10608 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 

Note: At this time, Missouri is 

temporarily not accepting delegation for 

area source NESHAP requirements (40 

CFR part 63, subparts 5W–7H) within 

the State of Missouri as described in an 

August 24, 2010 letter from MDNR to 

the U.S. EPA, Region 7. 

Summary of This Action 

All sources subject to the 

requirements of 40 CFR parts 60, 61, 

and 63 are also subject to the equivalent 

requirements of the above-mentioned 

state or local agencies. 

This document informs the public of 

delegations to the above-mentioned 

agencies of the above-referenced Federal 

regulations. 

Authority 

This document is issued under the 

authority of sections 101, 110, 112, and 

301 of the CAA, as amended (42 U.S.C. 

7401, 7410, 7412, and 7601). 

Dated: February 13, 2015. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2015–04171 Filed 2–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2014–0811; FRL–9923–24– 

Region 8] 

Promulgation of State Air Quality 

Implementation Plans for Designated 

Facilities and Pollutants: Colorado, 

Montana, North Dakota, South Dakota, 

Utah, and Wyoming; Negative 

Declarations; Control of Emissions 

From Existing Sewage Sludge 

Incineration Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action publishing negative declarations 

for sewage sludge incineration (SSI) 

units for: the State of Colorado, the State 

of Montana, the State of North Dakota, 

the State of South Dakota, the State of 

Utah, and the State of Wyoming. Each 

state notified EPA in its negative 

declaration letter that there are no SSI 

units subject to the requirements of 

sections 111(d) and 129 of the Clean Air 

Act (CAA) within the jurisdictional 

boundaries of their state. EPA is 

accepting the negative declarations in 

accordance with the requirements of the 

CAA. 

DATES: This rule is effective on April 28, 

2015 without further notice, unless EPA 

receives adverse comments by March 

30, 2015. 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–R08– 

OAR–2014–0811, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: morrison.kendra@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section if you are 

faxing comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2014– 

0811. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

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 http://

www.regulations.gov or email. The 

http://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 http://

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. For additional instructions on 

submitting comments, see Section I, 

General Information of this document. 

Docket: All documents in the docket 

are listed in the http://

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 http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kendra Morrison, Air Program, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6145, 

morrison.kendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background 

A. Colorado 

B. Montana 

C. North Dakota 

D. South Dakota 

E. Utah 

F. Wyoming 

III. Final Action 

IV. Statutory and Executive Orders Review 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words and 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials EG mean emission 

guidelines. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials NSPS mean new 

source performance standards. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10609 

(v) The initials SSI mean sewage 

sludge incineration. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http://

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

EPA’s statutory authority for the 

regulation of new and existing solid 

waste incineration units is outlined in 

CAA sections 111 and 129. 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. Section 111 of the 

Act gives EPA the statutory authority to 

promulgate new source performance 

standards (NSPS), applicable to new 

units, and/or emission guidelines (EG) 

for existing units. EG are implemented 

and enforced through either an EPAapproved state plan or a promulgated 

federal plan. If a state does not have any 

existing solid waste incineration units 

for the relevant EG, the state shall 

submit a letter to EPA certifying that no 

such units exist within the state (i.e., 

negative declaration) in lieu of a state 

plan. 

A SSI unit is a solid waste incinerator 

located at a wastewater treatment 

facility designed to treat domestic 

sewage sludge. On March 21, 2011 (76 

FR 15372), EPA promulgated (40 CFR 

part 60) NSPS for new SSI units 

(subpart LLLL) and EG for existing SSI 

units (subpart MMMM). Existing SSI 

units are units that commenced 

construction on or before October 14, 

2010. The State of Colorado, the State of 

Montana, the State of North Dakota, the 

State of South Dakota, the State of Utah, 

and the State of Wyoming each 

determined, through negative 

declarations, that there are no existing 

SSI units subject to CAA sections 111 

and 129 within the jurisdictional 

boundaries of their state. 

A. Colorado 

Colorado Department of Public Health 

and Environment submitted a negative 

declaration on April 3, 2013, certifying 

the Air Pollution Control Division 

identified no SSI units affected by the 

EG. 

B. Montana 

Montana Department of 

Environmental Quality submitted a 

negative declaration on December 10, 

2013, certifying no SSI units covered 

under 40 CFR 60, subpart MMMM. 

