[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5483-5485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01920]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R10-OAR-2013-0567; FRL-9922-34-Region 34]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Idaho and Oregon: Negative Declarations
AGENCY: Environmental Protection Agency.
ACTION: Final rule; notice of administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that it has received negative declarations from the States of
Idaho and Oregon for existing sewage sludge incinerator (SSI) units and
from the State of Idaho for existing commercial and industrial solid
waste incinerators (CISWI) units. A negative declaration is a
certification from a state under the Clean Air Act (CAA) that it has no
subject incinerator units under its jurisdiction.
The EPA is also amending the Code of Federal Regulations (CFR) to
update the states and source categories for which the EPA has received
negative declarations. This is a non-regulatory action.
DATES: This action is effective March 4, 2015.
ADDRESSES: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy during normal
business hours at the Office of Air, Waste and Toxics, EPA Region 10,
1200 Sixth Avenue, Seattle, Washington, 98101.
FOR FURTHER INFORMATION CONTACT: Heather Valdez at (206) 553-6220,
[email protected], or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Sewage Sludge Incinerators
A. Idaho
B. Oregon
III. Commercial and Industrial Solid Waste Incinerators
A. Idaho
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the CAA require submittal of plans to
control certain pollutants (designated pollutants) at existing solid
waste combustor facilities (designated facilities) whenever standards
of performance have been established under section 111(b) for new
sources of the same source category and the EPA has established
emission guidelines for such existing sources. When designated
facilities are located in a state, the state must then develop and
submit a plan for the control of the designated pollutant. Subpart B of
40 CFR part 60 establishes procedures to be followed and requirements
to be met in the development and submission of state plans for
controlling designated pollutants from designated facilities
[[Page 5484]]
under sections 111(d) and 129 of the CAA. Also, Subpart A of 40 CFR
part 62 provides the procedural framework for the submission of these
plans.
If a state fails to submit a satisfactory plan, the CAA provides
the EPA 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 often delegated to states with designated
facilities but no EPA-approved state-specific plan. If no such
designated facilities exist within a state's jurisdiction, a state may
submit to the 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. A negative declaration
exempts the state from the requirement to submit a CAA section 111(d)/
section 129 plan for that designated pollutant and source category. 40
CFR 60.23(b).
II. Sewage Sludge Incinerators
On March 21, 2011 (76 FR 15372), the EPA promulgated new source
performance standards for new SSI units, 40 CFR part 60, subpart LLLL,
and emission guidelines for existing SSI units, 40 CFR part 60, subpart
MMMM. SSI units are located at wastewater treatment facilities and are
designed to combust domestic sewage sludge for the purpose of reducing
its volume. 40 CFR 60.5065 and 60.5250. Subpart MMMM requires that
state plans address those existing SSI units that commenced
construction on or before October 14, 2010, or for which modification
was commenced on or before September 21, 2011, with limited exceptions
as provided in paragraph 40 CFR 60.5065. 40 CFR 60.5060.
As discussed above, however, if there are no designated facilities
in the state, the state may submit a negative declaration in lieu of a
state plan. The EPA will provide public notice of receipt of a state's
negative declaration with respect to SSI. 40 CFR 60.5030. If any
subsequently identified SSI unit for which construction commenced on or
before October 14, 2010, is found in a state that had submitted a
negative declaration, the Federal plan implementing the emission
guidelines for subpart MMMM would automatically apply to that SSI unit
until a state plan is approved. 40 CFR 60.5030.
A. Idaho
On March 11, 2013, the Idaho Department of Environmental Quality
(IDEQ) submitted a negative declaration certifying that there are no
SSI units subject to the requirements of sections 111(d) and 129 of the
CAA operating in the State of Idaho. As provided in 40 CFR 60.5030, the
EPA is providing public notice of the IDEQ's negative declaration with
respect to SSI. If, at a later date, an existing SSI unit subject to
the applicability provisions of subpart MMMM is found in Idaho, the
Federal plan implementing the emission guidelines for subpart MMMM
would automatically apply to that SSI unit until a state plan for Idaho
is approved.\1\
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\1\ The EPA does not consider the IDEQ's negative declaration to
extend to areas on any Indian reservation land or to any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction in Idaho. SSI units in such areas, if any, are subject
to the Federal plan implementing the emission guidelines for subpart
MMMM.
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B. Oregon
On July 2, 2014, the Oregon Department of Environmental Quality
(ODEQ) submitted a negative declaration certifying that there are no
SSI units subject to the requirements of sections 111(d) and 129 of the
CAA operating in the State of Oregon, including the jurisdiction of the
Lane Regional Air Protection Agency. As provided in 40 CFR 60.5030, the
EPA is providing public notice of the ODEQ's negative declaration with
respect to SSI. If, at a later date, an existing SSI unit subject to
the applicability provisions of subpart MMMM is found in Oregon, the
Federal plan implementing the emission guidelines for subpart MMMM
would automatically apply to that SSI unit until a state plan for
Oregon is approved.\2\
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\2\ The EPA does not consider the ODEQ's negative declaration to
extend to areas on any Indian reservation land or to any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction in Oregon. SSI units in such areas, if any, are subject
to the Federal plan implementing the emission guidelines for subpart
MMMM.
