24220 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

raised in the petitions for 

reconsideration of the final MATS rule 

and the Utility NSPS. 

On April 21, 2015, the Administrator, 

Gina McCarthy, signed letters to 

petitioners denying the remaining issues 

in the petitions for reconsideration. The 

EPA carefully reviewed the petitions 

and evaluated each issue raised in the 

petitions for reconsideration to 

determine if they meet the CAA section 

307(d)(7)(B) criteria for reconsideration. 

The EPA denied the remaining issues in 

the petitions for reconsideration because 

they do not meet the criteria for 

reconsideration and/or are moot as 

explained in detail in the 

Reconsideration Response Document. 

That document articulates in detail the 

rationale for the EPA’s final response to 

each of the remaining issues in the 

petitions for reconsideration received on 

the final MATS rule and the Utility 

NSPS. 

As explained in the Reconsideration 

Response Document, a significant 

majority of the issues raised in the 

petitions for reconsideration were or 

could have been raised in comments on 

the proposed MATS and Utility NSPS. 

In addition, many of the parties that 

filed petitions for reconsideration of the 

final MATS and Utility NSPS also filed 

petitions for review of the final rules in 

the United States Court of Appeals for 

the District of Columbia Circuit (Court 

or D.C. Circuit). Many of the issues 

raised in the petitions for 

reconsideration were also raised in the 

D.C. Circuit litigation, and other 

reconsideration issues could have been 

raised in that litigation. On April 15, 

2014, the Court denied all petitions for 

review of MATS and the Utility NSPS. 

White Stallion Energy Center v. EPA, 

784 F.3d 1222 (D.C. Cir. 2014); cert. 

granted, State of Michigan v. EPA, No. 

14–46 (and consolidated cases). As the 

Court may only consider issues raised 

during the period for public comment, 

issues raised in the litigation and 

addressed by the Court clearly do not 

meet the criteria for reconsideration in 

CAA section 307(d)(7)(B). Moreover, 

parties may not use this final action 

denying reconsideration as a basis to 

litigate issues that could have been 

raised in the initial litigation. 

Dated: April 21, 2015. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2015–10118 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2013–0763; FRL–9927–00– 

Region 6] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Texas, Oklahoma, 

Arkansas, New Mexico, and the City of 

Albuquerque, New Mexico; Control of 

Emissions From Existing Sewage 

Sludge Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve Clean Air Act (CAA) 

section 111(d)/129 negative declarations 

for the States of Texas, Oklahoma, 

Arkansas, New Mexico, and the City of 

Albuquerque, New Mexico, for existing 

sewage sludge incinerator (SSI) units. 

These negative declarations certify that 

existing SSI units subject to the 

requirements of sections 111(d) and 129 

of the CAA do not exist within the 

jurisdictions of Texas, Oklahoma, 

Arkansas, and New Mexico (including 

the City of Albuquerque). EPA is 

accepting the negative declarations in 

accordance with the requirements of the 

CAA. 

DATES: This rule is effective on June 29, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

June 1, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2013–0763, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Mr. Kenneth W. Boyce at 

boyce.kenneth@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2013–0763. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth Boyce, (214) 665–7259, email 

address boyce.kenneth@epa.gov. To 

inspect the hard copy materials please 

contact Mr. Boyce or Mr. Bill Deese at 

(214) 665–6645. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’ ‘‘us’’ 

and ‘‘our’’ means the EPA. 

Outline 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

EPA’s statutory authority for the 

regulation of new and existing solid 

waste incineration units is outlined in 

CAA sections 129 and 111. Section 129 

of the CAA is specific to solid waste 

combustion and requires EPA to 

establish performance standards for 

each category of solid waste 

incineration units. These standards 

include new source performance 

standards (NSPS), applicable to new 

units, and emissions guidelines and 

other requirements applicable to 


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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24221 

existing units. Under CAA section 129, 

an NSPS or emissions guideline must 

contain numerical emissions limitations 

for particulate matter, opacity (as 

appropriate), sulfur dioxide, hydrogen 

chloride, oxides of nitrogen, carbon 

monoxide, lead, cadmium, mercury, and 

dioxins and dibenzofurans. While the 

NSPS is directly applicable to affected 

facilities, the emissions guidelines for 

existing units are intended for states to 

use in order to develop a state plan to 

submit to EPA. Once approved by EPA, 

the state plan becomes federally 

enforceable. If a State does not submit 

an approvable state plan to EPA, EPA is 

responsible for developing, 

implementing, and enforcing a federal 

plan. 

While section 129 of the CAA is 

specific to the combustion of solid 

waste, it also relies on CAA section 111 

in promulgating the NSPS and 

emissions guidelines. Section 111 of the 

CAA gives EPA the statutory authority 

to promulgate an NSPS and/or 

emissions guideline for certain 

categories of stationary sources, and 

describes the procedural requirements 

for the development and 

implementation of these standards. 

More specifically, CAA section 111(d) 

requires EPA to establish procedures for 

States to submit a state plan to EPA for 

the regulation of existing sources 

whenever emissions guidelines are 

promulgated. 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. 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 solid waste incineration 

units for the relevant emissions 

guidelines, 40 CFR 60.23(b) and 62.06 

provide that a letter may 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), 

EPA promulgated new source 

performance standards (40 CFR part 60, 

subpart LLLL) for new SSI units, and 

emission guidelines (40 CRF part 60, 

subpart MMMM), for existing SSI units. 

