81 FR 380 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 3 (January 6, 2016)
Federal Register Volume 81, Issue 3 (January 6, 2016)
| Page Range | 380-382 | |
| FR Document | 2015-33292 |
[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)] [Rules and Regulations] [Pages 380-382] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33292] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R07-OAR-2015-0733; FRL-9941-06-Region 7] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the state of Nebraska, for existing sewage sludge incinerator (SSI) units. This negative declaration certifies that existing SSI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of Nebraska. EPA is accepting the negative declaration in accordance with the requirements of the CAA. DATES: This direct final rule will be effective March 7, 2016, without further notice, unless EPA receives adverse comment by February 5, 2016. 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- OAR-2015-0733, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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. 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. Statutory and Executive Order Reviews I. Background The 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. The general provisions for the submittal and approval of state plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, subpart A. 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 SSI 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. States have options other than submitting a state plan in order to fulfill their obligations under CAA sections 111(d) and 129. If a State does not have any existing Sewage Sludge Incineration (SSI) units for the relevant emissions guidelines, a letter can be submitted certifying that no such units exist within the State (i.e., negative declaration) in lieu of a state plan. The negative declaration exempts the State from the requirements of subpart B that would otherwise require the submittal of a CAA section 111(d)/129 plan. On March 21, 2011 (76 FR 15372), the EPA established emission guidelines and compliance times for existing SSI units. The emission guidelines and compliance times are codified at 40 CFR 60, Subpart MMMM. In order to fulfill obligations under CAA sections 111(d) and 129, NDEQ submitted a negative declaration letter to EPA on December 6, 2012. The submittal of this declaration exempts NDEQ from the requirement to [[Page 381]] submit a state plan for existing SSI units. II. Analysis of State Submittal In this Direct Final action, EPA is amending part 62 to reflect receipt of the negative declaration letter from the NDEQ, certifying that there are no existing SSI units subject to 40 CFR part 60, subpart MMMM, in accordance with Section 111(d) of the CAA. If a designated facility (i.e., existing SSI unit) is later found within NDEQ's jurisdiction after publication of this Federal Register action, then the overlooked facility will become subject to the requirements of the Federal plan for that designated facility, including the compliance schedule. The Federal plan will no longer apply, if we subsequently receive and approve the 111(d) plan from the jurisdiction with the overlooked facility. EPA is 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 negative declaration 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. III. 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 March 7, 2016. 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 Nebraska's section 111(d)/129 plan revision for SSI sources may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements, Sewage sludge incinerators. Dated: December 23, 2015. Mark Hague, 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. et seq. Subpart CC--Nebraska * * * * * 0 2. Subpart CC is amended by adding an undesignated center heading and Sec. 62.6917 to read as follows: [[Page 382]] Air Emissions Standards of Performance for New Sewage Sludge Incinerators Sec. 62.6917 Identification of plan--negative declaration. Letter from the Nebraska Department of Environmental Quality received December 6, 2012, certifying that there are no Sewage Sludge Incinerator units subject to 40 CFR part 60, subpart MMMM. [FR Doc. 2015-33292 Filed 1-5-16; 8:45 am] BILLING CODE 6560-50-P
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period and subsequent embryo ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
extraction; and AGENCY Paula Higbee, Environmental Protection
(v) Ability of the device to permit Agency, Air Planning and Development
40 CFR Part 62 Branch, 11201 Renner Boulevard,
oxygen and carbon dioxide exchange
between the media contained within the [EPA–R07–OAR–2015–0733; FRL–9941–06– Lenexa, Kansas 66219 at 913–551–7028
Region 7] or by email at higbee.paula@epa.gov.
device and the external environment
throughout the vaginal incubation SUPPLEMENTARY INFORMATION:
Approval and Promulgation of State Throughout this document ‘‘we,’’ ‘‘us,’’
period. Plans for Designated Facilities and or ‘‘our’’ refer to EPA. This section
(3) The patient-contacting Pollutants; Nebraska; Sewage Sludge provides additional information by
components of the device must be Incinerators addressing the following:
demonstrated to be biocompatible.