C. North Dakota 

North Dakota Department of Health 

submitted a negative declaration on 

November 27, 2012, certifying no SSI 

units covered under 40 CFR 60, subpart 

MMMM. 

D. South Dakota 

South Dakota Department of 

Environment and Natural Resources 

submitted a negative declaration on 

November 21, 2012, certifying no SSI 

units subject to 40 CFR 60, subpart 

MMMM. 

E. Utah 

Utah Department of Environmental 

Quality submitted a negative declaration 

on December 23, 2013, certifying no 

existing SSI units. 

F. Wyoming 

Wyoming Department of 

Environmental Quality submitted a 

negative declaration dated February 28, 

2013, certifying no SSI units operating 

within the state. 

Under subpart MMMM, Emission 

Guidelines and Compliance Times for 

Existing Sewage Sludge Incineration 

Units, EPA has no formal review 

process for negative declaration letters 

(40 CFR 60.5030). 

III. Final Action 

EPA is publishing the negative 

declarations for existing SSI units for 

the State of Colorado, the State of 

Montana, the State of North Dakota, the 

State of South Dakota, the State of Utah, 

and the State of Wyoming. The negative 

declarations satisfy the requirements of 

40 CFR 62.06 and will serve in lieu of 

CAA section 111(d)/129 state plans for 

the specified states and source category. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comments. 

However, in the Proposed Rules section 

of today’s Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

publish the negative declarations should 

relevant adverse comments be filed. 

This rule will be effective April 28, 2015 

without further notice unless the 

Agency receives relevant adverse 

comments by March 30, 2015. 

If the EPA receives adverse 

comments, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

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. 

IV. Statutory and Executive Orders 

Review 

This final action merely publishes 

some state negative declarations and 

does not impose additional 

requirements beyond those imposed by 

state law. 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); 


tkelley on DSK3SPTVN1PROD with RULES
10610 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 

• 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 

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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

have a substantial direct effect on one or 

more Indian tribes, and EPA notes that 

it will not 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. 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 28, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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 may 

not be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Solid waste 

incineration, Sewage sludge 

incineration. 

Dated: January 30, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 62 is amended to read 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 G—Colorado 

■ 2. Subpart G is amended by adding an 

undesignated center heading and 

§ 62.1390 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.1390 Identification of plan—negative 

declaration. 

Letter from Colorado Department of 

Public Health & Environment submitted 

to EPA on April 3, 2013, certifying that 

there are no known existing sewage 

sludge incineration units in the State of 

Colorado. 

Subpart BB—Montana 

■ 3. Subpart BB is amended by adding 

an undesignated center heading and 

§ 62.6640 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.6640 Identification of plan—negative 

declaration. 

Letter from Montana Department of 

Environmental Quality submitted to 

EPA on December 10, 2013, certifying 

that there are no known existing sewage 

sludge incineration units in the State of 

Montana. 

Subpart JJ—North Dakota 

■ 4. Subpart JJ is amended by adding an 

undesignated center heading and 

§ 62.8640 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.8640 Identification of plan—negative 

declaration. 

Letter from North Dakota Department 

of Health submitted to EPA on 

November 27, 2012, certifying that there 

are no known existing sewage sludge 

incineration units in the State of North 

Dakota. 

Subpart QQ—South Dakota 

■ 5. Subpart QQ is amended by adding 

an undesignated center heading and 

§ 62.10390 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.10390 Identification of plan—negative 

declaration. 

Letter from South Dakota Department 

of Environmental Quality submitted to 

EPA on November 21, 2012, certifying 

that there are no known existing sewage 

sludge incineration units in the State of 

South Dakota. 

Subpart TT—Utah 

■ 6. Subpart TT is amended by adding 

an undesignated center heading and 

§ 62.11150 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.11150 Identification of plan—negative 

declaration. 

Letter from Utah Department of 

Environmental Quality submitted to 

EPA on December 23, 2013, certifying 

that there are no known existing sewage 

sludge incineration units in the State of 

Utah. 

Subpart ZZ—Wyoming 

■ 7. Subpart ZZ is amended by adding 

an undesignated center heading and 

§ 62.12640 to read as follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.12640 Identification of plan—negative 

declaration. 

Letter from Wyoming Department of 

Environmental Quality submitted to 

EPA and dated February 28, 2013, 

certifying that there are no known 

existing sewage sludge incineration 

units in the State of Wyoming. 

[FR Doc. 2015–03922 Filed 2–26–15; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES