[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44738-44743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20595]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0171; FRL-9968-11-Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Colorado, Montana, North Dakota, South 
Dakota, Utah, and Wyoming; Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve 20 negative declarations for four designated facility 
classes in all Region 8 states. First, the EPA is approving negative 
declarations from Colorado, Montana, North Dakota, South Dakota and 
Wyoming for existing small municipal waste combustor (MWC) units. 
Second, the EPA is approving negative declarations from Colorado, 
Montana, North Dakota, South Dakota, Utah and Wyoming for existing 
large MWC units. Third, the EPA is approving negative declarations from 
Montana, South Dakota, Utah and Wyoming for existing commercial and 
industrial solid waste incineration (CISWI) units. Fourth, the EPA is 
approving negative declarations from Montana, North Dakota, South 
Dakota, Utah and Wyoming for existing other solid waste incineration 
(OSWI) units. Each of the negative declaration letters approved in this 
final rulemaking action is a certified statement from the issuing state 
that there are no existing designated facilities of the source category 
specified in the negative declaration, within the jurisdiction of that 
state, which would require the development of a Clean Air Act (CAA) 
section 111(d)/129 state plan. These approved negative declarations 
will serve in lieu of a state plan unless a previously unknown facility 
falling under these particular emissions guidelines is identified and 
development of a state plan becomes necessary.

DATES: This rule is effective October 26, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0171. All documents in the docket are 
listed on the https://www.regulations.gov Web site. 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, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through 
Regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, 
<a href="/cdn-cgi/l/email-protection#d5b9babda7beb0fbb2a7b0b2baa7ac95b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="0c6063647e6769226b7e696b637e754c697c6d226b637a">[email protected]</span></a>.

[[Page 44739]]


SUPPLEMENTARY INFORMATION: There have been no changes to the regulatory 
language from the language presented in the previous direct final 
action published on June 5, 2017 (82 FR 25734), amended by a correction 
action published on August 2, 2017 (82 FR 35906).

I. Background Information

    The EPA's statutory authority for regulating new and existing solid 
waste incineration units is outlined in CAA sections 111 and 129. 
Section 129 of the Act is specific to solid waste combustion and 
requires the EPA to establish performance standards for each category 
of solid waste incineration units, which include the categories 
addressed in this notice. Section 111(b) of the Act gives the EPA the 
statutory authority to promulgate new source performance standards 
(NSPS) for new incineration units. Section 111(d) requires states to 
submit plans to control designated pollutants at existing incineration 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) and the EPA has established 
emission guidelines for existing designated facilities. Emission 
guidelines are implemented and enforced by state pollution control 
agencies through these EPA-approved section 111(d)/129 state plans or a 
promulgated federal plan adopted by the state. If a state does not have 
any existing solid waste incineration units for the relevant emission 
guidelines, the state shall submit a letter to the EPA certifying that 
no such units exist within the state (i.e., a negative declaration) in 
lieu of a state plan.
    Emission guidelines for small MWC units were originally promulgated 
alongside guidelines for large MWC units in December 1995 (40 CFR part 
60, subpart Cb). These guidelines were vacated by the U.S. Court of 
Appeals for the District of Columbia Circuit in March 1997 when the 
court held that the EPA should separately regulate small MWC units to 
remain consistent with the provisions of section 129 of the CAA. On 
December 6, 2000, the EPA issued a final rule (65 FR 76378) to 
reestablish emission guidelines and compliance times for existing small 
MWC units constructed on or before August 30, 1999, that have the 
capacity to combust 35 to 250 tons per day of municipal solid waste (40 
CFR part 60, subpart BBBB). The federal plan for these units was 
promulgated on January 31, 2003 (68 FR 5144), at 40 CFR part 62, 
subpart JJJ.
    In December 1995, the EPA adopted NSPS (40 CFR part 60, subpart Eb) 
and emission guidelines (40 CFR part 60, subpart Cb) for large MWC 
units. The EPA conducted a five-year review of the NSPS and emission 
guidelines for large MWC units as required by section 129(a)(5) of the 
CAA and proposed amendments on December 19, 2005 (70 FR 75348). On May 
10, 2006, after consideration of comments received on this proposal, 
revisions and amendments to the emission guidelines and compliance 
times for large MWC units were promulgated at 40 CFR part 60, subpart 
Cb (71 FR 27323).
    On February 7, 2013, revision of the emission guidelines and 
compliance times for CISWI units was adopted and promulgated (78 FR 
9112) at 40 CFR part 60, subpart DDDD. Reconsideration of certain 
aspects of the final rule due to public comment resulted in minor 
amendments to the CISWI rule being made on June 23, 2016. On October 3, 
2003, the EPA promulgated the federal plan for CISWI units that 
commenced construction on or before November 30, 1999 (68 FR 57539), at 
40 CFR part 62, subpart III.
    On December 16, 2005, emission guidelines and compliance times were 
promulgated for existing other solid waste incineration units that 
commenced construction on or before December 9, 2004 (70 FR 74907), at 
40 CFR part 60, subpart FFFF. Reconsideration of certain aspects of the 
final rule resulted in minor amendments to the OSWI rule being made on 
January 22, 2007.
    The EPA proposed approval and promulgation of several negative 
declarations from the EPA Region 8 states for the above emission 
guidelines by publishing in parallel proposed and direct final 
rulemaking actions on June 5, 2017 (82 FR 25753 and 82 FR 25734). A 
correction to the amended regulatory language was published on August 
2, 2017 (82 FR 35906). During the public commentary period of the 
proposal, the EPA received one comment. In general, this comment 
claimed the proposed and direct final actions lacked sufficient proof 
that no environmental impact would result from the rulemaking action. 
The EPA disagrees with this claim, and a more complete summary of the 
comment and the EPA's response and justification for final rulemaking 
can be found in section ``III. Response to Public Comments,'' of this 
preamble. However, receipt of the comment necessitated a timely 
withdrawal of the direct final rulemaking action on August 4, 2017 (82 
FR 36335), and the subsequent initiation of the present final 
rulemaking action to promulgate the approved negative declarations.

