80 FR 65159 - Approval and Promulgation of State Plans for Designated Facilities; New York
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 206 (October 26, 2015)
Federal Register Volume 80, Issue 206 (October 26, 2015)
| Page Range | 65159-65161 | |
| FR Document | 2015-27166 |
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)] [Rules and Regulations] [Pages 65159-65161] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27166] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2015-0509; FRL-9936-09-Region 2] Approval and Promulgation of State Plans for Designated Facilities; New York AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency is approving a request from the State of New York that EPA withdraw its approval of a provision of the New York State plan that implements and enforces the Emission Guidelines for existing sewage sludge incineration units. This action withdraws the EPA's approval of a provision of the State sewage sludge incineration plan allowing for affirmative defenses of Clean Air Act violations in the case of malfunctions. No other provision in the State plan is affected by this action. DATES: This rule is effective on November 25, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2015-0509. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either at www.regulations.gov or at the Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866. The EPA requests, if at all possible, that you contact the individual in the FOR FURTHER INFORMATION CONTACT section to view the docket. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella ([email protected]), Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 1007- 1866, (212) 637-3892. SUPPLEMENTARY INFORMATION: I. What action is the EPA taking? The EPA is approving a request from the State of New York that EPA [[Page 65160]] withdraw its approval of an affirmative defense provision in New York State's sewage sludge incineration (SSI) plan, based on a letter submitted by New York on January 27, 2015. New York State submitted the State SSI plan for EPA approval on July 1, 2013 to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act (CAA). The EPA approved the proposed State SSI plan on June 11, 2014 (79 FR 33456). The State SSI plan adopts and implements the emission guidelines (EG) set forth at Title 40 part 60 subpart MMMM of the Code of Federal Regulations (CFR) and is applicable to existing SSI units and establishes air emission limits and other requirements. Existing SSI units are units constructed on or before October 14, 2010. II. Which provision of the State SSI plan is EPA withdrawing approval of? New York State requested that the EPA withdraw its approval of a provision in the State SSI plan that allows for an affirmative defense by an owner/operator of an affected SSI unit for violations of air emissions or other requirements of the State's plan in the event of malfunction(s) of the SSI unit. The EPA's withdrawal of its prior approval, once finalized and effective, results in the removal of the affirmative defense provision from the federally-enforceable State SSI plan while maintaining the federal enforceability of the remainder of the State SSI plan for covered SSI units located in New York State. New York's State SSI plan adopted by reference all the applicable requirements of the EPA's SSI EG, including the affirmative defense provisions at Sec. 60.5181, into its State plan at Part 200 of Title 6 of the New York Code of Rules and Regulations (6NYCRR) of the State of New York, entitled ``General Provisions.'' For further details concerning today's action, the reader is referred to the EPA's proposed rule published in the Federal Register on August 24, 2015 (80 FR 51170). III. What comments were received on the proposed approval and how has the EPA responded to them? There were no comments received on EPA's proposed rulemaking (80 FR 51170, August 24, 2015) regarding the EPA's withdrawal of its prior approval of the affirmative defense provision in New York State's SSI plan. The 30-day public comment period on EPA's proposed approval ended on September 23, 2015. IV. What is the EPA's Conclusion? The EPA has evaluated New York's January 27, 2015 request for consistency with the CAA, as well as the EPA's regulations and policy. Therefore, the EPA is approving to withdraw its approval of the affirmative defense provision of New York's State SSI plan, which the EPA approved on June 11, 2014 (79 FR 33456) as part of New York's sections 111(d) and 129 State SSI plan for existing sewage sludge incineration units. No other provisions in the New York State SSI plan is affected by this approval. The EPA has determined that New York State's SSI plan will continue to meet all the applicable approval criteria if EPA withdraws its approval of the affirmative defense provision. First, the removal of the affirmative defense provision is consistent with the DC Circuit's decision in Natural Resources Defense Council v. Environmental Protection Agency, 749 F3d 1055 (D.C. Cir. April 18, 2014), as described in the EPA's proposed rulemaking (80 FR 51170, August 24, 2015). Second, a state plan must be at least as protective as the emissions guidelines promulgated by the EPA, and the removal of the affirmative defense provision from the approved state plan does not render the plan less protective, as it removes a potential defense to a violation resulting from a malfunction. