80 FR 10357 - Approval of Other Solid Waste Incineration Units State Plan for Designated Facilities and Pollutants: Indiana
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 38 (February 26, 2015)
Federal Register Volume 80, Issue 38 (February 26, 2015)
| Page Range | 10357-10359 | |
| FR Document | 2015-03792 |
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)] [Rules and Regulations] [Pages 10357-10359] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03792] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R05-OAR-2009-0554; FRL-9923-35-Region 5] Approval of Other Solid Waste Incineration Units State Plan for Designated Facilities and Pollutants: Indiana AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving Indiana's State Plan to control air pollutants from ``Other Solid Waste Incineration'' (OSWI) units. The Indiana Department of Environmental Management (IDEM) submitted the State Plan to EPA on November 27, 2007. The State Plan is consistent with Emission Guidelines (EG) promulgated by EPA on December 16, 2005. This approval means that EPA finds that the State Plan meets applicable Clean Air Act (Act) requirements for OSWI units for which construction commenced on or before December 4, 2004. Once effective, this approval also makes the State Plan Federally enforceable. DATES: This direct final rule will be effective April 27, 2015, 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-R05- OAR-2009-0554, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (312) 692-2543. 4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA-R05-OAR- 2009-0554. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or email. The 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 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. Docket: All documents in the docket are listed in the 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 www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Margaret Sieffert, Environmental Engineer, at (312) 353-1151 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental Engineer, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What does the state plan contain? III. Does the state plan meet the EPA requirements? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Background On December 16, 2005, in accordance with sections 111 and 129 of the Act, EPA promulgated OSWI EGs and compliance schedules for the control of emissions from existing OSWI units. See 70 FR 74870. EPA codified these regulations at 40 CFR part 60, subpart FFFF. They include a model rule at 40 CFR 60.3000 through 60.3078. ``OSWI units'' are very small municipal waste combustors and institutional waste incinerators. See 40 CFR 60.3078. Under section 111(d) of the Act, EPA is required to develop regulations for existing sources of noncriteria pollutants (i.e., a pollutant for which there is no national ambient air quality standard) whenever EPA promulgates a standard for a new source. These would include OSWI units. Section 111(d) plans are subject to EPA review and approval. Under section 129(b)(2) of the Act and the regulations at Subpart FFFF, states with OSWI units must submit to EPA plans that implement the EGs. The plans must be at least as protective as the EGs, which are not Federally enforceable until EPA approves a State Plan (or promulgates a Federal Plan for implementation and enforcement). 40 CFR part 60, subpart B contains general provisions applicable to the adoption and submittal of State Plans for subject facilities under section 111(d), which would include OSWI units. On November 27, 2007, Indiana submitted its OSWI State Plan to EPA. This submission followed public hearings for preliminary adoption of the State Plan on December 6, 2006 and for final adoption on February 7, 2007. The State adopted the final Plan on February 7, 2007, and became effective on August 9, 2007. The Plan includes State rule 326 IAC 11-9, which establishes emission standards for existing OSWI. EPA was sued and subsequently State Plan submittals were put on hold. See [[Page 10358]] Sierra Club v. EPA, D.C. Cir. Nos. 06-1066, 07-1063 On March 17, 2014, EPA notified IDEM that it could now process the State Plan, but that IDEM needed to submit an Attorney General's Opinion regarding the State's legal authority to ``Incorporate By Reference'' the EG's. The AG's Opinion was sent on November 13, 2014. II. What does the State Plan contain? The State submittal is based on the OSWI EGs (Sec. Sec. 60.2980- 60.3078) and incorporates by reference significant portions of that rule. As prescribed by section 129 of the Act and in 40 CFR part 60, subparts B and FFFF, the State Plan addresses the nine required elements in 40 CFR 60.2983 as follows: 1. An inventory of affected OSWI units, including those that have ceased operation but have not been dismantled. Indiana has provided this. 2. An inventory of the emissions from each of the OSWI units. Indiana has provided this. 3. A compliance schedule for each affected incineration unit. Indiana has provided a compliance schedule and a compliance date of August 9, 2010. 4. For each affected incineration unit, emission limitations, operator training and qualification requirements, a waste management plan, and operating parameter requirements that are at least as protective as the emission guidelines contained in 40 CFR 60.2983. Indiana has accomplished this, through the incorporation by reference (IBR) in 326 IAC 11-9. 