34918 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–13727 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2013–0372; FRL–9821–1] 

Direct Final Approval of Sewage 

Sludge Incinerators State Plan for 

Designated Facilities and Pollutants; 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

State Plan to control air pollutants from 

‘‘Sewage Sludge Incinerators’’ (SSI). The 

Indiana Department of Environmental 

Management (IDEM) submitted the State 

Plan on February 27, 2013. The State 

Plan is consistent with the Emission 

Guidelines (EGs) promulgated by EPA 

on March 21, 2011. This approval 

means that EPA finds that the State Plan 

meets applicable Clean Air Act (Act) 

requirements for subject SSI units. Once 

effective, this approval also makes the 

State Plan Federally enforceable. 

DATES: This direct final rule will be 

effective August 12, 2013, unless EPA 

receives adverse comments by July 11, 

2013. If adverse comments are received, 

EPA 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–R05– 

OAR–2013–0372, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312) 692–2543. 

4. Mail: Carlton T. Nash, Chief, Toxics 

and Global Atmosphere Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Toxics and Global Atmosphere 

Section, Air Toxics and Assessment 

Branch (AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0372. 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: 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., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 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 Does the State plan contain? 

III. Does the State Plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On March 21, 2011, in accordance 

with sections 111 and 129 of the Act, 

EPA promulgated SSI EGs and 

compliance schedules for the control of 

emissions from existing SSI units. See 

76 FR 15404. 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 

Under section 111(d) of the Act, EPA 

is required to develop regulations for 

existing sources of noncriteria 

pollutants (i.e., a pollutant for which 

there is no national ambient air quality 

standard) whenever EPA promulgates a 

standard for a new source. This would 

include SSIs. Section 111(d) plans are 

subject to EPA review and approval. 

Under section 129(b)(2) of the Act and 

the EGs at subpart MMMM, States with 

SSIs must submit to EPA plans that 

implement the EGs. The plans must be 

at least as protective as the EGs, which 

are not Federally enforceable until EPA 

approves them (or promulgates a 

Federal Plan for implementation and 

enforcement). 

40 CFR part 60, subpart B contains 

general provisions applicable to the 

adoption and submittal of State Plans 

for subject facilities under section 

111(d), which would include SSIs. On 

February 27, 2013, Indiana submitted its 

SSI State Plan, which EPA received on 

March 1, 2013. This submission 

followed public hearings for 

preliminary adoption of the State rule 

on May 2, 2012 and for final adoption 

on August 1, 2012. The State adopted 

the final rule on October 31, 2012 and 

it became effective on November 1, 

2012. The plan includes State rule 326 

IAC 11–10, which establishes emission 

standards for existing SSI. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34919 

II. What does the State Plan contain? 

The State submittal is based on the 

SSI EGs. As set forth in section 129 of 

the Act and in 40 CFR part 60, subparts 

B and MMMM, the State Plan addresses 

the nine minimum required elements, as 

follows: 

1. An inventory of affected SSI units, 

including those that have ceased 

operation but have not been dismantled. 

Indiana has provided this. 

2. An inventory of the emissions from 

affected SSI units. Indiana has provided 

this. 

3. Compliance schedules for each 

affected SSI unit. Indiana has provided 

a compliance schedule and a 

compliance date of December 21, 2015. 

4. Emission limits, emission 

standards, operator training and 

qualification requirements and 

operating limits for affected SSI units 

that are at least as protective as the EGs. 

Indiana has provided this. 

5. Performance testing, recordkeeping 

and reporting and requirements. Indiana 

has provided this. 

6. Certification that the hearing on the 

state plan was held, a list of witnesses 

and their organizational affiliations, if 

any, appearing at the hearing, and a 

brief written summary of each 

presentation or written submission. 

Indiana has provided this. 

7. A provision for State progress 

reports to EPA. Indiana has stated that 

it will submit an annual report that will 

include updates to the inventory, any 

enforcement activities and submission 

of copies of technical reports on all 

performance testing on designated 

facilities. The Air Facility System will 

be used to submit information 

pertaining to emissions, inspections, 

status of compliance, dates of 

performance testing, and enforcement 

actions. 

8. Identification of enforceable state 

mechanisms that the State selected for 

implementing the EGs. Indiana has 

provided a detailed list which identified 

the enforceable mechanisms. 

9. A demonstration of the State’s legal 

authority to carry out the SSI State Plan. 

Indiana has provided a detailed list 

which demonstrated that it has such 

legal authority. This includes the legal 

authority to incorporate by reference 

Federal emission guidelines provisions, 

as confirmed by an Indiana Attorney 

General’s Opinion letter dated February 

21, 2013. 

III. Does the State Plan meet the EPA 

requirements? 

EPA evaluated the SSI State Plan and 

related information submitted by 

Indiana for consistency with the Act, 

EPA regulations and policy. For the 

reasons discussed above, EPA has 

determined that the State Plan meets all 

applicable requirements and, therefore, 

is approving it. 

