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[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66209-66210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27906]

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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.

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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 [email protected].

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

[[Page 66210]]

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

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1. The authority citation for part 62 continues to read as follows:

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

Subpart R--Kansas

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2. Amend Subpart R by adding paragraph Sec.  62.4183 to read as 
follows: Air Emissions From Existing Sewage Sludge Incineration Units.

Sec.  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
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