Existing SSI units are units that 

commenced construction on or before 

October 14, 2010. The Texas 

Commission on Environmental Quality 

(TCEQ), Oklahoma Department of 

Environmental Quality (ODEQ), 

Arkansas Department of Environmental 

Quality (ADEQ), New Mexico 

Environment Department (NMED) and 

the City of Albuquerque, New Mexico 

have each determined that there are no 

existing SSI units subject to CAA 

sections 111(d) and 129 requirements in 

their individual air pollution control 

jurisdictions. In order to fulfill 

obligations under CAA sections 111(d) 

and 129, TCEQ, ODEQ, ADEQ, NMED 

and the City of Albuquerque, New 

Mexico submitted negative declaration 

letters to EPA on January 28, 2013, 

November 14, 2011, May 21, 2012, 

October 6, 2011 and September 12, 

2011, respectively. The submittal of 

these declarations exempts TCEQ, 

ODEQ, ADEQ, NMED and the City of 

Albuquerque, New Mexico from the 

requirement to submit a state plan for 

existing SSI units. 

II. Final Action 

In this Direct Final action, EPA is 

amending part 62 to reflect receipt of 

the negative declaration letters from the 

TCEQ, ODEQ, ADEQ, NMED and the 

City of Albuquerque, New Mexico, 

certifying that there are no existing SSI 

units subject to 40 CFR part 60, subpart 

MMMM, in their respective 

jurisdictions, in accordance with 40 

CFR 60.5010, 40 CFR 62.06, and Section 

111(d) of the CAA. If a designated 

facility (i.e., existing SSI unit) is later 

found within any noted 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 rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

negative declarations if relevant adverse 

comments are received. This rule will 

be effective on June 29, 2015 without 

further notice unless we receive relevant 

adverse comment by June 1, 2015. If we 

receive relevant adverse comments, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

III. 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 notifies 

the public of EPA receipt of negative 

declarations from air pollution control 

agencies without any existing SSI units 

in their jurisdiction. This action 

imposes no requirements. Accordingly, 

EPA 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 action 

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 Tribal 

implications because it will 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). 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 negative declaration for SSI 

units, 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 is not economically 

significant. 

With regard to negative declarations 

for SSI units 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 


rmajette on DSK2VPTVN1PROD with RULES
24222 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

to disapprove a 111(d)/129 plan 

negative declaration submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

negative declaration submission, to use 

VCS in place of a 111(d)/129 plan 

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. 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.). 

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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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 June 29, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action 

approving a negative declaration for SSI 

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, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: April 16, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart E—Arkansas 

■ 2. Subpart E is amended by adding an 

undesignated center heading and 

§ 62.856 to read as follows: 

Emissions From Existing Sewage Sludge 

Incinerator Units 

§ 62.856 Identification of sources— 

negative declaration. 

Letter from the Arkansas Department 

of Environmental Quality, dated May 

21, 2012, certifying that there are no 

known existing sewage sludge 

incineration (SSI) units subject to 40 

CFR part 60, subpart MMMM, within its 

jurisdiction. 

Subpart GG—New Mexico 

■ 3. Subpart GG is amended by adding 

an undesignated center heading and 

§ 62.7892 to read as follows: 

Emissions From Existing Sewage Sludge 

Incinerator Units 

§ 62.7892 Identification of sources. 

(a) Negative declaration for the State 

of New Mexico excluding Bernalillo 

County. Letter from the New Mexico 

Environment Department, dated October 

6, 2011, certifying that there are no 

known existing sewage sludge 

incineration (SSI) units subject to 40 

CFR part 60, subpart MMMM, within its 

jurisdiction, excluding Bernalillo 

County, New Mexico. 

(b) Negative declaration for Bernalillo 

County. Letter from the City of 

Albuquerque Air Pollution Control 

Division, dated September 12, 2011, 

certifying that there are no known 

existing sewage sludge incineration 

(SSI) units subject to 40 CFR part 60, 

subpart MMMM, within the jurisdiction 

of the City of Albuquerque and 

Bernalillo County, New Mexico. 

Subpart LL—Oklahoma 

■ 4. Subpart LL is amended by adding 

an undesignated center heading and 

§ 62.9121 to read as follows: 

Emissions From Existing Sewage Sludge 

Incinerator Units 

§ 62.9121 Identification of sources— 

negative declaration. 

Letter from the Oklahoma Department 

of Environmental Quality, dated 

November 14, 2011, certifying that there 

are no known existing sewage sludge 

incineration (SSI) units subject to 40 

CFR part 60, subpart MMMM, within its 

jurisdiction. 

Subpart SS—Texas 

■ 5. Subpart SS is amended by adding 

an undesignated center heading and 

§ 62.10912 to read as follows: 

Emissions From Existing Sewage Sludge 

Incinerator Units 

§ 62.10912 Identification of sources— 

negative declaration. 

Letter from the Texas Commission on 

Environmental Quality, dated January 

28, 2013, certifying that there are no 

existing sewage sludge incineration 

(SSI) units subject to the requirements 

of 40 CFR part 60, subpart MMMM, 

within its jurisdiction. 

[FR Doc. 2015–10043 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405 and 418 

[CMS–1609–CN] 

RIN 0938–AS10 

Medicare Program; FY 2015 Hospice 

Wage Index and Payment Rate Update; 

Hospice Quality Reporting 

Requirements and Process and 

Appeals for Part D Payment for Drugs 

for Beneficiaries Enrolled in Hospice; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on August 22, 2014 entitled 

‘‘Medicare Program; FY 2015 Hospice 

Wage Index and Payment Rate Update; 

Hospice Quality Reporting 


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