5. Stack testing, recordkeeping, and reporting requirements. Indiana has accomplished this, through the IBR in 326 IAC 11-9. 6. A transcript of the public hearing on the State Plan. Indiana has certified that such a hearing was held, and that there were no comments. 7. A provision for State progress reports to EPA. Indiana has stated that it will submit data and information using the EPA Aerometric Emissions Information Retrieval System. The manner and form of reporting will be coordinated with EPA, Region 5. 8. An identification of enforceable State mechanisms selected for implementing the EGs. Indiana has provided a detailed list which identified the enforceable mechanisms. 9. A demonstration of the State's legal authority to carry out sections 111(d) and 129 of the Act in its State Plan. Indiana has provided a detailed list which demonstrated that it has such legal authority. This includes the legal authority to incorporate by reference Federal EG provisions, as confirmed by an Indiana Attorney General's Opinion dated November 10, 2014. III. Does the State Plan meet the EPA requirements? EPA has evaluated the OSWI State Plan and related information submitted by Indiana for consistency with the Act, EPA regulations and policy. For the reasons discussed above, EPA has determined that the State Plan meets all applicable requirements and, therefore, is approving it. IV. What action is EPA taking? EPA is approving the State Plan which Indiana submitted on November 27, 2007, for the control of emissions from existing OSWI sources in the State. EPA is publishing this action without prior proposal because the Agency views this as a non-controversial action 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 State Plan in the event adverse comments are filed. This rule will be effective April 27, 2015 without further notice unless we receive relevant adverse written comments by March 30, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should 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. If we do not receive any comments, this action will be effective April 27, 2015. V. Statutory and Executive Order Reviews A. General Requirements Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this 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 approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule 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 rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule 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). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Act. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing section 111(d)/129 plan submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a section 111(d)/129 plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a section 111(d)/129 plan submission, to use VCS in place of a section 111(d)/129 plan submission that otherwise satisfies the provisions of the Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. [[Page 10359]] 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General 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 rule 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. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under Section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 27, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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 approving Indiana's section 111(d)/129 plan revision for SSI sources 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, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal. Dated: February 12, 2015. Bharat Mathur, Acting Regional Administrator, Region 5. 40 CFR part 62 is amended as follows: 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 P--Indiana 0 2. Add an undesignated center heading and Sec. Sec. 62.3680, 62.3681, and 62.3682 to subpart P to read as follows: Control of Air Emissions From Existing Other Solid Waste Incinerator Units Sec. 62.3680 Identification of plan. On November 27, 2007, Indiana submitted the State Plan for implementing the Other Solid Waste Incineration Units (OSWI). The enforceable mechanism for this State Plan is a State rule codified in 326 Indiana Administrative Code (IAC) 11-9. The rule was adopted on February 7, 2007, and became effective on August 9, 2007. Sec. 62.3681 Identification of sources. The Indiana State Plan for existing Other Solid Waste Incineration (OSWI) units applies to all OSWI units as defined in Sec. 60.3078 for which construction commenced on or before December 9, 2004 to comply with this subpart. Sec. 62.3682 Effective date. The Federal effective date of the Indiana State Plan for existing Sewage Sludge Incinerators is April 27, 2015. [FR Doc. 2015-03792 Filed 2-25-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10357
* * * * * Office normal hours of operation, and FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–03588 Filed 2–25–15; 8:45 am] special arrangements should be made Margaret Sieffert, Environmental
BILLING CODE 6560–50–P for deliveries of boxed information. The Engineer, U.S. Environmental Protection
Regional Office official hours of Agency, Region 5, 77 West Jackson
business are Monday through Friday, Boulevard (AT–18J), Chicago, Illinois
ENVIRONMENTAL PROTECTION 8:30 a.m. to 4:30 p.m. excluding Federal 60604, (312) 353–1151,
AGENCY holidays. sieffert.margaret@epa.gov.
Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
40 CFR Part 62 Docket ID No. EPA–R05–OAR–2009– Throughout this document whenever
[EPA–R05–OAR–2009–0554; FRL–9923–35– 0554. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Region 5] received will be included in the public EPA. This supplementary information
docket without change and may be section is arranged as follows:
Approval of Other Solid Waste made available online at I. Background
Incineration Units State Plan for www.regulations.gov, including any II. What does the state plan contain?
Designated Facilities and Pollutants: personal information provided, unless III. Does the state plan meet the EPA
Indiana the comment includes information requirements?
claimed to be Confidential Business IV. What action is EPA taking?
AGENCY: Environmental Protection Information (CBI) or other information V. Statutory and Executive Order Reviews
Agency. whose disclosure is restricted by statute.
ACTION: Direct final rule.
I. Background
Do not submit information that you
consider to be CBI or otherwise On December 16, 2005, in accordance
SUMMARY: The Environmental Protection with sections 111 and 129 of the Act,
Agency (EPA) is approving Indiana’s protected through www.regulations.gov
or email. The www.regulations.gov Web EPA promulgated OSWI EGs and
State Plan to control air pollutants from compliance schedules for the control of
‘‘Other Solid Waste Incineration’’ site is an ‘‘anonymous access’’ system,
which means EPA will not know your emissions from existing OSWI units. See
(OSWI) units. The Indiana Department 70 FR 74870. EPA codified these
identity or contact information unless
of Environmental Management (IDEM) regulations at 40 CFR part 60, subpart
you provide it in the body of your
submitted the State Plan to EPA on FFFF. They include a model rule at 40
comment. If you send an email
November 27, 2007. The State Plan is CFR 60.3000 through 60.3078. ‘‘OSWI
comment directly to EPA without going
consistent with Emission Guidelines units’’ are very small municipal waste
through www.regulations.gov your email
(EG) promulgated by EPA on December combustors and institutional waste
address will be automatically captured
16, 2005. This approval means that EPA incinerators. See 40 CFR 60.3078.
and included as part of the comment
finds that the State Plan meets Under section 111(d) of the Act, EPA
that is placed in the public docket and
applicable Clean Air Act (Act) is required to develop regulations for
made available on the Internet. If you
requirements for OSWI units for which submit an electronic comment, EPA existing sources of noncriteria
construction commenced on or before recommends that you include your pollutants (i.e., a pollutant for which
December 4, 2004. Once effective, this name and other contact information in there is no national ambient air quality
approval also makes the State Plan the body of your comment and with any standard) whenever EPA promulgates a
Federally enforceable. disk or CD–ROM you submit. If EPA standard for a new source. These would
DATES: This direct final rule will be cannot read your comment due to include OSWI units. Section 111(d)
effective April 27, 2015, unless EPA technical difficulties and cannot contact plans are subject to EPA review and
receives adverse comments by March you for clarification, EPA may not be approval.
30, 2015. If adverse comments are able to consider your comment. Under section 129(b)(2) of the Act and
received, EPA will publish a timely Electronic files should avoid the use of the regulations at Subpart FFFF, states
withdrawal of the direct final rule in the special characters, any form of with OSWI units must submit to EPA
Federal Register informing the public encryption, and be free of any defects or plans that implement the EGs. The
that the rule will not take effect. viruses. plans must be at least as protective as
ADDRESSES: Submit your comments, Docket: All documents in the docket the EGs, which are not Federally
identified by Docket ID No. EPA–R05– are listed in the www.regulations.gov enforceable until EPA approves a State
OAR–2009–0554, by one of the index. Although listed in the index, Plan (or promulgates a Federal Plan for
following methods: some information is not publicly implementation and enforcement).
