80_FR_56571 80 FR 56390 - Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Commercial and Industrial Solid Waste Incineration (CISWI) Units

80 FR 56390 - Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Commercial and Industrial Solid Waste Incineration (CISWI) Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56390-56393
FR Document2015-23390

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the state plan for designated facilities and pollutants developed under sections 111(d) and 129 of the Clean Air Act for the State of Missouri. This direct final action will amend the state plan to include a new plan and associated rule implementing the emissions guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56390-56393]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23390]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2015-0514; FRL-9933-97-Region 7]


Approval and Promulgation of Air Quality Implementation Plans for 
Designated Facilities and Pollutants; Missouri; Commercial and 
Industrial Solid Waste Incineration (CISWI) Units

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the state plan for designated 
facilities and pollutants developed under sections 111(d) and 129 of 
the Clean Air Act for the State of Missouri. This direct final action 
will amend the state plan to include a new plan and associated rule 
implementing the emissions guidelines for Commercial and Industrial 
Solid Waste Incineration (CISWI) Units.

DATES: This direct final rule will be effective November 17, 2015, 
without further notice, unless EPA receives adverse comment by October 
19, 2015. If EPA receives adverse comment, we 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-R07-

[[Page 56391]]

OAR-2015-0514, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0514. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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, i.e., 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 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m., excluding legal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7028 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. Analysis of State Submittal
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA. Section 111(d) 
establishes general requirements and procedures on state plan 
submittals for the control of designated pollutants. Section 129 
requires emission guidelines to be promulgated for all categories of 
solid waste incineration units, including CISWI units. Section 129 
mandates that all plan requirements be at least as protective and 
restrictive as the promulgated emission guidelines. This includes fixed 
final compliance dates, fixed compliance schedules, and Title V 
permitting requirements for all affected sources. Section 129 also 
requires that state plans be submitted to EPA within one year after 
EPA's promulgation of the emission guidelines and compliance times.
    On February 7, 2013, EPA finalized emission limitations for CISWI 
units and definitions for Non-Hazardous Secondary Materials (NHSM) that 
are Solid Waste, both under the same notice at 78 FR 9112. This notice 
was the final decision on the CISWI rule originally published March 21, 
2011, and reconsidered after further public comments were solicited and 
received. The notice also included final amendments to the NHSM rule. 
The definition of solid waste in the NHSM rule determines whether a 
particular incinerator is covered under another incinerator rule.
    The state submitted a negative declaration on May 9, 2011. 
Subsequently, the state found that they did have applicable units and 
therefore, the state issued a new rule and state plan to meet its 
obligations under this new Federal rule. The state rule, 10 CSR 10-
6.161, for CISWI became effective on November 21, 2013. The associated 
state plan was issued concurrently with the new rule. The state's rule 
incorporates by reference the Federal rule.

II. Analysis of State Submittal

    The emission guidelines and compliance times are codified in 40 CFR 
part 60, subpart DDDD. State plans must contain specific information 
and the legal mechanisms necessary to implement the emission guidelines 
and compliance times. The requirements are as follows:
     Inventory of affected CISWI units, including those that 
have ceased operation but have not been dismantled.
     Inventory of emissions from affected CISWI units in 
Missouri.
     Compliance schedules for each affected CISWI unit with a 
final compliance date no later than February 7, 2018 or three (3) years 
after the effective date of state plan approval, whichever is earlier.
     Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWI units that are at least as protective as the emission 
guidelines contained in Subpart DDDD.
     Performance testing, recordkeeping, and reporting 
requirements.
     Certification that the hearing on the State plan was held, 
a list of witnesses and organizational affiliations, if any, appearing 
at the hearing, and a brief written summary of each presenation or 
written submission.
     Provision for State progress reports to EPA.
     Identification of enforceable State mechanisms that were 
selected for implementing the emission guidelines of Subpart DDDD.
     Demonstration of Missouri's legal authority to carry out 
the sections 111(d) and 129 State plan.
    The state's plan was received on March 5, 2014, in accordance with 
the requirements for adoption and submittal of state plans for 
designated facilities in 40 CFR part 60, subpart B. The plan 
establishes emission limits for existing CISWI units, and provides for 
the implementation and enforcement of

[[Page 56392]]

those limits. Missouri's plan includes all documentation that all of 
these requirements have been met. The emission limits, testing, 
monitoring, reporting and recordkeeping requirements, and other aspects 
of the Federal rule have been adopted. Missouri rule 10 CSR 10-6.161 
contains the applicable requirements. The state provided evidence that 
it complied with the public notice and comment requirements of 40 CFR 
part 60, subpart DDDD.