II. State Submittals

A. Existing Small Municipal Waste Combustion Units Negative 
Declarations From the States of Colorado, Montana, North Dakota, South 
Dakota and Wyoming

    The Colorado Department of Public Health and Environment, the 
Montana Department of Environmental Quality, the North Dakota 
Department of Health, the South Dakota Department of Environment and 
Natural Resources and the Wyoming Department of Environmental Quality 
have submitted letters certifying that there are no existing small MWC 
units under state jurisdiction in their respective states subject to 40 
CFR part 60, subpart BBBB. These negative declarations meet the 
requirements of 40 CFR 62.06, and the EPA outlines no formal review 
process for negative declaration letters under subpart BBBB--Emission 
Guidelines and Compliance Times for Small Municipal Waste Combustion 
Units Constructed On or Before August 30, 1999. The dates of submission 
for these letters are outlined in the table below.

------------------------------------------------------------------------
   State agency submitting the negative     Date of letter to EPA Region
                declaration                           8 Office
------------------------------------------------------------------------
Colorado Department of Public Health and    January 8, 2001.
 Environment.
Montana Department of Environmental         June 27, 2005.
 Quality.
North Dakota Department of Health.........  November 27, 2001.
South Dakota Department of Environment and  January 25, 2002.
 Natural Resources.
Wyoming Department of Environmental         October 9, 2001.
 Quality.
------------------------------------------------------------------------

B. Existing Large Municipal Waste Combustion Units Continued Negative 
Declarations From the States of Colorado, Montana, North Dakota, South 
Dakota, Utah and Wyoming

    The Colorado Department of Public Health and Environment, the 
Montana Department of Environmental Quality, the North Dakota 
Department of Health, the South Dakota Department of Environment and 
Natural Resources, the Utah Department of Environmental Quality and the 
Wyoming Department of Environmental Quality have submitted letters 
continuing their certification that there are no existing large MWC 
units under state jurisdiction in their respective states subject to 40 
CFR part 60, subpart Cb. These negative declarations meet the

[[Page 44740]]

requirements of 40 CFR 62.06, and the EPA outlines no formal review 
process for negative declaration letters under 40 CFR part 60, subpart 
Cb--Emissions Guidelines and Compliance Times for Large Municipal Waste 
Combustors That Are Constructed On or Before September 20, 1994. The 
dates of submission for these letters are outlined in the table below.

