarations for Commercial and Industrial Solid Waste Incineration (CISWI) units and Sewage Sludge Incineration (SSI) units. The Indiana Department of Environmental Management (IDEM) submitted its CISWI withdrawal and negative declaration by letter dated July 31, 2017 and its SSI withdrawal and negative declaration by letter dated July 31, 2017. IDEM notified EPA in its negative declaration letters that there are no CISWI or SSI units subject to the requirements of the Clean Air Act (Act) currently operating in Indiana. DATES: Comments must be received on or before November 2, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2018-0600, at https://www.regulations.gov or via email to [email protected]. For comments [[Page 49898]] 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 https://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, [email protected]. 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. Sewage Sludge Incineration Units II. Negative Declarations and EPA Analysis A. Commercial and Industrial Solid Waste Incineration Units B. Sewage Sludge 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, among other types of emission sources, 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 implementation plans for establishing performance standards applicable to existing sources belonging to those categories established in section 111(b). Under Section 111(d), the state submits plans to control certain pollutants (designated pollutants) at existing facilities (designated facilities) which have been established under section 111(b). EPA has promulgated emission guidelines (EGs) for designated facilities, which are used by states to formulate their state plan. 40 CFR 60.21(a) and (b). Section 129(b) 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 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 in 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 a NSPS 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 (76 FR 15704), EPA, after a ``voluntarily remand'' of the 2000 CISWI standards and EGs, promulgated a final CISWI NSPS and EGs.\1\ 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. --------------------------------------------------------------------------- \1\ For more information on the history to this rule, including the remand, see 67 FR 70640 (November 25, 2002). --------------------------------------------------------------------------- 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 that term 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 section 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 [[Page 49899]] 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. Sewage Sludge Incineration Units EPA promulgated an NSPS and EGs for SSIs on March 21, 2011. 76 FR 15404. The NSPS and EGs are codified at 40 CFR part 60, subparts LLLL and MMMM, respectively. Thus, states were required to submit plans for existing SSIs, pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60, subpart B. A SSI unit is defined in 40 CFR 60.5250 as any device that combusts sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter. The designated facilities to which the EGs applied to are existing SSI units that commenced construction on or before October 14, 2010 or for which a modification was commenced on or before September 21, 2011 primarily to comply with this rule. 76 FR 15371. II. Negative Declarations and EPA Analysis A. Commercial and Industrial Solid Waste Incineration Units IDEM submitted a CISWI state plan on December 20, 2002. EPA approved the state plan and it became effective on August 11, 2003. 68 FR 35181. On July 31, 2017, IDEM submitted its CISWI negative declaration, in which it certified that there are no longer any CISWI units currently operating in Indiana.\2\ --------------------------------------------------------------------------- \2\ Previously, an incinerator located at Covance Laboratories, Inc. was listed by Indiana as subject to the CISWI. In a letter dated June 18, 2018, however, EPA determined that Covance's incinerator was not a ``CISWI unit'' under the regulations. --------------------------------------------------------------------------- B. Sewage Sludge Incineration Units IDEM submitted a SSI state plan on February 27, 2013. EPA approved the state plan and it became effective on August 12, 2013. 78 FR 34918. On July 31, 2017, IDEM submitted its SSI withdrawal and negative declaration, in which it certified that there are no longer any existing SSI units currently operating in Indiana. Previously, IDEM listed Belmont Advanced Wastewater Treatment Facility as having an existing SSI. After modifications at the Belmont facility, however, the SSI unit became subject to the NSPS under 40 CFR part 60 subpart LLLL. Because there are no existing sources subject to the 2013 state plan, IDEM is requesting to withdraw the 2013 state plan and replace it with a negative declaration. III. Proposed EPA Action EPA is proposing to amend 40 CFR part 62 to reflect IDEM's withdrawals and negative declarations for both CISWI and SSI facilities. EPA received the CISWI and SSI negative declarations and withdrawal requests by letters dated July 31, 2017. IV. Statutory and Executive Order Reviews A. 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 SSI 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, Sewage sludge incineration units, Reporting and recordkeeping requirements. Dated: September 13, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-21468 Filed 10-2-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules 49897
would have maximum DV of 83.6 ppb.9 to nonattainment or interfere with In addition, the SIP is not approved
We used a value of 85 ppb to determine maintenance of the 1997 ozone NAAQS to apply on any Indian reservation land
whether a particular ozone receptor in any other state. or in any other area where EPA or an
should be identified as having air Indian tribe has demonstrated that a
IV. Statutory and Executive Order
quality problems that may trigger tribe has jurisdiction. In those areas of
Reviews
transport obligations in upwind states Indian country, the proposed rule does
with regard to the 1997 8-hour ozone Under the CAA, the Administrator is not have tribal implications and will not
NAAQS (76 FR 48208, 48236). required to approve a SIP submission impose substantial direct costs on tribal
The 2014 modeling results show that that complies with the provisions of the governments or preempt tribal law as
the Allegan County, Michigan monitor Act and applicable Federal regulations. specified by Executive Order 13175 (65
which Texas was linked to in the 2012 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000).