III. What Action is EPA Taking?

    Based on the rationale discussed aboved, EPA is taking direct final 
action to approve Missouri's March 5, 2014, submittal of its 111(d) 
plan for commercial and industrial solid waste incineration units. We 
are publishing this direct final rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the revision to the 111(d) plan if 
adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 (Pub. L. 104-4). This action 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. 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 17, 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 Missouri's section 111(d)/129 plan revision for 
CISWI 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, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: September 3, 2015.
 Becky Weber,
Acting Regional Administrator, Region 7.

    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 AA--Missouri

0
2. Revise Sec.  62.6360 to read as follows:

Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec.  62.6360  Identification of plan.

    (a) Identification of plan. The Missouri Department of Natural 
Resources approved this revision to the Missouri state plan section 
111(d) for the purpose of adopting by reference

[[Page 56393]]

subpart DDDD of part 62, the Commercial and Industrial Solid Waste 
Incineration (CISWI) rule, 10 CSR 10-6.161, which became effective on 
November 21, 2013. This revision was submitted on March 5, 2014.
    (b) Identification of sources. The plan applies to existing 
commercial and industrial solid waste incineration (CISWI) units that 
commenced construction on or before November 30, 1999.
    (c) The effective date of the amended plan is November 17, 2015.

[FR Doc. 2015-23390 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P



                                            56390            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            Protesters are asked to contact the                     13. Technical Standards                               520 Bridge located on Lake Washington
                                            person listed in the FOR FURTHER                          This rule does not use technical                    in Seattle, Washington.
                                            INFORMATION CONTACT section to                                                                                  (b) Regulations. In accordance with
                                                                                                    standards. Therefore, we did not
                                            coordinate protest activities so that your                                                                    the general regulations in subpart C of
                                                                                                    consider the use of voluntary consensus
                                            message can be received without                                                                               this part, no person may enter the safety
                                                                                                    standards.
                                            jeopardizing the safety or security of                                                                        zone or bring or cause to be brought any
                                            people, places or vessels.                              14. Environment                                       vessel into the safety zone without
                                                                                                       We have analyzed this rule under                   permission of the Captain of the Port.
                                            7. Unfunded Mandates Reform Act                                                                               Persons wishing to enter the safety zone
                                                                                                    Department of Homeland Security
                                              The Unfunded Mandates Reform Act                      Management Directive 023–01 and                       must request permission from the
                                            of 1995 (2 U.S.C. 1531–1538) requires                   Commandant Instruction M16475.lD,                     Captain of the Port by contacting the
                                            Federal agencies to assess the effects of               which guide the Coast Guard in                        Joint Harbor Operation Center at 206–
                                            their discretionary regulatory actions. In              complying with the National                           217–6001 or VHF Channel 16. If
                                            particular, the Act addresses actions                   Environmental Policy Act of 1969                      permission for entry is granted, vessels
                                            that may result in the expenditure by a                 (NEPA) (42 U.S.C. 4321–4370f), and                    must proceed at a minimum speed for
                                            State, local, or tribal government, in the              have determined that this action is one               safe navigation.
                                            aggregate, or by the private sector of                  of a category of actions that do not                    (c) Dates. This rule is effective from
                                            $100,000,000 (adjusted for inflation) or                individually or cumulatively have a                   September 5, 2015 through October 2,
                                            more in any one year. Though this rule                  significant effect on the human                       2015 when a construction barge is
                                            will not result in such expenditure, we                 environment. This rule involves                       present inside the safety zone.
                                            do discuss the effects of this rule                     implementation of regulations within 33                 Dated: September 3, 2015.
                                            elsewhere in this preamble.                             CFR part 165, applicable to safety zones              M.W. Raymond,
                                            8. Taking of Private Property                           on the navigable waterways. This zone                 Captain, U.S. Coast Guard, Captain of the
                                                                                                    will temporarily restrict vessel traffic              Port Puget Sound.
                                              This rule will not cause a taking of                  from transiting the Indian River Bay                  [FR Doc. 2015–23526 Filed 9–17–15; 8:45 am]
                                            private property or otherwise have                      along the shoreline of Long Neck,                     BILLING CODE 9110–04–P
                                            taking implications under Executive                     Delaware, in order to protect the safety
                                            Order 12630, Governmental Actions and                   of life and property on the waters for the
                                            Interference with Constitutionally                      duration of the fireworks display. This               ENVIRONMENTAL PROTECTION