IV. What action is EPA taking? 

EPA is approving the State Plan 

which Indiana submitted on February 

27, 2013, for the control of emissions 

from existing SSI sources in the State. 

EPA is publishing this approval notice 

without prior proposal because the 

Agency views this as a noncontroversial action and anticipates no 

adverse comments. However, in the 

proposed rules section of this Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve the State Plan 

in the event adverse written comments 

are filed. This rule will be effective 

August 12, 2013 without further notice 

unless we receive relevant adverse 

written comments by July 11, 2013. If 

we receive such comments, we will 

withdraw this action before the effective 

date by publishing a subsequent 

document that will withdraw the final 

action. All public comments received 

will then be addressed in a subsequent 

final rule based on the proposed action. 

EPA will not institute a second 

comment period. Any parties interested 

in commenting on this action should do 

so at this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. If we do not receive 

any comments, this action will be 

effective August 12, 2013. 

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 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 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.). 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
34920 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 12, 2013. 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 Indiana’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: May 28, 2013. 

Susan Hedman, 

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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Add an undesignated center 

heading and §§ 62.3670, 62.3671, and 

62.3672 to subpart P to read as follows: 

Control of Air Emissions From Sewage 

Sludge Incinerators 

§ 62.3670 Identification of plan. 

On February 27, 2013, Indiana 

submitted a State Plan for implementing 

the emission guidelines for Sewage 

Sludge Incinerators (SSI). The 

enforceable mechanism for this State 

Plan is a State rule codified in 326 

Indiana Administrative Code (IAC) 11– 

10. The rule was adopted on August 1, 

2012, and became effective on 

November 1, 2012. 

§ 62.3671 Identification of sources. 

The Indiana State Plan for existing 

Sewage Sludge Incinerators (SSI) 

applies to all SSIs for which 

construction commenced on or before 

October 14, 2010 or for which a 

modification was commenced on or 

before September 21, 2011 primarily to 

comply with this rule. 

§ 62.3672 Effective Date. 

The Federal effective date of the 

Indiana State Plan for existing Sewage 

Sludge Incinerators is August 12, 2013. 

[FR Doc. 2013–13724 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

Institute of Museum and Library 

Services 

45 CFR Part 1180 

RIN 3137–AA21 

Technical Amendments To Reflect the 

Authorizing Legislation of the Institute 

of Museum and Library Services 

AGENCY: Institute of Museum and 

Library Services (IMLS), NFAH. 

ACTION: Technical amendment; final 

rule. 

SUMMARY: The Institute of Museum and 

Library amends its grants regulations by 

removing outdated regulations and 

making certain technical amendments to 

reflect Congress’ reauthorization of the 

Institute of Museum and Library 

Services under the Museum and Library 

Services Act of 2010, as further 

amended by the Presidential 

Appointment Efficiency and 

Streamlining Act of 2011. The 

amendments also reorganize certain 

regulations to provide greater clarity for 

agency applicants and grantees. 

DATES: Effective June 11, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Nancy E. Weiss, General Counsel, 

Institute of Museum and Library 

Services, 1800 M Street NW., Suite 900, 

Washington, DC 20036. Email: 

nweiss@imls.gov. Telephone: (202) 653– 

4640. Facsimile: (202) 653–4610. 

SUPPLEMENTARY INFORMATION: 

I. Technical Amendments and Removal 

of the Institute’s Outdated Regulations 

IMLS amends 45 CFR part 1180 to 

remove outdated regulations and make 

minor technical amendments to reflect 

Congress’ reauthorization of the 

Institute of Museum and Library 

Services with the Museum and Library 

Services Act of 2010, Public Law 111– 

340 (December 22, 2010), as further 

amended by the Presidential 

Appointment Efficiency and 

Streamlining Act of 2011, Public Law 

112–166 (August 10, 2012). These 

revisions are meant to fulfill the 

Institute’s responsibility to its eligible 

grant applicants by ensuring that all 

regulations, policies, and procedures are 

up-to-date. The regulations being 

removed include regulations relating to 

programs and requirements no longer in 

existence at the Institute as a result of 

both agency practice and the Museum 

and Library Services Act of 2010, Public 

Law 111–340 (December 22, 2010), as 

further amended by the Presidential 

Appointment Efficiency and 

Streamlining Act of 2011, Public Law 

112–166 (August 10, 2012). In the 

interests of economy of administration, 

and because all of the regulations to be 

removed are outdated and the technical 

amendments are minor, they are 

included in one rulemaking vehicle. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. There 

is good cause for making this action 

final without prior proposal and 

opportunity for comment because the 

rule contains minor technical 

amendments that provide agency 

applicants and grantees with greater 

clarity and additional flexibility. 

II. Matters of Regulatory Procedure 

Regulatory Planning and Review (E.O. 

12866) 

Under Executive Order 12866, the 

Institute must determine whether the 

regulatory action is ‘‘significant’’ and 

therefore subject to OMB review and the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 


wreier-aviles on DSK5TPTVN1PROD with RULES