modeling was no longer projected to Thus, in reviewing SIP submissions, the
have air quality problems sufficient to EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52
trigger transport obligations with regard provided that they meet the criteria of Environmental protection, Air
to the 1997 8-hour ozone NAAQS. Thus, the CAA. Accordingly, this action pollution control, Incorporation by
Texas was no longer projected to merely proposes to approve state law as reference, Ozone.
interfere with maintenance of the 1997 meeting Federal requirements and does Authority: 42 U.S.C. 7401 et seq.
ozone NAAQS at the Allegan County not impose additional requirements
receptor in 2014. However, the 2014 Dated: September 26, 2018.
beyond those imposed by state law. For
modeling results continued to project that reason, this action: Anne Idsal,
that the East Baton Parish receptor • Is not a ‘‘significant regulatory Regional Administrator, Region 6.
would have problems maintaining the action’’ subject to review by the Office [FR Doc. 2018–21448 Filed 10–2–18; 8:45 am]
1997 ozone NAAQS. of Management and Budget under BILLING CODE 6560–50–P
As discussed above, in response to the Executive Orders 12866 (58 FR 51735,
remand of Texas’s CSAPR phase 2 October 4, 1993) and 13563 (76 FR 3821,
ozone season budget by the D.C. Circuit January 21, 2011); ENVIRONMENTAL PROTECTION
in EME Homer City II, EPA reviewed the • Is not an Executive Order 13771 (82 AGENCY
2017 air quality modeling conducted for FR 9339, February 2, 2017) regulatory
the CSAPR Update. EPA concluded that, 40 CFR Part 62
action because SIP approvals are
even in the absence of Texas’s CSAPR exempted under Executive Order 12866; [EPA–R05–OAR–2018–0600; FRL–9984–
budget, both the Baton Rouge and
• Does not impose an information 56—Region 5]
Allegan receptors would have average
collection burden under the provisions
and maximum DVs below the level of Air Plan Approval; Indiana; Negative
of the Paperwork Reduction Act (44
the 1997 ozone NAAQS for the Declarations for Commercial and
U.S.C. 3501 et seq.);
downwind receptors of concern to Industrial Solid Waste Incineration and
• Is certified as not having a
which Texas was linked in the original Sewage Sludge Incineration Units for
significant economic impact on a
CSAPR rulemaking with respect the Designated Facilities and Pollutants
1997 ozone NAAQS. Accordingly, EPA substantial number of small entities
found that Texas emissions would no under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
longer contribute significantly to U.S.C. 601 et seq.); Agency (EPA).
nonattainment in, or interfere with • Does not contain any unfunded ACTION: Proposed rule.
maintenance by, any other state with mandate or significantly or uniquely
affect small governments, as described SUMMARY: The Environmental Protection
respect to the 1997 ozone NAAQS at
in the Unfunded Mandates Reform Act Agency (EPA) is notifying the public
either receptor or in any other state. (81
of 1995 (Pub. L. 104–4); that we have received from Indiana
FR 74525–26). This conclusion is based
on EPA’s most recent modeling analysis • Does not have Federalism requests for withdrawals of the
implications as specified in Executive previously approved state plans and
and is supported by the fact that the
Order 13132 (64 FR 43255, August 10, notification of negative declarations for
Baton Rouge area has monitored
1999); Commercial and Industrial Solid Waste
attainment of the 1997 ozone standard
since 2008. • Is not an economically significant Incineration (CISWI) units and Sewage
regulatory action based on health or Sludge Incineration (SSI) units. The
III. Proposed Action safety risks subject to Executive Order Indiana Department of Environmental
We are proposing to approve the 13045 (62 FR 19885, April 23, 1997); Management (IDEM) submitted its
portions of the April 4, 2008 and May • Is not a significant regulatory action CISWI withdrawal and negative
1, 2008 Texas SIP submittals as they subject to Executive Order 13211 (66 FR declaration by letter dated July 31, 2017
pertain to the requirements of CAA 28355, May 22, 2001); and its SSI withdrawal and negative
section 110(a)(2)(D)(i)(I) with respect to • Is not subject to requirements of declaration by letter dated July 31, 2017.