                                            Protected Property Rights.                              rule is categorically excluded from                   AGENCY
                                                                                                    further review under paragraph 34(g) of
                                            9. Civil Justice Reform                                 Figure 2–1 of the Commandant                          40 CFR Part 62
                                              This rule meets applicable standards                  Instruction. A preliminary
                                                                                                                                                          [EPA–R07–OAR–2015–0514; FRL–9933–97–
                                            in sections 3(a) and 3(b)(2) of Executive               environmental analysis checklist                      Region 7]
                                            Order 12988, Civil Justice Reform, to                   supporting this determination and a
                                            minimize litigation, eliminate                          Categorical Exclusion Determination are               Approval and Promulgation of Air
                                            ambiguity, and reduce burden.                           available in the docket where indicated               Quality Implementation Plans for
                                                                                                    under ADDRESSES. We seek any                          Designated Facilities and Pollutants;
                                            10. Protection of Children                              comments or information that may lead                 Missouri; Commercial and Industrial
                                                                                                    to the discovery of a significant                     Solid Waste Incineration (CISWI) Units
                                              We have analyzed this rule under
                                                                                                    environmental impact from this rule.
                                            Executive Order 13045, Protection of                                                                          AGENCY: Environmental Protection
                                            Children from Environmental Health                      List of Subjects in 33 CFR Part 165                   Agency.
                                            Risks and Safety Risks. This rule is not                  Harbors, Marine safety, Navigation                  ACTION: Direct final rule.
                                            an economically significant rule and                    (water), Reporting and recordkeeping
                                            does not create an environmental risk to                requirements, Security measures,                      SUMMARY:   The Environmental Protection
                                            health or risk to safety that may                       Waterways.                                            Agency (EPA) is taking direct final
                                            disproportionately affect children.                                                                           action to approve revisions to the state
                                                                                                      For the reasons discussed in the                    plan for designated facilities and
                                            11. Indian Tribal Governments                           preamble, the Coast Guard amends 33                   pollutants developed under sections
                                                                                                    CFR part 165 as follows:                              111(d) and 129 of the Clean Air Act for
                                               This rule does not have tribal
                                            implications under Executive Order                      PART 165—REGULATED NAVIGATION                         the State of Missouri. This direct final
                                            13175, Consultation and Coordination                    AREAS AND LIMITED ACCESS AREAS                        action will amend the state plan to
                                            with Indian Tribal Governments,                                                                               include a new plan and associated rule
                                            because it does not have a substantial                  ■ 1. The authority citation for part 165              implementing the emissions guidelines
                                            direct effect on one or more Indian                     continues to read as follows:                         for Commercial and Industrial Solid
                                            tribes, on the relationship between the                                                                       Waste Incineration (CISWI) Units.
                                                                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            Federal Government and Indian tribes,                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             DATES: This direct final rule will be
                                            or on the distribution of power and                     Department of Homeland Security Delegation            effective November 17, 2015, without
                                            responsibilities between the Federal                    No. 0170.1.                                           further notice, unless EPA receives
                                            Government and Indian tribes.                                                                                 adverse comment by October 19, 2015.
                                                                                                    ■ 2. Add § 165.T13–290 to read as
                                            12. Energy Effects                                                                                            If EPA receives adverse comment, we
                                                                                                    follows:
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                                                                                                                                                          will publish a timely withdrawal of the
                                              This action is not a ‘‘significant                    § 165.T13–290 Safety Zone; 520 Bridge,                direct final rule in the Federal Register
                                            energy action’’ under Executive Order                   Lake Washington; Seattle, WA.                         informing the public that the rule will
                                            13211, Actions Concerning Regulations                     (a) Location. The following area is                 not take effect.
                                            That Significantly Affect Energy Supply,                designated as a safety zone: All waters               ADDRESSES: Submit your comments,
                                            Distribution, or Use.                                   within 100 yards of the east span of the              identified by Docket ID No. EPA–R07–


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                        56391