AGENCY: Environmental Protection I. Background
(4) Performance data must Agency (EPA). II. Analysis of State Submittal
demonstrate the sterility of the device ACTION: Direct final rule. III. Statutory and Executive Order Reviews
components intended to be provided I. Background
sterile. SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final The CAA requires that state regulatory
(5) Shelf life testing must demonstrate
action to approve the Clean Air Act agencies implement the emission
that the device maintains its (CAA) section 111(d)/129 negative guidelines and compliance times using
performance characteristics and the declaration for the state of Nebraska, for a state plan developed under sections
packaging of device components labeled existing sewage sludge incinerator (SSI) 111(d) and 129 of the CAA. The general
as sterile maintain integrity and sterility units. This negative declaration certifies provisions for the submittal and
for the duration of the shelf life. that existing SSI units subject to approval of state plans are codified in
(6) Labeling for the device must sections 111(d) and 129 of the CAA do 40 CFR part 60, subpart B and 40 CFR
include: not exist within the jurisdiction of part 62, subpart A. Section 111(d)
Nebraska. EPA is accepting the negative establishes general requirements and
(i) A detailed summary of the clinical
declaration in accordance with the procedures on state plan submittals for
testing, including device effectiveness, requirements of the CAA. the control of designated pollutants.
device-related complications, and
DATES: This direct final rule will be Section 129 requires emission
adverse events;
effective March 7, 2016, without further guidelines to be promulgated for all
(ii) Validated methods and notice, unless EPA receives adverse categories of solid waste incineration
instructions for reprocessing of reusable comment by February 5, 2016. If EPA units, including SSI units. Section 129
components; receives adverse comment, we will mandates that all plan requirements be
(iii) The maximum number of gametes publish a timely withdrawal of the at least as protective and restrictive as
or embryos that can be loaded into the direct final rule in the Federal Register the promulgated emission guidelines.
device; informing the public that the rule will This includes fixed final compliance
not take effect. dates, fixed compliance schedules, and
(iv) A warning that informs users that ADDRESSES: Submit your comments, Title V permitting requirements for all
the embryo development is first identified by Docket ID No. EPA–R07– affected sources. Section 129 also
evaluated following intravaginal OAR–2015–0733, to http:// requires that state plans be submitted to
culture; and www.regulations.gov. Follow the online EPA within one year after EPA’s
(v) A statement that instructs the user instructions for submitting comments. promulgation of the emission guidelines
to use legally marketed assisted Once submitted, comments cannot be and compliance times.
reproductive technology media that edited or removed from Regulations.gov. States have options other than
contain elements to mitigate the The EPA may publish any comment submitting a state plan in order to fulfill
contamination risk (e.g., antibiotics) and received to its public docket. Do not their obligations under CAA sections
to support continued embryonic submit electronically any information 111(d) and 129. If a State does not have
development over the intravaginal you consider to be Confidential any existing Sewage Sludge Incineration
culture period. Business Information (CBI) or other (SSI) units for the relevant emissions
information whose disclosure is guidelines, a letter can be submitted
(7) Patient labeling must be provided restricted by statute. Multimedia certifying that no such units exist
and must include: submissions (audio, video, etc.) must be within the State (i.e., negative
(i) Relevant warnings, precautions, accompanied by a written comment. declaration) in lieu of a state plan. The
and adverse effects and complications; The written comment is considered the negative declaration exempts the State
(ii) Information on how to use the official comment and should include from the requirements of subpart B that
discussion of all points you wish to would otherwise require the submittal
device;
make. The EPA will generally not of a CAA section 111(d)/129 plan.
(iii) The risks and benefits associated consider comments or comment On March 21, 2011 (76 FR 15372), the
with the use of the device; and contents located outside of the primary EPA established emission guidelines
(iv) A summary of the principal submission (i.e. on the web, cloud, or and compliance times for existing SSI
clinical device effectiveness results. other file sharing system). For units. The emission guidelines and
additional submission methods, the full compliance times are codified at 40 CFR
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Dated: December 30, 2015.
