Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 5483 

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF NEW MEXICO—Continued 

[Excluding Indian Country] 

Subpart Source category NMED 1 2 ABCAQCB1 3

WWWWWW ...................... Plating and Polishing Operations Area Sources ..................................................... X ........................

XXXXXX ............................ Metal Fabrication and Finishing Area Sources ........................................................ X ........................

YYYYYY ............................ Ferroalloys Production Facilities Area Sources ....................................................... X ........................

ZZZZZZ ............................. Aluminum, Copper, and Other Nonferrous Foundries Area Sources ...................... X ........................

AAAAAAA ......................... Asphalt Processing and Asphalt Roofing Manufacturing Area Sources ................. X ........................

BBBBBBB ......................... Chemical Preparation Industry Area Sources ......................................................... X ........................

CCCCCCC ........................ Paints and Allied Products Manufacturing Area Sources ........................................ X ........................

DDDDDDD ........................ Prepared Feeds Areas Sources .............................................................................. X ........................

EEEEEEE ......................... Gold Mine Ore Processing and Production Area Sources ...................................... X ........................

FFFFFFF—GGGGGGG .... (Reserved) ................................................................................................................ ........................

HHHHHHH ........................ Polyvinyl Chloride and Copolymers Production Major Sources .............................. X ........................

1Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of 

Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to 

Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under 

‘‘Delegation of Authority’’) that cannot be delegated. 2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended in the Federal Register through August 29, 2013. 3Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by EPA, as amended 

in the Federal Register through July 1, 2004. 4The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged

and applied for delegation of the standard. The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District 

of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the DC Court’s holding 

this subpart is not delegated to NMED or ABCAQCB at this time. 5This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Columbia Circuit. 6Final rule. See 78 FR 7138 (January 31, 2013). 

7This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on March 13, 

2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC Court’s holding this subpart is not delegated to NMED at this 

time. 8 Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues on April 24, 2013 (78 FR 24073). 

Portions of this subpart are in proposed reconsideration pending final action on June 25, 2013 (78 FR 38001, 2013). 

* * * * * 

[FR Doc. 2015–01190 Filed 1–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
5484 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 

1The 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. 

2The 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. 

3The 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. 

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 EPAprescribed plan, also known as a 

Federal plan, is often delegated to states 

with designated facilities but no EPAapproved 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

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

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

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 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 nonregulatory 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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart N—IDAHO 

■ 2. Subpart N is amended by adding an 

undesignated center heading and 

§ 62.3140 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 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. 

■ 3. Subpart N is amended by adding an 

undesignated center heading and 

§ 62.3150 to read as follows: 

Emissions From Existing Commercial 

Industrial Solid Waste Incinerators 

§ 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 

■ 4. Subpart MM is amended by adding 

an undesignated center heading and 

§ 62.9520 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 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] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (Corporation) is required by 

law to establish maximum income 

levels for individuals eligible for legal 

assistance. This document updates the 

specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines issued by the 

Department of Health and Human 

Services (HHS). 

DATES: Effective February 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K St. NW., Washington, DC 20007; 

(202) 295–1563; sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (Act), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance. 

Section 1007(a)(2) of the Act also 

provides that other specified factors 

shall be taken into account along with 

income. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines. 45 CFR 

1611.3(c). Since 1982, HHS has been 


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