                                            OAR–2015–0514, by one of the                            available only in hard copy form.                     definition of solid waste in the NHSM
                                            following methods:                                      Publicly available docket materials are               rule determines whether a particular
                                              1. www.regulations.gov. Follow the                    available either electronically in                    incinerator is covered under another
                                            on-line instructions for submitting                     www.regulations.gov or in hard copy at                incinerator rule.
                                            comments.                                               the Environmental Protection Agency,                    The state submitted a negative
                                              2. Email: higbee.paula@epa.gov.                       Air Planning and Development Branch,                  declaration on May 9, 2011.
                                              3. Mail or Hand Delivery: Paula                       11201 Renner Boulevard, Lenexa,                       Subsequently, the state found that they
                                            Higbee, Environmental Protection                        Kansas 66219. The Regional Office’s                   did have applicable units and therefore,
                                            Agency, Air Planning and Development                    official hours of business are Monday                 the state issued a new rule and state
                                            Branch, 11201 Renner Boulevard,                         through Friday, 8:00 a.m. to 4:30 p.m.,               plan to meet its obligations under this
                                            Lenexa, Kansas 66219.                                   excluding legal holidays. The interested              new Federal rule. The state rule, 10 CSR
                                              Instructions: Direct your comments to                 persons wanting to examine these                      10–6.161, for CISWI became effective on
                                            Docket ID No. EPA–R07–OAR–2015–                         documents should make an                              November 21, 2013. The associated state
                                            0514. EPA may publish any comment                       appointment with the office at least 24               plan was issued concurrently with the
                                            received to its public docket. Do not                   hours in advance.                                     new rule. The state’s rule incorporates
                                            submit electronically any information                                                                         by reference the Federal rule.
                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                            you consider to be Confidential
                                            Business Information (CBI) or other                     Paula Higbee, Environmental Protection                II. Analysis of State Submittal
                                            information whose disclosure is                         Agency, Air Planning and Development
                                                                                                    Branch, 11201 Renner Boulevard,                          The emission guidelines and
                                            restricted by statute. Multimedia                                                                             compliance times are codified in 40 CFR
                                            submissions (audio, video, etc.) must be                Lenexa, Kansas 66219 at 913–551–7028
                                                                                                    or by email at higbee.paula@epa.gov.                  part 60, subpart DDDD. State plans must
                                            accompanied by a written comment.                                                                             contain specific information and the
                                            The written comment is considered the                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                          legal mechanisms necessary to
                                            official comment and should include                     Throughout this document ‘‘we,’’ ‘‘us,’’              implement the emission guidelines and
                                            discussion of all points you wish to                    or ‘‘our’’ refer to EPA. This section                 compliance times. The requirements are
                                            make. EPA will generally not consider                   provides additional information by                    as follows:
                                            comments or comment contents located                    addressing the following:                                • Inventory of affected CISWI units,
                                            outside of the primary submission (i.e.                 I. Background                                         including those that have ceased
                                            on the web, cloud, or other file sharing                II. Analysis of State Submittal                       operation but have not been dismantled.
                                            system). For additional submission                      III. What Action is EPA Taking?                          • Inventory of emissions from
                                            methods, the full EPA public comment                    IV. Statutory and Executive Order Reviews             affected CISWI units in Missouri.
                                            policy, information about CBI or                        I. Background                                            • Compliance schedules for each
                                            multimedia submissions, and general                                                                           affected CISWI unit with a final
                                            guidance on making effective                               The Clean Air Act (CAA) requires that              compliance date no later than February
                                            comments, please visit http://                          state regulatory agencies implement the               7, 2018 or three (3) years after the
                                            www2.epa.gov/dockets/commenting-                        emission guidelines and compliance                    effective date of state plan approval,
                                            epa-dockets. The www.regulations.gov                    times using a state plan developed                    whichever is earlier.
                                            Web site is an ‘‘anonymous access’’                     under sections 111(d) and 129 of the                     • Emission limitations, operator
                                            system, which means EPA will not                        CAA. Section 111(d) establishes general               training and qualification requirements,
                                            know your identity or contact                           requirements and procedures on state                  a waste management plan, and
                                            information unless you provide it in the                plan submittals for the control of                    operating limits for affected CISWI units
                                            body of your comment. If you send an                    designated pollutants. Section 129                    that are at least as protective as the
                                            email comment directly to EPA without                   requires emission guidelines to be                    emission guidelines contained in
                                            going through www.regulations.gov,                      promulgated for all categories of solid               Subpart DDDD.
                                            your email address will be                              waste incineration units, including                      • Performance testing, recordkeeping,
                                            automatically captured and included as                  CISWI units. Section 129 mandates that                and reporting requirements.
                                            part of the comment that is placed in the               all plan requirements be at least as                     • Certification that the hearing on the
                                            public docket and made available on the                 protective and restrictive as the                     State plan was held, a list of witnesses
                                            Internet. If you submit an electronic                   promulgated emission guidelines. This                 and organizational affiliations, if any,
                                            comment, EPA recommends that you                        includes fixed final compliance dates,                appearing at the hearing, and a brief
                                            include your name and other contact                     fixed compliance schedules, and Title V               written summary of each presenation or
                                            information in the body of your                         permitting requirements for all affected              written submission.
                                            comment and with any disk or CD–ROM                     sources. Section 129 also requires that                  • Provision for State progress reports
                                            you submit. If EPA cannot read your                     state plans be submitted to EPA within                to EPA.
                                            comment due to technical difficulties                   one year after EPA’s promulgation of the                 • Identification of enforceable State
                                            and cannot contact you for clarification,               emission guidelines and compliance                    mechanisms that were selected for
                                            EPA may not be able to consider your                    times.                                                implementing the emission guidelines of
                                            comment. Electronic files should avoid                     On February 7, 2013, EPA finalized                 Subpart DDDD.
                                            the use of special characters, any form                 emission limitations for CISWI units                     • Demonstration of Missouri’s legal
                                            of encryption, and be free of any defects               and definitions for Non-Hazardous                     authority to carry out the sections
                                            or viruses.                                             Secondary Materials (NHSM) that are                   111(d) and 129 State plan.
                                              Docket: All documents in the docket                   Solid Waste, both under the same notice                  The state’s plan was received on
                                            are listed in the www.regulations.gov                   at 78 FR 9112. This notice was the final              March 5, 2014, in accordance with the
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                                            index. Although listed in the index,                    decision on the CISWI rule originally                 requirements for adoption and submittal
                                            some information is not publicly                        published March 21, 2011, and                         of state plans for designated facilities in
                                            available, i.e., CBI or other information               reconsidered after further public                     40 CFR part 60, subpart B. The plan
                                            whose disclosure is restricted by statute.              comments were solicited and received.                 establishes emission limits for existing
                                            Certain other material, such as                         The notice also included final                        CISWI units, and provides for the
                                            copyrighted material, will be publicly                  amendments to the NHSM rule. The                      implementation and enforcement of