EPA public comment policy, 60, Subpart MMMM. In order to fulfill
Leslie Kux, information about CBI or multimedia obligations under CAA sections 111(d)
Associate Commissioner for Policy. submissions, and general guidance on and 129, NDEQ submitted a negative
[FR Doc. 2015–33264 Filed 1–5–16; 8:45 am] making effective comments, please visit declaration letter to EPA on December 6,
BILLING CODE 4164–01–P http://www2.epa.gov/dockets/ 2012. The submittal of this declaration
commenting-epa-dockets. exempts NDEQ from the requirement to
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![382 Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Rules and Regulations
Air Emissions Standards of disease. Under this final rule, only individuals 1 who are prohibited from
Performance for New Sewage Sludge covered entities with lawful authority to engaging in the shipment, transport,
Incinerators make the adjudications or commitment receipt, or possession of firearms,
decisions that make individuals subject including convicted felons and
§ 62.6917 Identification of plan—negative to the Federal mental health prohibitor, fugitives. Most relevant for the purposes
declaration.
or that serve as repositories of of this rule is the Federal mental health
Letter from the Nebraska Department information for NICS reporting prohibitor, which, pursuant to
of Environmental Quality received purposes, are permitted to disclose the Department of Justice (DOJ) regulations,
December 6, 2012, certifying that there information needed for these purposes. applies to individuals who have been
are no Sewage Sludge Incinerator units The disclosure is restricted to limited involuntarily committed to a mental
subject to 40 CFR part 60, subpart demographic and certain other institution, for reasons such as mental
MMMM. information needed for NICS purposes. illness or drug use; 2 found incompetent
[FR Doc. 2015–33292 Filed 1–5–16; 8:45 am] The rule specifically prohibits the to stand trial or not guilty by reason of
BILLING CODE 6560–50–P disclosure of diagnostic or clinical insanity; or otherwise determined by a
information, from medical records or court, board, commission, or other
other sources, and any mental health lawful authority to be a danger to
DEPARTMENT OF HEALTH AND information beyond the indication that themselves or others or unable to
HUMAN SERVICES the individual is subject to the Federal manage their own affairs, as a result of
mental health prohibitor. marked subnormal intelligence, or
Office of the Secretary DATES: Effective date: This final rule is mental illness, incompetency,
effective on February 5, 2016. condition, or disease.3 4
45 CFR Part 164 The Brady Gun Law established the
FOR FURTHER INFORMATION CONTACT:
NICS to help enforce these prohibitions,
Health Insurance Portability and Andra Wicks, 202–205–2292. as well as State law prohibitions on the
Accountability Act (HIPAA) Privacy SUPPLEMENTARY INFORMATION: possession or receipt of firearms.5 The
Rule and the National Instant Criminal I. Background NICS Index, a database administered by
Background Check System (NICS) the Federal Bureau of Investigation
On January 16, 2013, President Barack (FBI), collects and maintains certain
AGENCY: Office for Civil Rights, Obama announced 23 executive actions identifying information about
Department of Health and Human aimed at curbing gun violence across individuals who are subject to one or
Services. the nation. Those actions include efforts more Federal prohibitors and thus who
ACTION: Final rule. by the Federal government to strengthen are ineligible to purchase firearms. As of
the national background check system, 2012, the NICS Index also contains
SUMMARY: The Department of Health and and a specific commitment to ‘‘[a]ddress information on persons who are subject
Human Services (HHS or ‘‘the unnecessary legal barriers, particularly to State law prohibitions on the
Department’’) is issuing this final rule to relating to the Health Insurance possession or receipt of firearms.6 The
modify the Health Insurance Portability Portability and Accountability Act, that
and Accountability Act of 1996 (HIPAA) may prevent States from making 1 See 18 U.S.C. 922(g) and (n) and implementing
Privacy Rule to expressly permit certain information available to the background regulations at 27 CFR 478.11 and 27 CFR 478.32.
