Rule2024-23172
Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Maine and Massachusetts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2024
Effective
December 10, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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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