------------------------------------------------------------------------
   State agency submitting the negative     Date of letter to EPA Region
                declaration                           8 Office
------------------------------------------------------------------------
Colorado Department of Public Health and    October 13, 2015.
 Environment.
Montana Department of Environmental         March 18, 2015.
 Quality.
North Dakota Department of Health.........  February 26, 2015.
South Dakota Department of Environment and  April 3, 2017.
 Natural Resources.
Utah Department of Environmental Quality..  March 22, 2017.
Wyoming Department of Environmental         April 23, 2015.
 Quality.
------------------------------------------------------------------------

C. Existing Commercial and Industrial Solid Waste Incineration Units 
Continued Negative Declarations From the States of Montana, South 
Dakota, Utah and Wyoming

    The Montana Department of Environmental Quality, the South Dakota 
Department of Environment and Natural Resources, the Utah Department of 
Environmental Quality and the Wyoming Department of Environmental 
Quality have submitted letters continuing their certification that 
there are no existing CISWI units under state jurisdiction in their 
respective states subject to 40 CFR part 60, subpart DDDD. These 
negative declarations meet the requirements of 40 CFR 62.06, and the 
EPA outlines no formal review process for negative declaration letters 
under 40 CFR part 60, subpart DDDD--Emissions Guidelines and Compliance 
Times for Commercial and Industrial Solid Waste Incineration Units That 
Commenced Construction On or Before November 30, 1999. The dates of 
submission for these letters are outlined in the table below.

------------------------------------------------------------------------
   State agency submitting the negative     Date of letter to EPA Region
                declaration                           8 Office
------------------------------------------------------------------------
Montana Department of Environmental         March 18, 2015.
 Quality.
South Dakota Department of Environment and  April 3, 2017.
 Natural Resources.
Utah Department of Environmental Quality..  March 22, 2017.
Wyoming Department of Environmental         February 23, 2017.
 Quality.
------------------------------------------------------------------------

D. Existing Other Solid Waste Incineration Units Negative Declarations 
From the States of Montana, North Dakota, South Dakota, Utah and 
Wyoming

    The Montana Department of Environmental Quality, the North Dakota 
Department of Health, the South Dakota Department of Environment and 
Natural Resources, the Utah Department of Environmental Quality and the 
Wyoming Department of Environmental Quality have submitted letters 
certifying that there are no existing OSWI units under state 
jurisdiction in their respective states subject to 40 CFR part 60, 
subpart FFFF. These negative declarations meet the requirements of 40 
CFR 62.06, and the EPA outlines no formal review process for negative 
declaration letters under 40 CFR part 60, subpart FFFF--Emission 
Guidelines and Compliance Times for Other Solid Waste Incineration 
Units That Commenced Construction On or Before December 9, 2004. The 
dates of submission for these letters are outlined in the table below.

------------------------------------------------------------------------
   State agency submitting the negative     Date of letter to EPA Region
                declaration                           8 Office
------------------------------------------------------------------------
Montana Department of Environmental         March 18, 2015.
 Quality.
North Dakota Department of Health.........  September 20, 2006.
South Dakota Department of Environment and  May 4, 2007.
 Natural Resources.
Utah Department of Environmental Quality..  December 20, 2006.
Wyoming Department of Environmental         May 3, 2007.
 Quality.
------------------------------------------------------------------------

III. Response to Public Comments

    Today's rule will be finalized as proposed without revisions. The 
EPA received a total of one public comment on the proposed approval and 
promulgation of negative declarations from Region 8 states. After 
considering the comment, the EPA has determined that the comment is 
outside the scope of the purpose and effect of the proposed action. The 
following section is a summary of the public comment received, the 
response, and the rationale for the EPA's decision to proceed with the 
proposed action without revisions. The comment to which this section is 
addressed is located in the docket for this rulemaking action, which 
can be accessed by following the instructions outlined in the ADDRESSES 
section of this preamble.

