
[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3712-3714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02209]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0600; FRL-9989-36-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: Final rule.

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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

[[Page 3713]]

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. On October 3, 2018, EPA published a notice of 
proposed rulemaking for these negative declarations.

DATES: This final rule is effective on March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0600. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (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 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Margaret Sieffert, Environmental Engineer, at (312) 
353-1151 before visiting the Region 5 office.

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
II. What public comments were received on the proposed approval and 
what is EPA's response?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    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.\1\
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    \1\ 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.
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    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. 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.
    On October 3, 2018, EPA published a notice of proposed rulemaking 
(NPRM) proposing notice of Indiana's negative declarations for CISWI 
and SSI. The specific details of Indiana's request and the rationale 
for EPA's approval are discussed in the NPRM and will not be restated 
here.

II. What public comments were received on the proposed approval and 
what is EPA's response?

    EPA received one anonymous comment on its November 1, 2018, 
proposal. This comment addresses subjects outside the scope of our 
proposed action, does not explain (or provide a legal basis for) how 
the proposed action should differ in any way, and makes no specific 
mention of the substantive aspects of the proposed action. Therefore, 
this comment is not germane to this rulemaking and requires no further 
response.

III. What action is EPA taking?

    EPA is notifying the public of EPA's receipt of IDEM's negative 
declarations for both CISWI and SSI facilities and amending 40 CFR part 
62 to reflect both negative declarations. EPA received the CISWI and 
SSI negative declarations and withdrawal requests by letters dated July 
31, 2017. In this action, EPA is finalizing its notification. EPA is 
also revising 40 CFR part 62.3660 and 62.3670 to reflect these 
notifications.

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

[[Page 3714]]

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.).
    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. 
804(2).
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 15, 2019. 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 may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Commercial and Industrial Solid Waste 
Incinerators, Intergovernmental relations, Sewage Sludge Incineration 
Units, Reporting and record-keeping requirements.

    Dated: December 21, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.

    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.


0
2. Revise Sec.  62.3660 to read as follows:


Sec.  62.3660  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental 
Management submitted a negative declaration letter to EPA certifying 
that there are no existing Commercial and Industrial Solid Waste 
Incineration (CISWI) units in the State of Indiana subject to the 
emissions guidelines at 40 CFR part 60, subpart DDDD.

0
3. Revise Sec.  62.3670 to read as follows:


Sec.  62.3670  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental 
Management submitted a negative declaration letter to EPA certifying 
that there are no existing Sewage Sludge Incineration (SSI) units in 
the State of Indiana subject to the emissions guidelines at 40 CFR part 
60, subpart MMMM.


Sec.  62.3671  [Removed and Reserved]

0
4. Section 62.3671 is removed and reserved.


Sec.  62.3672  [Removed and Reserved]

0
5. Section 62.3672 is removed and reserved.

[FR Doc. 2019-02209 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P