1. www.regulations.gov: Follow the available, e.g., CBI or other information 40 CFR part 60, subpart B contains
on-line instructions for submitting whose disclosure is restricted by statute. general provisions applicable to the
comments. Certain other material, such as adoption and submittal of State Plans
2. Email: nash.carlton@epa.gov. copyrighted material, will be publicly for subject facilities under section
3. Fax: (312) 692–2543. available only in hard copy. Publicly 111(d), which would include OSWI
4. Mail: Carlton T. Nash, Chief, available docket materials are available units. On November 27, 2007, Indiana
Integrated Air Toxics Section, Air either electronically in submitted its OSWI State Plan to EPA.
Toxics and Assessment Branch (AT– www.regulations.gov or in hard copy at This submission followed public
18J), U.S. Environmental Protection the Environmental Protection Agency, hearings for preliminary adoption of the
Agency, 77 West Jackson Boulevard, Region 5, Air and Radiation Division, 77 State Plan on December 6, 2006 and for
Chicago, Illinois 60604. West Jackson Boulevard, Chicago, final adoption on February 7, 2007. The
State adopted the final Plan on February
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5. Hand Delivery: Carlton T. Nash, Illinois 60604. This Facility is open
Chief, Integrated Air Toxics Section, Air from 8:30 a.m. to 4:30 p.m., Monday 7, 2007, and became effective on August
Toxics and Assessment Branch (AT– through Friday, excluding legal 9, 2007. The Plan includes State rule
18J), U.S. Environmental Protection holidays. We recommend that you 326 IAC 11–9, which establishes
Agency, 77 West Jackson Boulevard, telephone Margaret Sieffert, emission standards for existing OSWI.
Chicago, Illinois 60604. Such deliveries Environmental Engineer, at (312) 353– EPA was sued and subsequently State
are only accepted during the Regional 1151 before visiting the Region 5 office. Plan submittals were put on hold. See
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![Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10359
272 note) do not apply. This rule does Subpart P—Indiana a notice of this will be provided by
not impose an information collection publication in the Federal Register on a
burden under the provisions of the ■ 2. Add an undesignated center subsequent date. Also, information
Paperwork Reduction Act of 1995 (44 heading and §§ 62.3680, 62.3681, and identifying the current participation
U.S.C. 3501 et seq.). 62.3682 to subpart P to read as follows: status of a community can be obtained
Control of Air Emissions From Existing from FEMA’s Community Status Book
B. Submission to Congress and the (CSB). The CSB is available at http://
Comptroller General Other Solid Waste Incinerator Units
www.fema.gov/fema/csb.shtm.
The Congressional Review Act, 5 § 62.3680 Identification of plan. DATES: The effective date of each
U.S.C. 801 et seq., as added by the Small On November 27, 2007, Indiana community’s scheduled suspension is
Business Regulatory Enforcement submitted the State Plan for the third date (‘‘Susp.’’) listed in the
Fairness Act of 1996, generally provides implementing the Other Solid Waste third column of the following tables.
that before a rule may take effect, the Incineration Units (OSWI). The FOR FURTHER INFORMATION CONTACT: If
agency promulgating the rule must enforceable mechanism for this State you want to determine whether a
submit a rule report, which includes a Plan is a State rule codified in 326 particular community was suspended
copy of the rule, to each House of the Indiana Administrative Code (IAC) 11– on the suspension date or for further
Congress and to the Comptroller General 9. The rule was adopted on February 7, information, contact Bret Gates, Federal
of the United States. EPA will submit a 2007, and became effective on August 9, Insurance and Mitigation
report containing this rule and other 2007. Administration, Federal Emergency
required information to the U.S. Senate, Management Agency, 500 C Street SW.,
the U.S. House of Representatives, and § 62.3681 Identification of sources.