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                                            56392            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            those limits. Missouri’s plan includes                  any additional enforceable duty beyond                Congress and to the Comptroller General
                                            all documentation that all of these                     that required by state law, it does not               of the United States. EPA will submit a
                                            requirements have been met. The                         contain any unfunded mandate or                       report containing this action and other
                                            emission limits, testing, monitoring,                   significantly or uniquely affect small                required information to the U.S. Senate,
                                            reporting and recordkeeping                             governments, as described in the                      the U.S. House of Representatives, and
                                            requirements, and other aspects of the                  Unfunded Mandates Reform Act of 1995                  the Comptroller General of the United
                                            Federal rule have been adopted.                         (Pub. L. 104–4). This action is not                   States prior to publication of the rule in
                                            Missouri rule 10 CSR 10–6.161 contains                  approved to apply on any Indian                       the Federal Register. A major rule
                                            the applicable requirements. The state                  reservation land or in any other area                 cannot take effect until 60 days after it
                                            provided evidence that it complied with                 where EPA or an Indian tribe has                      is published in the Federal Register.
                                            the public notice and comment                           demonstrated that a tribe has                         This action is not a ‘‘major rule’’ as
                                            requirements of 40 CFR part 60, subpart                 jurisdiction. In those areas of Indian                defined by 5 U.S.C. 804(2).
                                            DDDD.                                                   country, the rule does not have tribal                   Under section 307(b)(1) of the CAA,
                                                                                                    implications and will not impose                      petitions for judicial review of this
                                            III. What Action is EPA Taking?
                                                                                                    substantial direct costs on tribal                    action must be filed in the United States
                                               Based on the rationale discussed                     governments or preempt tribal law as                  Court of Appeals for the appropriate
                                            aboved, EPA is taking direct final action               specified by Executive Order 13175 (65                circuit by November 17, 2015. Filing a
                                            to approve Missouri’s March 5, 2014,                    FR 67249, November 9, 2000). This                     petition for reconsideration by the
                                            submittal of its 111(d) plan for                        action also does not have Federalism                  Administrator of this final rule does not
                                            commercial and industrial solid waste                   implications because it does not have                 affect the finality of this rule for the
                                            incineration units. We are publishing                   substantial direct effects on the States,             purposes of judicial review nor does it
                                            this direct final rule without a prior                  on the relationship between the national              extend the time within which a petition
                                            proposed rule because we view this as                   government and the States, or on the                  for judicial review may be filed, and
                                            a noncontroversial action and anticipate                distribution of power and                             shall not postpone the effectiveness of
                                            no adverse comment. However, in the                     responsibilities among the various                    such rule or action. This action
                                            ‘‘Proposed Rules’’ section of this                      levels of government, as specified in                 approving Missouri’s section 111(d)/129
                                            Federal Register, we are publishing a                   Executive Order 13132 (64 FR 43255,                   plan revision for CISWI sources may not
                                            separate document that will serve as the                August 10, 1999). This action merely                  be challenged later in proceedings to
                                            proposed rule to approve the revision to                approves a state rule implementing a                  enforce its requirements. (See section
                                            the 111(d) plan if adverse comments are                                                                       307(b)(2)).
                                                                                                    Federal requirement, and does not alter
                                            received on this direct final rule. We
                                                                                                    the relationship or the distribution of               List of Subjects in 40 CFR Part 62
                                            will not institute a second comment
                                                                                                    power and responsibilities established
                                            period on this action. Any parties                                                                              Environmental protection,
                                                                                                    in the Act. This rule also is not subject
                                            interested in commenting must do so at                                                                        Administrative practice and procedure,
                                                                                                    to Executive Order 13045 (62 FR 19885,