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III. Commercial and Industrial Solid Waste Incinerators
On December 1, 2000 (60 FR 75338), the EPA promulgated new source
performance standards for new CISWI units, 40 CFR part 60, subpart
CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60,
subpart DDDD. After a series of legal challenges, amendments, and
reconsiderations, the EPA promulgated the Reconsideration and Final
Amendments for CISWI units on February 7, 2013 (78 FR 9112).
A CISWI unit is any distinct operating unit of any commercial or
industrial facility that combusts, or has combusted in the preceding
six months, any solid waste, as that term is defined in 40 CFR part
241, Solid Wastes Used As Fuels Or Ingredients In Combustion Units. 40
CFR 60.2875. 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 paragraph 40 CFR 60.2555.
40 CFR 60.2550.
As discussed above, however, if there are no designated facilities
in the state, the state may submit a negative declaration in lieu of a
state plan. The EPA will provide public notice of receipt of a state's
negative declaration with respect to CISWI. 40 CFR 60.2530. If any
subsequently identified existing CISWI unit is found in a state that
had submitted a negative declaration, the Federal plan implementing the
emission guidelines for subpart DDDD would automatically apply to that
CISWI unit until a state plan is approved. 40 CFR 60.2530.
A. Idaho
On April 14, 2014, the Idaho DEQ submitted a negative declaration
certifying that there are no CISWI units subject to the requirements of
sections 111(d) and 129 of the CAA operating in the State of Idaho. As
provided in 40 CFR 60.2530, the EPA is providing public notice of
Idaho's negative declaration with respect to CISWI. If, at a later
date, an existing CISWI unit subject to the applicability provisions of
subpart DDDD is found in Idaho, the Federal plan implementing the
emission guidelines for subpart DDDD will automatically apply to that
CISWI unit until a state plan for Idaho is approved.\3\
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\3\ The EPA does not consider IDEQ's negative declaration to
extend to areas on any Indian reservation land or to any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction in Idaho. CISWI units in such areas, if any, are
subject to the Federal plan implementing the emission guidelines for
subpart DDDD.
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IV. Final Action
The States of Idaho and Oregon have determined there are no SSI
units subject to the applicability provisions of the SSI emission
guidelines at 40 CFR part 60, subpart MMMM, within their respective
jurisdictions and have submitted negative declarations to that effect.
Idaho has also determined that there are no CISWI units subject to the
applicability provisions of 40 CFR part 60, subpart DDDD within the
State's jurisdiction and has submitted a negative declaration to that
effect. The EPA is providing notice of receipt of these negative
declarations. The EPA is also amending 40 CFR part 62, subpart N, to
reflect receipt of the negative declaration letters from the IDEQ for
the SSI and CISWI emission guidelines and
[[Page 5485]]
40 CFR part 62, subpart MM, to reflect the receipt of the negative
declaration letter from the ODEQ for the SSI emission guidelines. This
is a non-regulatory action.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator's receipt of a negative
declaration under 42 U.S.C. 7411 and 7529 does not impose any legal
requirements. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
These negative declarations are 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 negative declarations do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will they impose substantial direct costs on tribal governments or
preempt tribal law. The Congressional Review Act, 5 U.S.C. 801, et
seq., as added by the Small Business Regulatory Enforcement Fairness
Act of 1996, generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 13, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 62 is amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--IDAHO
0
2. Subpart N is amended by adding an undesignated center heading and
Sec. 62.3140 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.3140 Identification of plan--negative declaration.
Letter from the Idaho Department of Environmental Quality,
submitted on March 11, 2013, certifying that there are no existing
sewage sludge incineration units subject to 40 CFR part 60, subpart
MMMM operating within its jurisdiction.
0
3. Subpart N is amended by adding an undesignated center heading and
Sec. 62.3150 to read as follows:
Emissions From Existing Commercial Industrial Solid Waste Incinerators
Sec. 62.3150 Identification of plan--negative declaration.
Letter from the Idaho Department of Environmental Quality,
submitted on April 14, 2014, certifying that there are no existing
commercial industrial solid waste incineration units subject to 40 CFR
part 60, subpart DDDD operating within its jurisdiction.
Subpart MM--OREGON
0
4. Subpart MM is amended by adding an undesignated center heading and
Sec. 62.9520 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.9520 Identification of plan--negative declaration.
Letter from the Oregon Department of Environmental Quality,
submitted on July 2, 2014, certifying that there are no existing sewage
sludge incineration units subject to 40 CFR part 60, subpart MMMM
within its jurisdiction or the jurisdiction of the Lane Regional Air
Protection Agency.
[FR Doc. 2015-01920 Filed 1-30-15; 8:45 am]
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