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a 111(d)/ 129 plan submission that complies with the provisions of the Act and applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 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); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The 111(d)/129 plan 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 Nation Land, 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 (65FR67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time [[Page 65161]] within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Intergovernmental relations, Paper and paper products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfur acid plants, Waste treatment and disposal. Dated: October 14, 2015. Judith A. Enck, Regional Administrator, Region 2. 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 HH--New York 0 2. Section 62.8108 is amended by adding paragraphs (d) and (e) to read as follows: Sec. 62.8108 Identification of plan. * * * * * (d) On January 27, 2015, the New York State Department of Environmental Conservation (NYSDEC) submitted to the Environmental Protection Agency (EPA) a request to revise its section 111(d)/129 plan for implementation and enforcement of 40 CFR part 60, subpart MMMM-- Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration (SSI) Units submitted on July 1, 2013 and approved by the EPA on June 11, 2014 (79 FR 33456). NYSDEC's January 27, 2015 revision consisted of a request that EPA withdraw its June 11, 2013 approval of the affirmative defense provision as part of its State SSI plan, submitted to EPA for approval on July 1, 2013. (e) The effective date of EPA's approval of NYSDEC's revised plan for existing sewage sludge incineration units is November 25, 2015. [FR Doc. 2015-27166 Filed 10-23-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65159
Move Update sacks and trays ENVIRONMENTAL PROTECTION
[Delete DMM reference 283.3.5] * * * * * AGENCY
* * * * * commercial parcels
[Delete the ‘‘First-Class Package 40 CFR Part 62
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* * * * * parcels’’.] Region 2]
Bundles of Parcels * * * * *
Approval and Promulgation of State
* * * * * M Plans for Designated Facilities; New
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[Delete the ‘‘First-Class Package AGENCY: Environmental Protection
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Agency (EPA).
* * * * * * * * * *
commercial parcels ACTION: Final rule.
D [Delete the ‘‘First-Class Package SUMMARY: The Environmental Protection
* * * * * Service’’ line under ‘‘commercial Agency is approving a request from the
parcels’’.] State of New York that EPA withdraw
Documentation
* * * * * its approval of a provision of the New
* * * * * York State plan that implements and
commercial parcels Move Update Standard
enforces the Emission Guidelines for
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parcels’’.] * * * * * approval of a provision of the State
* * * * * sewage sludge incineration plan
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allowing for affirmative defenses of
E * * * * * Clean Air Act violations in the case of
* * * * * malfunctions. No other provision in the
Parcel Select
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* * * * * DATES: This rule is effective on
* * * * * mail preparation
November 25, 2015.
commercial parcels [Delete the ‘‘NDC Presort prices on
ADDRESSES: EPA has established a
[Revise ‘‘First-Class Mail’’ to read as pallets’’ and ‘‘ONDC Presort prices’’
docket for this action under Docket ID
‘‘First-Class Package Service’’.] lines under ‘‘mail preparation’’.]
No. EPA–R02–OAR–2015–0509. All
* * * * * * * * * * documents in the docket are listed on
price eligibility the www.regulations.gov Web site.
F
[Delete the ‘‘NDC Presort prices’’ and Although listed in the index, some
* * * * * ‘‘ONDC Presort prices’’ lines under information is not publicly available,
First-Class Package Service, ‘‘price eligibility’’.] e.g., CBI or other information whose
Commercial Parcels * * * * * disclosure is restricted by statute.