the 1997 ozone NAAQS. We propose to section 12(d) of the National IDEM notified EPA in its negative
find that the conclusion in the state’s Technology Transfer and Advancement declaration letters that there are no
SIP submittals is consistent with EPA’s Act of 1995 (15 U.S.C. 272 note) because CISWI or SSI units subject to the
conclusion regarding the Texas’s good application of those requirements would requirements of the Clean Air Act (Act)
daltland on DSKBBV9HB2PROD with PROPOSALS
neighbor obligation, that emissions from be inconsistent with the CAA; and currently operating in Indiana.
Texas will not significantly contribute • Does not provide EPA with the DATES: Comments must be received on
discretionary authority to address, as or before November 2, 2018.
9 See projected 2014 base case average and appropriate, disproportionate human ADDRESSES: Submit your comments,
maximum DVs for these monitors at pages B–14 and health or environmental effects, using identified by Docket ID No. EPA–R05–
B–16 of the June 2011 Air Quality Modeling Final
Rule Technical Support Document for CSAPR,
practicable and legally permissible OAR–2018–0600, at https://
Document ID No. EPA–HQ–OAR–2009–0491–4140, methods, under Executive Order 12898 www.regulations.gov or via email to
available in regulations.gov. (59 FR 7629, February 16, 1994). cain.alexis@epa.gov. For comments
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![Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules 49899
unit of a solid waste incineration 60 subpart LLLL. Because there are no FR 67249, November 9, 2000). This
category is subsequently identified in a existing sources subject to the 2013 state action also does not have Federalism
state for which a negative declaration plan, IDEM is requesting to withdraw implications because it does not have
had been submitted, the Federal plan the 2013 state plan and replace it with substantial direct effects on the states,
implementing the EGs for that source a negative declaration. on the relationship between the national
category would apply to that unit. In the government and the states, or on the
case of a CISWI unit, subpart DDDD III. Proposed EPA Action
distribution of power and
would automatically apply to that EPA is proposing to amend 40 CFR responsibilities among the various
CISWI unit until a state plan is part 62 to reflect IDEM’s withdrawals
levels of government, as specified in
approved. 40 CFR 60.2530. and negative declarations for both
Executive Order 13132 (64 FR 43255,
CISWI and SSI facilities. EPA received
C. Sewage Sludge Incineration Units August 10, 1999). This action merely
the CISWI and SSI negative declarations
EPA promulgated an NSPS and EGs and withdrawal requests by letters dated provides notice of receipt of negative
for SSIs on March 21, 2011. 76 FR July 31, 2017. declarations, and does not alter the
15404. The NSPS and EGs are codified relationship or the distribution of power
at 40 CFR part 60, subparts LLLL and IV. Statutory and Executive Order and responsibilities established in the
MMMM, respectively. Thus, states were Reviews Act. This rule also is not subject to
required to submit plans for existing A. General Requirements Executive Order 13045 (62 FR 19885,
SSIs, pursuant to sections 111(d) and April 23, 1997), because it just notifying
129 of the Act and 40 CFR part 60, This action is not a ‘‘significant
the public regarding receipt of the
subpart B. regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735, negative declarations.
