
[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5483-5485]
From the Federal Register Online via the Government Printing 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, 
valdez.heather@epa.gov, 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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