[Revise the index of ‘‘First-Class Presort Verification Certain other material, such as
Package Service’’, commercial parcels to copyrighted material, will be publicly
* * * * * available only in hard copy form.
read as follows:] commercial parcels Publicly available docket materials are
combined with other classes of mail, [Delete the ‘‘First-Class Package available either at www.regulations.gov
703.9.0 Service’’ line under ‘‘commercial or at the Environmental Protection
computing postage, 283.1.1 parcels’’.] Agency, Region 2 Office, Air Programs
content standards, 283.2.0
deposit of, 286.1.0 * * * * * Branch, 290 Broadway, 25th Floor, New
documentation, 284.3.0 York, New York 10007–1866. The EPA
Priority Mail requests, if at all possible, that you
eligibility standards, 283
incidental enclosure with another class * * * * * contact the individual in the FOR
of mail, 703.9.5 [Delete the ‘‘Critical Mail’’ line under FURTHER INFORMATION CONTACT section to
mail preparation, 285 ‘‘Priority Mail’’.] view the docket. The Regional Office’s
markings required on each mailpiece * * * * * official hours of business are Monday
general, 202.1.0 through Friday, 8:30 a.m. to 4 p.m.,
S excluding legal holidays.
postage payment methods, 284
postage statements, 284.2.0 Sacks FOR FURTHER INFORMATION CONTACT:
price eligibility, 283.4.0 [Delete the ‘‘First-Class Package Anthony (Ted) Gardella
size, 201.8.3 Service’’ line under ‘‘sacks’’.] (gardella.anthony@epa.gov), Air
surcharge, 283.1.4 Programs Branch, Environmental
undeliverable mail, 507.1.5.1 * * * * *
asabaliauskas on DSK5VPTVN1PROD with RULES
We will publish an appropriate Protection Agency, 290 Broadway, 25th
weight, 201.8.3.1 Floor, New York, New York 1007–1866,
ZIP Code accuracy, 283.3.5 amendment to 39 CFR part 111 to reflect
these changes. (212) 637–3892.
* * * * * SUPPLEMENTARY INFORMATION:
Stanley F. Mires,
L I. What action is the EPA taking?
Attorney, Federal Compliance.
Labels [FR Doc. 2015–26920 Filed 10–23–15; 8:45 am] The EPA is approving a request from
* * * * * BILLING CODE 7710–12–P the State of New York that EPA
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![Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65161
within which a petition for judicial DEPARTMENT OF HOMELAND developed criteria for floodplain
review may be filed, and shall not SECURITY management in floodprone areas in
postpone the effectiveness of such rule accordance with 44 CFR part 60.
or action. This action may not be Federal Emergency Management Interested lessees and owners of real
challenged later in proceedings to Agency property are encouraged to review the
enforce its requirements. (See section proof Flood Insurance Study and FIRM
307(b)(2)). 44 CFR Part 67 available at the address cited below for
List of Subjects in 40 CFR Part 62 [Docket ID FEMA–2015–0001] each community. The BFEs and
modified BFEs are made final in the
Environmental protection, Final Flood Elevation Determinations communities listed below. Elevations at
Administrative practice and procedure, selected locations in each community
Air pollution control, Aluminum, AGENCY: Federal Emergency are shown.
Fertilizers, Fluoride, Intergovernmental Management Agency, DHS. National Environmental Policy Act.
relations, Paper and paper products ACTION: Final rule. This final rule is categorically excluded
industry, Phosphate, Reporting and from the requirements of 44 CFR part
recordkeeping requirements, Sulfur SUMMARY: Base (1% annual-chance) 10, Environmental Consideration. An
oxides, Sulfur acid plants, Waste Flood Elevations (BFEs) and modified environmental impact assessment has
treatment and disposal. BFEs are made final for the not been prepared.
Dated: October 14, 2015. communities listed below. The BFEs
Regulatory Flexibility Act. As flood
Judith A. Enck,
and modified BFEs are the basis for the
elevation determinations are not within
floodplain management measures that
Regional Administrator, Region 2. the scope of the Regulatory Flexibility
each community is required either to
40 CFR part 62 is amended as follows: Act, 5 U.S.C. 601–612, a regulatory
adopt or to show evidence of being
flexibility analysis is not required.
already in effect in order to qualify or
PART 62—APPROVAL AND remain qualified for participation in the Regulatory Classification. This final
PROMULGATION OF STATE PLANS National Flood Insurance Program rule is not a significant regulatory action
FOR DESIGNATED FACILITIES AND (NFIP). under the criteria of section 3(f) of
POLLUTANTS Executive Order 12866 of September 30,
DATES: The date of issuance of the Flood 1993, Regulatory Planning and Review,
■ 1. The authority citation for part 62 Insurance Rate Map (FIRM) showing 58 FR 51735.
continues to read as follows: BFEs and modified BFEs for each Executive Order 13132, Federalism.