                                            this time. For further information about                                                                      Air pollution control, Commercial and
                                                                                                    April 23, 1997), because it approves a
                                            commenting on this rule, see the                                                                              industrial solid waste incineration
                                                                                                    state rule implementing a Federal
                                            ADDRESSES section of this document.                                                                           units, Intergovernmental relations,
                                               If EPA receives adverse comment, we                  standard. In reviewing section 111(d)/
                                                                                                    129 plan submissions, EPA’s role is to                Reporting and recordkeeping
                                            will publish a timely withdrawal in the                                                                       requirements.
                                            Federal Register informing the public                   approve State choices, provided that
                                            that this direct final rule will not take               they meet the criteria of the Act. In this              Dated: September 3, 2015.
                                            effect. We will address all public                      context, in the absence of a prior                    Becky Weber,
                                            comments in any subsequent final rule                   existing requirement for the State to use             Acting Regional Administrator, Region 7.
                                            based on the proposed rule.                             voluntary consensus standards (VCS),
                                                                                                                                                            For the reasons stated in the
                                                                                                    EPA has no authority to disapprove a
                                            IV. Statutory and Executive Order                                                                             preamble, EPA amends 40 CFR part 62
                                                                                                    section 111(d)/129 plan submission for
                                            Reviews                                                                                                       as set forth below:
                                                                                                    failure to use VCS. It would thus be
                                               Under Executive Order 12866 (58 FR                   inconsistent with applicable law for                  PART 62—APPROVAL AND
                                            51735, October 4, 1993), this action is                 EPA, when it reviews a section 111(d)/                PROMULGATION OF STATE PLANS
                                            not a ‘‘significant regulatory action’’ and             129 plan submission, to use VCS in                    FOR DESIGNATED FACILITIES AND
                                            therefore is not subject to review by the               place of a section 111(d)/129 plan                    POLLUTANTS
                                            Office of Management and Budget. For                    submission that otherwise satisfies the
                                            this reason, this action is also not                    provisions of the Act. Thus, the                      ■ 1. The authority citation for part 62
                                            subject to Executive Order 13211,                       requirements of section 12(d) of the                  continues to read as follows:
                                            ‘‘Actions Concerning Regulations That                   National Technology Transfer and                          Authority: 42 U.S.C. 7401 et seq.
                                            Significantly Affect Energy Supply,                     Advancement Act of 1995 (15 U.S.C.
                                            Distribution, or Use’’ (66 FR 28355, May                272 note) do not apply. This rule does                Subpart AA—Missouri
                                            22, 2001). This action merely approves                  not impose an information collection
                                            state law as meeting Federal                            burden under the provisions of the                    ■   2. Revise § 62.6360 to read as follows:
                                            requirements and imposes no additional                  Paperwork Reduction Act of 1995 (44
                                                                                                                                                          Air Emissions From Existing
                                            requirements beyond those imposed by                    U.S.C. 3501 et seq.).
                                                                                                                                                          Commercial and Industrial Solid Waste
                                            state law. Accordingly, the                                The Congressional Review Act, 5                    Incineration Units
                                            Administrator certifies that this rule                  U.S.C. 801 et seq., as added by the Small
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                                            will not have a significant economic                    Business Regulatory Enforcement                       § 62.6360    Identification of plan.
                                            impact on a substantial number of small                 Fairness Act of 1996, generally provides                (a) Identification of plan. The
                                            entities under the Regulatory Flexibility               that before a rule may take effect, the               Missouri Department of Natural
                                            Act (5 U.S.C. 601 et seq.). Because this                agency promulgating the rule must                     Resources approved this revision to the
                                            rule approves pre-existing requirements                 submit a rule report, which includes a                Missouri state plan section 111(d) for
                                            under state law and does not impose                     copy of the rule, to each House of the                the purpose of adopting by reference