Washington, DC 20472, (202) 646–4133.
the Comptroller General of the United The Indiana State Plan for existing
SUPPLEMENTARY INFORMATION: The NFIP
States prior to publication of the rule in Other Solid Waste Incineration (OSWI)
enables property owners to purchase
the Federal Register. This rule is not a units applies to all OSWI units as
Federal flood insurance that is not
‘‘major rule’’ as defined by 5 U.S.C. defined in § 60.3078 for which
otherwise generally available from
804(2). construction commenced on or before
private insurers. In return, communities
December 9, 2004 to comply with this
C. Petitions for Judicial Review agree to adopt and administer local
subpart.
floodplain management measures aimed
Under Section 307(b)(1) of the Act, § 62.3682 Effective date. at protecting lives and new construction
petitions for judicial review of this from future flooding. Section 1315 of
The Federal effective date of the
action must be filed in the United States the National Flood Insurance Act of
Indiana State Plan for existing Sewage
Court of Appeals for the appropriate 1968, as amended, 42 U.S.C. 4022,
Sludge Incinerators is April 27, 2015.
circuit by April 27, 2015. Filing a prohibits the sale of NFIP flood
petition for reconsideration by the [FR Doc. 2015–03792 Filed 2–25–15; 8:45 am]
insurance unless an appropriate public
Administrator of this final rule does not BILLING CODE 6560–50–P
body adopts adequate floodplain
affect the finality of this rule for the management measures with effective
purposes of judicial review nor does it enforcement measures. The
extend the time within which a petition DEPARTMENT OF HOMELAND communities listed in this document no
for judicial review may be filed, and SECURITY longer meet that statutory requirement
shall not postpone the effectiveness of for compliance with program
such rule or action. This action Federal Emergency Management
Agency regulations, 44 CFR part 59.
approving Indiana’s section 111(d)/129 Accordingly, the communities will be
plan revision for SSI sources may not be suspended on the effective date in the
challenged later in proceedings to 44 CFR Part 64
third column. As of that date, flood
enforce its requirements. (See section [Docket ID FEMA–2014–0002; Internal insurance will no longer be available in
307(b)(2).) Agency Docket No. FEMA–8371] the community. We recognize that some
List of Subjects in 40 CFR Part 62 of these communities may adopt and
Suspension of Community Eligibility submit the required documentation of
Environmental protection, Air AGENCY: Federal Emergency legally enforceable floodplain
pollution control, Administrative Management Agency, DHS. management measures after this rule is
practice and procedure, published but prior to the actual
ACTION: Final rule.
Intergovernmental relations, Reporting suspension date. These communities
and recordkeeping requirements, Waste SUMMARY: This rule identifies will not be suspended and will continue
treatment and disposal. communities where the sale of flood to be eligible for the sale of NFIP flood
Dated: February 12, 2015. insurance has been authorized under insurance. A notice withdrawing the
Bharat Mathur, the National Flood Insurance Program suspension of such communities will be
Acting Regional Administrator, Region 5. (NFIP) that are scheduled for published in the Federal Register.
suspension on the effective dates listed In addition, FEMA publishes a Flood
40 CFR part 62 is amended as follows: within this rule because of Insurance Rate Map (FIRM) that
noncompliance with the floodplain identifies the Special Flood Hazard
PART 62—APPROVAL AND management requirements of the Areas (SFHAs) in these communities.
PROMULGATION OF STATE PLANS program. If the Federal Emergency The date of the FIRM, if one has been
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FOR DESIGNATED FACILITIES AND Management Agency (FEMA) receives published, is indicated in the fourth
POLLUTANTS documentation that the community has column of the table. No direct Federal
adopted the required floodplain financial assistance (except assistance
■ 1. The authority citation for part 62 management measures prior to the pursuant to the Robert T. Stafford
continues to read as follows: effective suspension date given in this Disaster Relief and Emergency
Authority: 42 U.S.C. 7401 et seq. rule, the suspension will not occur and Assistance Act not in connection with a
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Document Created: 2015-12-18 13:05:38
Document Modified: 2015-12-18 13:05:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective April 27, 2015, 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. | |
| Contact | Margaret Sieffert, Environmental Engineer, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, [email protected] | |
| FR Citation | 80 FR 10357 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
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