Authority: 42 U.S.C. 7401 et seq. community. This date may be obtained This final rule involves no policies that
by contacting the office where the maps have federalism implications under
Subpart HH—New York are available for inspection as indicated Executive Order 13132.
in the table below. Executive Order 12988, Civil Justice
■ 2. Section 62.8108 is amended by
ADDRESSES: The final BFEs for each Reform. This final rule meets the
adding paragraphs (d) and (e) to read as
community are available for inspection applicable standards of Executive Order
follows:
at the office of the Chief Executive 12988.
§ 62.8108 Identification of plan. Officer of each community. The
respective addresses are listed in the List of Subjects in 44 CFR Part 67
* * * * *
(d) On January 27, 2015, the New table below. Administrative practice and
York State Department of FOR FURTHER INFORMATION CONTACT: Luis procedure, Flood insurance, Reporting
Environmental Conservation (NYSDEC) Rodriguez, Chief, Engineering and recordkeeping requirements.
submitted to the Environmental Management Branch, Federal Insurance Dated: October 8, 2015.
Protection Agency (EPA) a request to and Mitigation Administration, Federal Roy E. Wright,
revise its section 111(d)/129 plan for Emergency Management Agency, 500 C Deputy Associate Administrator for Insurance
implementation and enforcement of 40 Street SW., Washington, DC 20472, and Mitigation, Department of Homeland
CFR part 60, subpart MMMM— (202) 646–4064, or (email) Security, Federal Emergency Management
Emission Guidelines and Compliance Luis.Rodriguez3@fema.dhs.gov. Agency.
Times for Existing Sewage Sludge SUPPLEMENTARY INFORMATION: The Accordingly, 44 CFR part 67 is
Incineration (SSI) Units submitted on Federal Emergency Management Agency amended as follows:
July 1, 2013 and approved by the EPA (FEMA) makes the final determinations
on June 11, 2014 (79 FR 33456). listed below for the modified BFEs for PART 67—[AMENDED]
NYSDEC’s January 27, 2015 revision each community listed. These modified
consisted of a request that EPA elevations have been published in ■ 1. The authority citation for part 67
withdraw its June 11, 2013 approval of newspapers of local circulation and continues to read as follows:
the affirmative defense provision as part ninety (90) days have elapsed since that Authority: 42 U.S.C. 4001 et seq.;
of its State SSI plan, submitted to EPA publication. The Deputy Associate Reorganization Plan No. 3 of 1978, 3 CFR,
for approval on July 1, 2013. Administrator for Mitigation has 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
(e) The effective date of EPA’s resolved any appeals resulting from this 3 CFR, 1979 Comp., p. 376.
approval of NYSDEC’s revised plan for notification.
asabaliauskas on DSK5VPTVN1PROD with RULES
existing sewage sludge incineration § 67.11 [Amended]
This final rule is issued in accordance
units is November 25, 2015. with section 110 of the Flood Disaster ■ 2. The tables published under the
[FR Doc. 2015–27166 Filed 10–23–15; 8:45 am] Protection Act of 1973, 42 U.S.C. 4104, authority of § 67.11 are amended as
BILLING CODE 6560–50–P and 44 CFR part 67. FEMA has follows:
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Document Created: 2018-02-27 08:56:19
Document Modified: 2018-02-27 08:56:19
| 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 | Final rule. | |
| Dates | This rule is effective on November 25, 2015. | |
| Contact | Anthony (Ted) Gardella ([email protected]), Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 1007- 1866, (212) 637-3892. | |
| FR Citation | 80 FR 65159 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Aluminum; Fertilizers; Fluoride; Intergovernmental Relations; Paper and Paper Products Industry; Phosphate; Reporting and Recordkeeping Requirements; Sulfur Oxides; Sulfur Acid Plants and Waste Treatment and Disposal |
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