HIPAA covered entities to disclose to check system.’’ The National Instant 2 The regulation, at 27 CFR 478.11, defines
the National Instant Criminal Criminal Background Check System ‘‘Committed to a mental institution’’ as a formal
commitment to the institution by a court or other
Background Check System (NICS) the (NICS) is the system used to determine lawful authority. The term does not apply to a
identities of individuals who are subject whether a potential firearms recipient is person voluntarily admitted to a mental institution
to a Federal ‘‘mental health prohibitor’’ statutorily prohibited from possessing or or in a mental institution merely for observation.
3 The term used in the statute is ‘‘adjudicated as
that disqualifies them from shipping, receiving a firearm. The Department
a mental defective. The term includes a finding of
transporting, possessing, or receiving a proposed, and now finalizes, a insanity in a criminal case, and a finding of
firearm. The NICS is a national system modification to the HIPAA Privacy Rule incompetence to stand trial or a finding of not
maintained by the Federal Bureau of to permit certain covered entities to guilty by reason of lack of mental responsibility
Investigation (FBI) to conduct disclose to the NICS the identities of pursuant to the Uniform Code of Military Justice.
27 CFR 478.11.
background checks on persons who may persons who are not allowed to possess 4 This rule refers to the involuntary commitments
be disqualified from receiving firearms or receive a firearm because they are and other applicable adjudications as, collectively,
based on Federally prohibited categories subject to the Federal mental health ‘‘adjudications that make an individual subject to
or State law. Among the persons subject prohibitor. the Federal mental health prohibitor.’’
5 See Public Law 103–159, 18 U.S.C. 921–925,
to the Federal mental health prohibitor
established under the Gun Control Act The National Instant Criminal and implementing regulations at 28 CFR 25.1
Background Check System (NICS) through 25.11 (establishing NICS information
of 1968 and implementing regulations system specifications and processes) and 27 CFR
issued by the Department of Justice The Brady Handgun Violence part 478 (establishing requirements and
(DOJ) are individuals who have been Prevention Act of 1993, Public Law prohibitions for commerce in firearms and
ammunition, including requirements related to
involuntarily committed to a mental 103–159 (Brady Gun Law), and its conducting NICS background checks); and 42
institution; found incompetent to stand implementing regulations, are designed U.S.C. 3759(b) (allocating a percentage of certain
trial or not guilty by reason of insanity; to prevent the transfer of firearms by DOJ funds for State reporting of NICS data).
6 See Statement Before the Senate Judiciary
or otherwise have been determined by a licensed dealers to individuals who are
Committee, Subcommittee on Crime and Terrorism
court, board, commission, or other not allowed to possess or receive them
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at a hearing entitled, ‘‘THE FIX GUN CHECKS ACT:
lawful authority to be a danger to as a result of restrictions contained in BETTER STATE AND FEDERAL COMPLIANCE,
themselves or others or to lack the either the Gun Control Act of 1968, as SMARTER ENFORCEMENT’’ (November 15, 2011),
mental capacity to contract or manage amended (Title 18, United States Code, by David Cuthbertson, Assistant Director, Criminal
Justice Information Services Division, Federal
their own affairs, as a result of marked Chapter 44), or State law. The Gun Bureau of Investigation. Testimony available at:
subnormal intelligence or mental Control Act identifies several categories http://www.justice.gov/ola/testimony/112-1/11-15-
illness, incompetency, condition, or (known as ‘‘prohibitors’’) of 11-fbi-cuthbertson-testimony-re-the-fix-gun-checks-
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Document Created: 2016-01-06 04:01:59
Document Modified: 2016-01-06 04:01:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective March 7, 2016, without further notice, unless EPA receives adverse comment by February 5, 2016. 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. | |
| 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] | |
| FR Citation | 81 FR 380 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sewage Sludge Incinerators |
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