A. Failure To Document `No Negative Effect'

    Comment: The comment received, as it was written on the 
Regulations.gov Web site, is presented here for clarity:
    ``The documentation provided is rather limited. While there is a 
declaration of no negative effect, proof of that would be needed rather 
than to issue a statement saying there is no negative effect. There 
needs to be an analysis of the public that helps determine that for 
sure and not violate the NEPA provisions that would require public 
involvement.''
    Response: This comment raises issues outside the scope of the EPA's 
approval of negative declarations concerning designated facilities 
covered under CAA section 111(d)/129. The EPA's direct final rule would 
approve letters from states stating that no incinerators of certain 
categories and classes existed within the states' jurisdiction in 
accordance with the relevant regulations at 40 CFR 60.23(b) and 62.06. 
The EPA made no ``declaration of no negative effect.'' The EPA also 
provided the appropriate documentation, as scanned copies of the 
negative declaration letters from the states are available in this 
rulemaking's docket, filed as supporting documents. These certified 
negative declarations will serve in lieu of a 111(d)/129 state plan 
unless a relevant existing designated facility is found within state 
jurisdiction and development of a state plan is required. In no case 
would the negative declaration process trigger a NEPA review nor would 
the EPA be required to undertake an environmental or economic impact 
analysis of a section 111(d) negative declaration and issue a finding 
analogous to a ``declaration of no negative effect.''

IV. Final Action

    The EPA is approving the negative declarations for existing small 
MWC units for the states of Colorado, Montana, North Dakota, South 
Dakota and 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.
    The EPA is also approving the updated negative declarations for 
existing large MWC units for the states of Colorado, Montana, North 
Dakota, South Dakota, Utah and 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.
    The EPA is also publishing the updated negative declarations for

[[Page 44741]]

existing CISWI units for the states of Montana, South Dakota, Utah and 
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.
    The EPA is also approving the negative declarations for existing 
OSWI units for the states of Montana, North Dakota, South Dakota, Utah 
and 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.

V. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a section 
111(d)/129 plan submission that complies with the provisions of the Act 
and applicable federal regulations at 40 CFR 62.04. Thus, in reviewing 
section 111(d)/129 plan submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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);
    <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; and,
    <bullet> Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this rule is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 27, 2017. 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 it shall not postpone the effectiveness of such rule or 
action. Under CAA section 307(b)(2), this action may not be challenged 
later in proceedings to enforce its requirements.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial industrial solid waste incineration, 
Intergovernmental relations, Municipal solid waste combustion, Other 
solid waste incineration.

    Dated: September 7, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS 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.

Subpart G--Colorado

0
2. Revise Sec.  62.1370 to read as follows:


Sec.  62.1370  Identification of plan--negative declaration.

    Letter from the Colorado Department of Public Health and 
Environment submitted October 13, 2015, certifying that there are no 
existing large municipal waste combustion units within the State of 
Colorado that are subject to part 60, subpart Cb, of this chapter.

0
3. Subpart G is amended by adding an undesignated center heading and 
Sec.  62.1400 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.1400   Identification of plan--negative declaration.

    Letter from the Colorado Department of Public Health and 
Environment submitted January 8, 2001, certifying that there are no 
existing small municipal waste combustion units within the State of 
Colorado that are subject to part 60, subpart BBBB, of this chapter.

Subpart BB--Montana

0
4. Revise Sec.  62.6620 to read as follows:


Sec.  62.6620  Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of Montana that are 
subject to part 60, subpart Cb, of this chapter.

0
5. Revise Sec.  62.6630 to read as follows:


Sec.  62.6630   Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing 
commercial and industrial solid waste incineration units within

[[Page 44742]]

the State of Montana that are subject to part 60, subpart DDDD, of this 
chapter.

0
6. Subpart BB is amended by adding an undesignated center heading and 
Sec.  62.6650 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.6650   Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted June 27, 2005, certifying that there are no existing small 
municipal waste combustion units within the State of Montana that are 
subject to part 60, subpart BBBB, of this chapter.