A SSI unit is defined in 40 CFR
October 4, 1993) and therefore is not In reviewing state plan submissions,
60.5250 as any device that combusts
sewage sludge for the purpose of subject to review by the Office of EPA’s role is to approve state choices,
reducing the volume of the sewage Management and Budget under provided that they meet the criteria of
sludge by removing combustible matter. Executive Orders 12866 and 13563 (76 the Act. With regard to negative
The designated facilities to which the FR 3821, January 21, 2011). For this declarations for designated facilities
EGs applied to are existing SSI units reason, this action is also not subject to received by EPA from states, EPA’s role
that commenced construction on or Executive Order 13211, ‘‘Actions is to notify the public of the receipt of
before October 14, 2010 or for which a Concerning Regulations That such negative declarations and revise 40
modification was commenced on or Significantly Affect Energy Supply, CFR part 62 accordingly. In this context,
before September 21, 2011 primarily to Distribution, or Use’’ (66 FR 28355, May in the absence of a prior existing
comply with this rule. 76 FR 15371. 22, 2001). This action is not an requirement for the state to use
Executive Order 13771 (82 FR 9339, voluntary consensus standards (VCS),
II. Negative Declarations and EPA February 2, 2017) regulatory action
Analysis EPA has no authority to disapprove a
because this action is not significant state plan submission or negative
A. Commercial and Industrial Solid under E.O. 12866. This action merely declaration for failure to use VCS. It
Waste Incineration Units approves state law as meeting Federal
would thus be inconsistent with
requirements and merely notifies the
IDEM submitted a CISWI state plan on applicable law for EPA, when it reviews
public of EPA’s receipt of negative
December 20, 2002. EPA approved the a state plan or negative declaration
declarations from an air pollution
state plan and it became effective on submission, to use VCS in place of a
control agency without any existing
August 11, 2003. 68 FR 35181. On July state plan or negative declaration
CISWI or SSI units in its state. This
31, 2017, IDEM submitted its CISWI submission that otherwise satisfies the
action imposes no requirements beyond
negative declaration, in which it provisions of the Act. Thus, the
certified that there are no longer any those imposed by the state. Accordingly,
the Administrator certifies that this rule requirements of section 12(d) of the
CISWI units currently operating in National Technology Transfer and
Indiana.2 will not have a significant economic
impact on a substantial number of small Advancement Act of 1995 (15 U.S.C.
B. Sewage Sludge Incineration Units entities under the Regulatory Flexibility 272 note) do not apply. This rule does
IDEM submitted a SSI state plan on Act (5 U.S.C. 601 et seq.). Because this not impose an information collection
February 27, 2013. EPA approved the rule pertains to pre-existing burden under the provisions of the
state plan and it became effective on requirements under state law and does Paperwork Reduction Act of 1995 (44
August 12, 2013. 78 FR 34918. On July not impose any additional enforceable U.S.C. 3501 et seq.).
31, 2017, IDEM submitted its SSI duty beyond that required by state law,
it does not contain any unfunded List of Subjects in 40 CFR Part 62
withdrawal and negative declaration, in
which it certified that there are no mandate or significantly or uniquely Environmental protection,
longer any existing SSI units currently affect small governments, as described Administrative practice and procedure,
operating in Indiana. Previously, IDEM in the Unfunded Mandates Reform Act Air pollution control, Commercial and
listed Belmont Advanced Wastewater of 1995 (Pub. L. 104–4). This rule is not
industrial solid waste incinerators,
Treatment Facility as having an existing approved to apply on any Indian
Intergovernmental relations, Sewage
SSI. After modifications at the Belmont reservation land or in any other area
sludge incineration units, Reporting and
daltland on DSKBBV9HB2PROD with PROPOSALS
facility, however, the SSI unit became where EPA or an Indian tribe has
demonstrated that a tribe has recordkeeping requirements.
subject to the NSPS under 40 CFR part
jurisdiction. In those areas of Indian Dated: September 13, 2018.
2 Previously, an incinerator located at Covance country, the rule does not have tribal Cathy Stepp,
Laboratories, Inc. was listed by Indiana as subject implications and will not impose
to the CISWI. In a letter dated June 18, 2018, Regional Administrator, Region 5.
however, EPA determined that Covance’s
substantial direct costs on tribal [FR Doc. 2018–21468 Filed 10–2–18; 8:45 am]
incinerator was not a ‘‘CISWI unit’’ under the governments or preempt tribal law as
BILLING CODE 6560–50–P
regulations. specified by Executive Order 13175 (65
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Document Created: 2018-10-03 02:29:51
Document Modified: 2018-10-03 02:29:51
| 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 November 2, 2018. | |
| 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 | 83 FR 49897 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incinerators; Intergovernmental Relations; Sewage Sludge Incineration Units and Reporting and Recordkeeping Requirements |
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