Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66209 

• 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 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide 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). 

In addition, the SIP 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). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Sulfur oxides. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: December 6, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

[FR Doc. 2018–27746 Filed 12–21–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2018–0812; FRL–9988–10– 

Region 7] 

Approval of State Plans for Designated 

Facilities and Pollutants; Kansas; 

Sewage Sludge Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to accept the 

negative declaration submitted by the 

State of Kansas, for Sewage Sludge 

Incineration (SSI) units. This negative 

declaration submitted by the Kansas 

Department of Health and Environment 

(KDHE) certifies that SSI units subject to 

sections 111(d) and 129 of the Clean Air 

Act (CAA) do not exist within the 

jurisdiction of the State of Kansas. The 

EPA is accepting the negative 

declaration in accordance with the 

requirements of the CAA. 

DATES: Comments must be received on 

or before January 25, 2019. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2018–0812, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Larry Gonzalez, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number (913) 551–7041; 

email address gonzalez.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. Written Comments 

II. Background 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2018– 

0812, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

The CAA requires that state regulatory 

agencies implement emission guidelines 

and associated compliance times using 

a state plan developed under sections 

111(d) and 129 of the CAA. 

The general provisions for the 

submittal and approval of state plans are 

codified in 40 Code of Federal 

Regulations (CFR) part 60, subpart B 

and 40 CFR part 62, subpart A. Section 

111(d) establishes general requirements 

and procedures on state plan submittals 

for the control of designated pollutants. 

Section 129 requires emission 

guidelines to be promulgated for all 

categories of solid waste incineration 

units, including SSI units. SSI units are 

defined at 40 CFR part 60.5250 as ‘‘an 

incineration unit combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter. Sewage 

sludge incineration unit designs include 

fluidized bed and multiple hearth. An 

SSI unit also includes, but is not limited 

to, the sewage sludge feed system, 

auxiliary fuel feed system, grate system, 

flue gas system, waste heat recovery 

equipment, if any, and bottom ash 

system. The SSI unit includes all ash 

handling systems connected to the 

bottom ash handling system. The 

combustion unit bottom ash system 

ends at the truck loading station or 

similar equipment that transfers the ash 

to final disposal. The SSI unit does not 

include air pollution control equipment 

or the stack.’’ 

Section 129 mandates that all plan 

requirements be at least as protective as 

the promulgated emission guidelines. 

This includes fixed final compliance 

dates, fixed compliance schedules, and 

Title V permitting requirements for all 

affected sources. Section 129 also 

requires that state plans be submitted to 

EPA within one year after EPA’s 

promulgation of the emission guidelines 

and compliance times. 

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 SSI units for the relevant 

emission guidelines, a letter can be 

submitted certifying that no such units 

exist within the state (i.e., negative 

declaration) in lieu of a state plan, in 

accordance with 40 CFR 60.5010. The 

negative declaration exempts the state 

from the requirements of subpart B that 


amozie on DSK3GDR082PROD with PROPOSALS1
66210 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

would otherwise require the submittal 

of a CAA section 111(d)/129 plan. 

On March 21, 2011, EPA finalized 

emission guidelines for SSI units at 76 

FR 15372, (found at 40 CFR part 60, 

subpart MMMM). Following the 2011 

final rule, KDHE determined that there 

were two SSI units operating at a single 

facility in Kansas, but those units were 

permanently shut down on June 14, 

2014 and September 7, 2016. Prior to 

shutdown of the two units at the single 

facility in Kansas, the two units were 

regulated via the Federal plan under the 

enforcement oversight of EPA Region 7. 

In response and following the shutdown 

of the units, KDHE submitted a negative 

declaration for SSI units on April 30, 

2018. 

EPA is proposing to accept KDHE’s 

negative declaration submission made 

on April 30, 2018. This action applies 

to the state’s regulatory requirements for 

existing facilities and not new sources. 

III. What action is EPA proposing to 

take? 

In this proposed action the EPA 

proposes to amend 40 CFR part 62 to 

reflect receipt of the negative 

declaration letter from KDHE certifying 

that there are no existing SSI units 

subject to 40 CFR part 60, subpart 

MMMM, in accordance with section 

111(d) of the CAA. 

IV. Statutory and Executive Order 

Reviews 

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 under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This 

proposed 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 proposes 

to approve the state’s negative 

declaration as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

rulemaking 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 proposed action 

does not impose an enforceable duty 

upon State, local, or tribal governments, 

and does not reduce or eliminate the 

amount of authorization of Federal 

appropriations, and because it contains 

no regulatory requirements applicable to 

small governments, this proposed action 

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 action 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). Thus, Executive Order 

13132 does not apply to this action. 

This action merely proposes to approve 

a state negative declaration submitted in 

response to a Federal standard and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rulemaking also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it proposes to 

approve a state submission in response 

to a Federal standard. 

This proposed action does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Burden is defined at 5 CFR 

1320.3(b). 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Sewage sludge 

incineration units. 

Dated: December 14, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 62 as set forth below: 

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 R—Kansas 

■ 2. Amend Subpart R by adding 

paragraph § 62.4183 to read as follows: 

Air Emissions From Existing Sewage 

Sludge Incineration Units. 

§ 62.4183 Identification of plan—negative 

declaration. 

Letter from the Kansas Department of 

Health and Environment submitted 

April 30, 2018, certifying that there are 

no sewage sludge incineration units 

subject to 40 CFR 60, subpart MMMM. 

[FR Doc. 2018–27906 Filed 12–21–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 258 

[EPA–HQ–RCRA–2015–0354; FRL–9988–41– 

OLEM] 

RIN 2050–AG86 

Revisions to the Criteria for Municipal 

Solid Waste Landfills To Address 

Advances in Liquids Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Advance Notice of Proposed 

Rulemaking. 

SUMMARY: The Environmental Protection 

Agency (EPA) is considering whether to 

propose revisions to the criteria for 

Municipal Solid Waste Landfills 

(MSWLFs) to support advances in 

effective liquids management. To this 

end, EPA is seeking information relating 

to: Removing the prohibition on the 

addition of bulk liquids to MSWLFs; 

defining a particular class of MSWLF 

units (i.e., bioreactor landfill units) to 

operate with increased moisture 

content; and establishing revised 

MSWLF criteria to address additional 

technical considerations associated with 

liquids management, including waste 

stability, subsurface reactions, and other 

important safety and operational issues. 

This Advance Notice of Proposed 

Rulemaking (ANPRM) also discusses the 

results of related research conducted to 

date, describes EPA’s preliminary 

analysis of that research, and seeks 

additional scientific studies, data, and 

public input on issues that may inform 

a future proposed rule. The EPA is not 

reopening any existing regulations 

through this ANPRM. 

DATES: Comments must be received on 

or before March 26, 2019. If necessary, 

EPA may convene a public meeting to 

collect more information on this issue 

after the close of the public comment 

period. The EPA would provide notice 


amozie on DSK3GDR082PROD with PROPOSALS1