0
7. Subpart BB is amended by adding an undesignated center heading and 
Sec.  62.6660 to read as follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.6660   Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing other 
solid waste incineration units within the State of Montana that are 
subject to part 60, subpart FFFF, of this chapter.

Subpart JJ--North Dakota

0
8. Revise Sec.  62.8620 to read as follows:


Sec.  62.8620   Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted 
February 26, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of North Dakota that 
are subject to part 60, subpart Cb, of this chapter.

0
9. Subpart JJ is amended by adding an undesignated center heading and 
Sec.  62.8650 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.8650   Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted 
November 27, 2001, certifying that there are no existing small 
municipal waste combustion units within the State of North Dakota that 
are subject to part 60, subpart BBBB, of this chapter.

0
10. Subpart JJ is amended by adding an undesignated center heading and 
Sec.  62.8660 to read as follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.8660   Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted 
September 20, 2006, certifying that there are no existing other solid 
waste incineration units within the State of North Dakota that are 
subject to part 60, subpart FFFF, of this chapter.

Subpart QQ--South Dakota

0
11. Revise Sec.  62.10370 to read as follows:


Sec.  62.10370   Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted April 3, 2017, certifying that there are no 
existing large municipal waste combustion units within the State of 
South Dakota that are subject to part 60, subpart Cb, of this chapter.

0
12. Revise Sec.  62.10380 to read as follows:


Sec.  62.10380  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted April 3, 2017, certifying that there are no 
existing commercial and industrial solid waste incineration units 
within the State of South Dakota that are subject to part 60, subpart 
DDDD, of this chapter.

0
13. Subpart QQ is amended by adding an undesignated center heading and 
Sec.  62.10400 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.10400  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted January 25, 2002, certifying that there are no 
existing small municipal waste combustion units within the State of 
South Dakota that are subject to part 60, subpart BBBB, of this 
chapter.

0
14. Subpart QQ is amended by adding an undesignated center heading and 
Sec.  62.10410 to read as follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.10410   Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted May 4, 2007, certifying that there are no existing 
other solid waste incineration units within the State of South Dakota 
that are subject to part 60, subpart FFFF, of this chapter.

Subpart TT--Utah

0
15. Revise Sec.  62.11130 to read as follows:


Sec.  62.11130   Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
March 22, 2017, certifying that there are no existing large municipal 
waste combustion units within the State of Utah that are subject to 
part 60, subpart Cb, of this chapter.

0
16. Revise Sec.  62.11140 to read as follows:


Sec.  62.11140   Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
March 22, 2017, certifying that there are no existing commercial and 
industrial solid waste incineration units within the State of Utah that 
are subject to part 60, subpart DDDD, of this chapter.

0
17. Subpart TT is amended by adding an undesignated center heading and 
Sec.  62.11160 to read as follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.11160   Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
December 20, 2006, certifying that there are no existing other solid 
waste incineration units within the State of Utah that are subject to 
part 60, subpart FFFF, of this chapter.

Subpart ZZ--Wyoming

0
18. Revise Sec.  62.12620 to read as follows:


Sec.  62.12620   Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted April 23, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of Wyoming that are 
subject to part 60, subpart Cb, of this chapter.

0
19. Revise Sec.  62.12630 to read as follows:


Sec.  62.12630   Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted February 23, 2017, certifying that there are no existing 
commercial and

[[Page 44743]]

industrial solid waste incineration units within the State of Wyoming 
that are subject to part 60, subpart DDDD, of this chapter.

0
20. Subpart ZZ is amended by adding an undesignated center heading and 
Sec.  62.12650 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.12650   Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted October 9, 2001, certifying that there are no existing small 
municipal waste combustion units within the State of Wyoming that are 
subject to part 60, subpart BBBB, of this chapter.

0
21. Subpart ZZ is amended by adding an undesignated center heading and 
Sec.  62.12660 to read as follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.12660   Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted May 3, 2007, certifying that there are no existing other 
solid waste incineration units within the State of Wyoming that are 
subject to part 60, subpart FFFF, of this chapter.

[FR Doc. 2017-20595 Filed 9-25-17; 8:45 am]
 BILLING CODE 6560-50-P


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