[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82513-82515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2024-0462; FRL-12317-01-R1]


Approval and Promulgation of State Plans (Negative Declarations) 
for Designated Facilities and Pollutants: Maine and Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve negative declarations in lieu of State plans to 
satisfy the requirements in the Emission Guidelines and Compliance 
Times for Commercial and Industrial Solid Waste Incineration Units for 
the State of Maine and the Commonwealth of Massachusetts. The negative 
declarations certify that the States do not have any existing sources 
within their jurisdictions that must comply with the rule.

DATES: This direct final rule will be effective December 10, 2024, 
unless EPA receives adverse comments by November 12, 2024. 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: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0462. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., 
confidential business information (CBI) 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 form. Publicly available docket 
materials are available at https://www.regulations.gov or at the U.S. 
Environmental Protection Agency, EPA Region 1 Regional Office, Air and 
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that, if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and 
facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits, 
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, 
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: <a href="/cdn-cgi/l/email-protection#5c3735302c3d282e353f377236392f2f353f3d1c392c3d723b332a"><span class="__cf_email__" data-cfemail="94fffdf8e4f5e0e6fdf7ffbafef1e7e7fdf7f5d4f1e4f5baf3fbe2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Commercial and Industrial Solid Waste Incineration Regulations
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) delineates regulations for air pollution 
emissions that can adversely impact public health. Section 111(d) of 
the CAA sets standards of performance for existing

[[Page 82514]]

sources of air pollution, specifically pertaining to the remaining 
useful life of a source. Air pollutants subject to this section are 
those which are not already regulated as air quality criteria 
pollutants via 42 U.S.C. 7408(a) or hazardous air pollutants via 42 
U.S.C. 7412. Section 111(d) requires States to submit a plan to EPA for 
approval that establishes the standards of performance and provides for 
their implementation and enforcement. EPA prescribes a Federal plan in 
the cases that a State does not submit a State plan or the submitted 
State plan is disapproved. If a State has no designated facilities for 
a standards of performance source category, it may submit a negative 
declaration in lieu of a State plan for that source category according 
to 40 CFR 60.23(b) and 62.06.

II. Commercial and Industrial Solid Waste Incineration Regulations

    The Emission Guidelines and Compliance Times for Commercial and 
Industrial Solid Waste Incineration Units at 40 CFR part 60, subpart 
DDDD (CISWI Emission Guidelines or subpart DDDD) regulate existing 
commercial and industrial solid waste incineration units (CISWIs) and 
air curtain incinerators (ACIs). A CISWI is defined at Sec.  60.2875 as 
``any distinct operating unit of any commercial or industrial facility 
that combusts, or has combusted in the preceding 6 months, any solid 
waste as that term is defined in 40 CFR part 241.'' The structure of a 
CISWI includes, but is not limited to, a solid waste feed system, a 
grate system, a flue gas system, a waste heat recovery equipment, if 
any, and bottom ash system. An ACI is defined at Sec.  60.2875 as ``an 
incinerator that operates by forcefully projecting a curtain of air 
across an open chamber or pit in which combustion occurs. Incinerators 
of this type can be constructed above or below ground and with or 
without refractory walls and floor.'' Existing units are CISWIs and 
ACIs that: (1) commenced construction on or before November 30, 1999 
and that were not modified or reconstructed after June 1, 2001; (2) 
commenced construction after November 30, 1999, but no later than June 
4, 2010, or commenced modification or reconstruction after June 1, 2001 
but no later than August 7, 2013; or (3) commenced construction on or 
before June 4, 2010, or commenced modification or reconstruction after 
June 4, 2010 but no later than August 7, 2013.
    The air quality programs Administrator of a State subject to 
subpart DDDD must submit a State plan to EPA that implements the CISWI 
Emission Guidelines via Sec.  60.2505. A State with no existing units 
is required to submit a negative declaration letter in place of the 
State plan in accordance with Sec.  60.2510. The Maine Department of 
Environmental Protection (ME DEP) submitted a negative declaration to 
EPA on May 3, 2018, certifying that there are no existing sources in 
the State subject to the requirements of 40 CFR part 60, subpart DDDD. 
Likewise, the Massachusetts Department of Environmental Protection 
(MassDEP) submitted a negative declaration for subpart DDDD to EPA on 
December 18, 2018.

III. Final Action

    EPA is approving the negative declarations submitted by ME DEP and 
MassDEP serving in lieu of their CAA 111(d) State plans for the CISWI 
Emission Guidelines to satisfy the requirements of Sec. Sec.  60.23(b) 
and 62.06.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment 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 negative declarations 
should relevant adverse comments be filed. This rule will be effective 
December 10, 2024 without further notice unless the Agency receives 
relevant adverse comments by November 12, 2024.
    If EPA receives such comments, we will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 10, 2024 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comments 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 
adverse comments.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve a 
111(d) negative declaration in lieu of a State plan that complies with 
the provisions of the CAA and applicable Federal regulations. See 40 
CFR 62.06. In reviewing 111(d) negative declaration letters, EPA's role 
is to approve State choices, provided that they meet the criteria of 
the CAA and of EPA's implementing regulations. Accordingly, this action 
merely approves State law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by State law. For 
that reason, this action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    <bullet> 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 action does not apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. As such, it does not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it 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

[[Page 82515]]

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 December 10, 2024. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section in this issue of the Federal Register, rather than file 
an immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action 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, Administrative practice and procedure, 
Air pollution control, Industrial facilities, Intergovernmental 
relations, Reporting and recordkeeping requirements, Waste treatment 
and disposal.

    Dated: October 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, part 62 of chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLAN FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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


0
2. Revise Sec.  62.4980 to read as follows:


Sec.  62.4980  Identification of Plan--negative declaration.

    On May 3, 2018, the Maine Department of Environmental Protection 
submitted a letter certifying no existing sources subject to 40 CFR 
part 60, subpart DDDD operate within the State's jurisdiction.

0
3. Revise Sec.  62.5475 to read as follows:


Sec.  62.5475  Identification of Plan--negative declaration.

    On December 18, 2018, the Massachusetts Department of Environmental 
Protection submitted a letter certifying no existing sources subject to 
40 CFR part 60, subpart DDDD operate within the Commonwealth's 
jurisdiction.

[FR Doc. 2024-23172 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P


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