[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33456-33458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13594]



40 CFR Part 62

[EPA-R02-OAR-2014-0127; FRL-9912-05-Region 2]

Approval and Promulgation of State Plans for Designated 
Facilities; New York; Control of Emissions From Existing Sewage Sludge 
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving the 
section 111(d)/129 plan submitted by New York State for the purpose of 
implementing and enforcing the emission guidelines for existing sewage 
sludge incineration (SSI) units. The intended effect of this action is 
to approve a plan required by the Clean Air Act (CAA) which establishes 
emission limits and other requirements for existing sewage sludge 
incineration units and provides for the implementation and enforcement 
of those limits and other requirements. New York submitted its plan to 
fulfill the requirements of sections 111 and 129 of the CAA.

DATES: This rule is effective on July 11, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2014-0127. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI 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 form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. This Docket Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is 212-637-4249.

([email protected]), Air Programs Branch, Environmental 
Protection Agency, Region 2, 290 Broadway, 25th Floor, New York, New 
York 10007-1866, (212) 637-3892.


I. What action is EPA taking today?

    EPA is approving New York's plan, and the elements therein, as 
submitted on July 1, 2013, for the control of air emissions from 
existing sewage sludge incineration (SSI) units throughout the State, 
except for any existing SSI units located in Indian Nation Land.\1\ 
When EPA developed the New Source Performance Standards (NSPS) (subpart 
LLLL) for SSI units on March 21, 2011, it concurrently promulgated 
Emission Guidelines (subpart MMMM) to control air emissions from 
existing SSI units.

    \1\ If there are any existing SSI units located in Indian Nation 
Land these existing SSI units will be subject to the Federal plan.

    The New York State Department of Environmental Conservation 
(NYSDEC) developed a plan, as required by sections 111(d) and 129 of 
the Clean Air Act (CAA), to adopt the Emission Guidelines (EG) into its 
body of regulations, and EPA is acting today to approve New York's 

II. What are the details of EPA's action?

    On March 21, 2011, in accordance with sections 111(d) and 129 of 
the CAA, EPA promulgated the SSI EG and compliance times for the 
control of emissions from existing SSI units. See 76 FR 15371. EPA 
codified these guidelines at 40 CFR part 60, subpart MMMM. They include 
a model rule at 40 CFR 60.5085 through 62.5250 that States may use to 
develop their own plans. Under that rule, EPA has defined an ``SSI 
unit,'' in part, as any device that combusts sewage sludge for the 
purpose of reducing the volume of the sewage sludge by removing 
combustible matter. 40 CFR 60.5250.
    On July 1, 2013,\2\ New York submitted a plan for implementing and 
enforcing EPA's EG for existing SSI units. Section 60.5015 of the EG 
describes all of the required elements that must be included in a 
state's plan for existing SSI units. New York's State plan includes all 
of the required elements described in section 60.5015 of the EG. For 

[[Page 33457]]

details, the reader is referred to EPA's proposal located in EPA's 
electronic docket at www.regulations.gov.

    \2\ On February 28, 2014, New York provided clarifying 
information concerning its State plan. To view this information see 
EPA's electronic docket at www.regulations.gov.

III. What comments were received on the proposed approval and how has 
EPA responded to them?

    There were no comments received on EPA's proposed rulemaking (79 FR 
16271, March 25, 2014) regarding New York's State plan for existing SSI 
units. The 30-day public comment period on EPA's proposed approval 
ended on April 24, 2014.

IV. What is EPA's conclusion?

    For the reasons described in this rulemaking and in EPA's proposal, 
EPA is approving New York's sections 111(d) and 129 plan for existing 
SSI units.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. 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 merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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), because it 
merely approves a state rule implementing a Federal requirement, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it 
approves a state rule implementing a Federal standard.
    In reviewing New York's submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a New York submission for failure to use VCS. It would thus 
be inconsistent with applicable law for EPA, when it reviews a New York 
submission, to use VCS in place of a New York submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the Attorney General's 
``Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order.
    This rule for the approval of New York's section 111(d)/129 plan 
for SSI units does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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. 

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 11, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving New York's Section 111(d)/129 plan for 
existing sewage sludge incineration units may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Administrative practice and procedure, Aluminum, 
Fertilizers, Fluoride, Intergovernmental relations, Paper and paper 
products industry, Phosphate, Reporting and recordkeeping requirements, 
Sulfur oxides, Sulfuric acid plants, Waste treatment and disposal.

    Dated: May 30, 2014.
Judith A. Enck,
Regional Administrator, Region 2.

    40 CFR part 62 is amended as follows:


1. The authority citation for part 62 continues to read as follows:

     Authority:  42 U.S.C. 7401 et seq.

Subpart HH--New York

2. Part 62 is amended by adding Sec.  62.8108 and an undesignated 
heading to subpart HH to read as follows:

Air Emissions From Existing Sewage Sludge Incineration Units

Sec.  62.8108  Identification of plan.

    (a) On July 1, 2013, the New York State Department of Environmental 
Conservation (NYSDEC) submitted to the Environmental Protection Agency 
a section 111(d)/129 plan for implementation and enforcement of 40 CFR 
part 60, subpart MMMM, Emission Guidelines and Compliance Times for 
Existing Sewage Sludge Incineration

[[Page 33458]]

Units. On February 28, 2014, the NYSDEC submitted clarifying 
information concerning the State's plan.
    (b) Identification of sources. The plan applies to existing sewage 
sludge incineration (SSI) units that:
    (1) Commenced construction on or before October 14, 2010, or
    (2) Commenced a modification on or before September 21, 2011 
primarily to comply with New York's plan, and
    (3) Meets the definition of a SSI unit defined in New York's plan.
    (c) The effective date of the plan for existing sewage sludge 
incineration units is July 11, 2014.

[FR Doc. 2014-13594 Filed 6-10-14; 8:45 am]