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                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                       56393

                                            subpart DDDD of part 62, the                            Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                            Commercial and Industrial Solid Waste                   Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified
                                            Incineration (CISWI) rule, 10 CSR 10–                   DC 20460–0001; main telephone                         by docket ID number EPA–HQ–OPP–
                                            6.161, which became effective on                        number: (703) 305–7090; email address:                2015–0375, by one of the following
                                            November 21, 2013. This revision was                    RDFRNotices@epa.gov.                                  methods:
                                            submitted on March 5, 2014.                             SUPPLEMENTARY INFORMATION:                              • Federal eRulemaking Portal: http://
                                              (b) Identification of sources. The plan                                                                     www.regulations.gov. Follow the online
                                            applies to existing commercial and                      I. General Information                                instructions for submitting comments.
                                            industrial solid waste incineration                     A. Does this action apply to me?                      Do not submit electronically any
                                            (CISWI) units that commenced                                                                                  information you consider to be CBI or
                                            construction on or before November 30,                     You may be potentially affected by                 other information whose disclosure is
                                            1999.                                                   this action if you are an agricultural                restricted by statute.
                                              (c) The effective date of the amended                 producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                            plan is November 17, 2015.                              pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                                                                                    list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                            [FR Doc. 2015–23390 Filed 9–17–15; 8:45 am]
                                                                                                    Classification System (NAICS) codes is                NW., Washington, DC 20460–0001.
                                            BILLING CODE 6560–50–P                                  not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                                                                    provides a guide to help readers                      arrangements for hand delivery or
                                                                                                    determine whether this document                       delivery of boxed information, please
                                            ENVIRONMENTAL PROTECTION                                applies to them. Potentially affected
                                            AGENCY                                                                                                        follow the instructions at http://
                                                                                                    entities may include:                                 www.epa.gov/dockets/contacts.html.
                                            40 CFR Part 180                                            • Crop production (NAICS code 111).                  Additional instructions on
                                                                                                       • Animal production (NAICS code                    commenting or visiting the docket,
                                            [EPA–HQ–OPP–2015–0375; FRL–9933–02]                     112).                                                 along with more information about
                                                                                                       • Food manufacturing (NAICS code                   dockets generally, is available at
                                            Fluensulfone; Pesticide Tolerances                      311).                                                 http://www.epa.gov/dockets.
                                            AGENCY:  Environmental Protection                          • Pesticide manufacturing (NAICS
                                                                                                    code 32532).                                          II. Summary of Petitioned-For
                                            Agency (EPA).                                                                                                 Tolerance
                                            ACTION: Final rule.                                     B. How can I get electronic access to                    In the Federal Register of July 17,
                                                                                                    other related information?                            2015 (80 FR 42462) (FRL–9929–13),
                                            SUMMARY:   This regulation establishes a
                                            tolerance for residues of fluensulfone in                  You may access a frequently updated                EPA issued a document pursuant to
                                            or on tomato, paste. Makhteshim Agan                    electronic version of EPA’s tolerance                 FFDCA section 408(d)(3), 21 U.S.C.
                                            of North America, Inc., doing business                  regulations at 40 CFR part 180 through                346a(d)(3), announcing the filing of a
                                            as ADAMA requested these tolerances                     the Government Printing Office’s e-CFR                pesticide petition (PP 5F8365) by
                                            under the Federal Food, Drug, and                       site at http://www.ecfr.gov/cgi-bin/text-             Makhteshim Agan of North America,
                                            Cosmetic Act (FFDCA).                                   idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  Inc., doing business as ADAMA, 3120
