[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Rules and Regulations]
[Pages 380-382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33292]



40 CFR Part 62

[EPA-R07-OAR-2015-0733; FRL-9941-06-Region 7]

Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the Clean Air Act (CAA) section 111(d)/129 
negative declaration for the state of Nebraska, for existing sewage 
sludge incinerator (SSI) units. This negative declaration certifies 
that existing SSI units subject to sections 111(d) and 129 of the CAA 
do not exist within the jurisdiction of Nebraska. EPA is accepting the 
negative declaration in accordance with the requirements of the CAA.

DATES: This direct final rule will be effective March 7, 2016, without 
further notice, unless EPA receives adverse comment by February 5, 
2016. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0733, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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, 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: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7028 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The CAA requires that state regulatory agencies implement the 
emission guidelines and compliance times using a state plan developed 
under sections 111(d) and 129 of the CAA. The general provisions for 
the submittal and approval of state plans are codified in 40 CFR part 
60, subpart B and 40 CFR part 62, subpart A. Section 111(d) establishes 
general requirements and procedures on state plan submittals for the 
control of designated pollutants. Section 129 requires emission 
guidelines to be promulgated for all categories of solid waste 
incineration units, including SSI units. Section 129 mandates that all 
plan requirements be at least as protective and restrictive as the 
promulgated emission guidelines. This includes fixed final compliance 
dates, fixed compliance schedules, and Title V permitting requirements 
for all affected sources. Section 129 also requires that state plans be 
submitted to EPA within one year after EPA's promulgation of the 
emission guidelines and compliance times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a State 
does not have any existing Sewage Sludge Incineration (SSI) units for 
the relevant emissions guidelines, a letter can be submitted certifying 
that no such units exist within the State (i.e., negative declaration) 
in lieu of a state plan. The negative declaration exempts the State 
from the requirements of subpart B that would otherwise require the 
submittal of a CAA section 111(d)/129 plan.
    On March 21, 2011 (76 FR 15372), the EPA established emission 
guidelines and compliance times for existing SSI units. The emission 
guidelines and compliance times are codified at 40 CFR 60, Subpart 
MMMM. In order to fulfill obligations under CAA sections 111(d) and 
129, NDEQ submitted a negative declaration letter to EPA on December 6, 
2012. The submittal of this declaration exempts NDEQ from the 
requirement to

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submit a state plan for existing SSI units.

II. Analysis of State Submittal

    In this Direct Final action, EPA is amending part 62 to reflect 
receipt of the negative declaration letter from the NDEQ, certifying 
that there are no existing SSI units subject to 40 CFR part 60, subpart 
MMMM, in accordance with Section 111(d) of the CAA. If a designated 
facility (i.e., existing SSI unit) is later found within NDEQ's 
jurisdiction after publication of this Federal Register action, then 
the overlooked facility will become subject to the requirements of the 
Federal plan for that designated facility, including the compliance 
schedule. The Federal plan will no longer apply, if we subsequently 
receive and approve the 111(d) plan from the jurisdiction with the 
overlooked facility. EPA is publishing this direct final rule without a 
prior proposed rule because we view this as a noncontroversial action 
and anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposed rule to approve the negative 
declaration if adverse comments are received on this direct final rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

III. Statutory and Executive Order Reviews

    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 action 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 approves a state rule implementing a Federal requirement, 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 
approves a state rule implementing a Federal standard. In reviewing 
section 111(d)/129 plan submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Act. 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 section 111(d)/129 plan submission for failure to use VCS. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a section 111(d)/129 plan submission, to use VCS in place of a 
section 111(d)/129 plan 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.).
    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. 
    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 March 7, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 Nebraska's section 111(d)/129 plan revision for 
SSI sources 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, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sewage sludge incinerators.

    Dated: December 23, 2015.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:


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

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

Subpart CC--Nebraska

* * * * *

2. Subpart CC is amended by adding an undesignated center heading and 
Sec.  62.6917 to read as follows:

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Air Emissions Standards of Performance for New Sewage Sludge 

Sec.  62.6917  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality 
received December 6, 2012, certifying that there are no Sewage Sludge 
Incinerator units subject to 40 CFR part 60, subpart MMMM.

[FR Doc. 2015-33292 Filed 1-5-16; 8:45 am]