                                                                                                    40tab_02.tpl.                                         Highwoods Blvd., Suite 100, Raleigh,
                                            DATES: This regulation is effective
                                            September 18, 2015. Objections and                      C. How can I file an objection or hearing             NC 27604. The petition requested that
                                            requests for hearings must be received                  request?                                              40 CFR part 180 be amended by
                                            on or before November 17, 2015, and                                                                           establishing tolerances for residues of
                                                                                                      Under FFDCA section 408(g), 21                      the insecticide fluensulfone, 3,4,4-
                                            must be filed in accordance with the                    U.S.C. 346a, any person may file an
                                            instructions provided in 40 CFR part                                                                          trifluoro-but-3-ene-1-sulfonic acid, in or
                                                                                                    objection to any aspect of this regulation            on tomato, paste at 1.0 parts per million
                                            178 (see also Unit I.C. of the                          and may also request a hearing on those
                                            SUPPLEMENTARY INFORMATION).
                                                                                                                                                          (ppm). That document referenced a
                                                                                                    objections. You must file your objection              summary of the petition prepared by
                                            ADDRESSES: The docket for this action,                  or request a hearing on this regulation               ADAMA, the registrant, which is
                                            identified by docket identification (ID)                in accordance with the instructions                   available in the docket, http://
                                            number EPA–HQ–OPP–2015–0375, is                         provided in 40 CFR part 178. To ensure                www.regulations.gov. There were no
                                            available at http://www.regulations.gov                 proper receipt by EPA, you must                       comments received in response to the
                                            or at the Office of Pesticide Programs                  identify docket ID number EPA–HQ–                     notice of filing.
                                            Regulatory Public Docket (OPP Docket)                   OPP–2015–0375 in the subject line on
                                            in the Environmental Protection Agency                  the first page of your submission. All                III. Aggregate Risk Assessment and
                                            Docket Center (EPA/DC), West William                    objections and requests for a hearing                 Determination of Safety
                                            Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be                          Section 408(b)(2)(A)(i) of FFDCA
                                            Constitution Ave. NW., Washington, DC                   received by the Hearing Clerk on or                   allows EPA to establish a tolerance (the
                                            20460–0001. The Public Reading Room                     before November 17, 2015. Addresses                   legal limit for a pesticide chemical
                                            is open from 8:30 a.m. to 4:30 p.m.,                    for mail and hand delivery of objections              residue in or on a food) only if EPA
                                            Monday through Friday, excluding legal                  and hearing requests are provided in 40               determines that the tolerance is ‘‘safe.’’
                                            holidays. The telephone number for the                  CFR 178.25(b).                                        Section 408(b)(2)(A)(ii) of FFDCA
                                            Public Reading Room is (202) 566–1744,                    In addition to filing an objection or               defines ‘‘safe’’ to mean that ‘‘there is a
                                            and the telephone number for the OPP                    hearing request with the Hearing Clerk                reasonable certainty that no harm will
                                            Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please               result from aggregate exposure to the
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                                            the visitor instructions and additional                 submit a copy of the filing (excluding                pesticide chemical residue, including
                                            information about the docket available                  any Confidential Business Information                 all anticipated dietary exposures and all
                                            at http://www.epa.gov/dockets.                          (CBI)) for inclusion in the public docket.            other exposures for which there is
                                            FOR FURTHER INFORMATION CONTACT:                        Information not marked confidential                   reliable information.’’ This includes
                                            Susan Lewis, Registration Division                      pursuant to 40 CFR part 2 may be                      exposure through drinking water and in
                                            (7505P), Office of Pesticide Programs,                  disclosed publicly by EPA without prior               residential settings, but does not include


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Document Created: 2015-12-15 09:27:48
Document Modified: 2015-12-15 09:27:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective November 17, 2015, without further notice, unless EPA receives adverse comment by October 19, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactPaula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7028 or by email at [email protected]
FR Citation80 FR 56390 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incineration Units; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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