81_FR_41405 81 FR 41283 - Clean Air Act Title V Operating Permit Program Revision; New Jersey

81 FR 41283 - Clean Air Act Title V Operating Permit Program Revision; New Jersey

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range41283-41284
FR Document2016-15004

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey title V Operating Permit Program requested by the New Jersey Department of Environmental Protection (NJDEP) on May 15, 2015. NJDEP adopted a rule revision on December 29, 2014, to change the fee schedule for certain permitting activities for major facilities, including application fees for significant modifications and fees to authorize general operating permit registration and operation of used oil space heaters. The adopted rule took effect on February 27, 2015. NJDEP submitted a request to EPA to incorporate the revised fee schedule into its Operating Permit Program. EPA proposes to approve the requested change as a revision to the NJOPP.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Proposed Rules]
[Pages 41283-41284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15004]



[[Page 41283]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R02-OAR-2015-0837; FRL-9948-31-Region 2]


Clean Air Act Title V Operating Permit Program Revision; New 
Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the New Jersey title V Operating Permit Program 
requested by the New Jersey Department of Environmental Protection 
(NJDEP) on May 15, 2015. NJDEP adopted a rule revision on December 29, 
2014, to change the fee schedule for certain permitting activities for 
major facilities, including application fees for significant 
modifications and fees to authorize general operating permit 
registration and operation of used oil space heaters. The adopted rule 
took effect on February 27, 2015. NJDEP submitted a request to EPA to 
incorporate the revised fee schedule into its Operating Permit Program. 
EPA proposes to approve the requested change as a revision to the 
NJOPP.

DATES: Comments must be received on or before July 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2015-0837, at 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: Suilin Chan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4019.

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following items:

I. Background

    EPA granted full approval of the New Jersey title V Operating 
Permit Program on December 5, 2001 (66 FR 63168). The New Jersey 
Operating Permit Program (NJOPP) is implemented through its Operating 
Permits Rule codified at Subchapter 22 of Chapter 27 of Title 7 of the 
New Jersey Administrative Code (N.J.A.C. 7:27-22). As mandated by title 
V of the Clean Air Act (CAA) as well as its implementing regulations 
found in part 70 of Title 40 of the Code of Federal Regulations (40 CFR 
part 70), an approved State must establish a fee schedule that results 
in the collection and retention of revenues sufficient to cover the 
direct and indirect costs of implementing the State's operating permit 
program. NJDEP periodically adjusts the title V fee schedule stipulated 
at N.J.A.C. 7:27-22 to ensure that the NJOPP is adequately funded by 
fees collected from subject sources. EPA's evaluation of New Jersey's 
title V fee program during a program audit conducted in 2012 showed 
that the fees collected by New Jersey were insufficient to cover the 
costs of administering the NJOPP. The NJOPP has a deficit carried over 
year after year that accumulated to $7.5 million dollars as of fiscal 
year (FY) 2011. As of FY 2014, the cumulative shortfall was over $10 
million dollars. New Jersey is required to resolve the funding issue by 
taking all necessary actions.

II. Summary of Program Revision

    On December 29, 2014, New Jersey finalized rule revisions to amend 
certain fee provisions for major facilities in its Operating Permits 
Rule, codified at N.J.A.C. 7:27-22. For significant modifications, 
NJDEP charges major facilities base fees for straightforward 
applications and adds supplementary fees for more complex applications. 
The prior fee schedules for significant modifications were found at 
N.J.A.C. 7:27-22.31(r), (s), (v) and (w). These provisions expired on 
December 29, 2014 and have now been deleted. New Jersey's revision 
replaces these provisions with a new Base Fee Schedule and 
Supplementary Fee Schedule for significant modifications, found at 
N.J.A.C 7:27-22.31(y) and N.J.A.C 7:27-22.31(z) respectively.
    New Jersey's revision also updated the fee schedule for a major 
facility's registration under a General Operating Permit and 
authorization to operate a used oil space heater. The prior fee 
schedule for these actions was located at N.J.A.C. 7:27-22.31(t) and 
(x) and expired on December 29, 2014. New Jersey's revision deletes 
those provisions and replaces them with a new fee schedule at N.J.A.C. 
7:27-22.31(aa).
    Finally, New Jersey's revision updates other provisions of the 
Operating Permits Rule to reflect references to the new fee schedules 
rather than the prior now-deleted provisions, including at N.J.A.C. 
7:27-22.1 (definition of ``probe'') and N.J.A.C. 7:27-22.31(a)(6), (e), 
(k)(1), (k)(2), (p) and (u)(4), (5), (7), and (9). For details of New 
Jersey's revision of its Operating Permits Rule, please refer to the 
public docket.
    New Jersey has found that these increases in fees are necessary to 
provide additional funding to help reduce the deficit for the NJOPP, 
and the rule changes effectuating the increases have undergone the 
State's complete rulemaking process. On May 15, 2015, NJDEP submitted a 
request that these revisions to its Operating Permits Rule be 
incorporated into New Jersey's Operating Permit Program as a program 
revision, in accordance with 40 CFR 70.4(i).\1\ This proposed rule 
would grant that request.
---------------------------------------------------------------------------

    \1\ In the same document, NJDEP submitted rule revisions related 
to minor facilities fees found at N.J.A.C. 7:27-8 as a SIP 
submittal. This SIP submittal will be addressed in a separate 
rulemaking.
---------------------------------------------------------------------------

III. Proposed Action

    The State of New Jersey has adopted rule revisions to increase the 
base and supplementary fees for significant modifications at major 
facilities, at N.J.A.C. 7:27-22.31(y) and (z), and registration fees 
for major facilities' use of General Operating Permits and 
authorization to operate used oil space heaters at N.J.A.C. 7:27-
22.31(aa). The rule revisions also deleted outdated fee provisions at 
7:27-22.31(r)-(t) and (v)-(x) and updated cross-references found in 
N.J.A.C. 7:27-22.1 (definition of ``probe'') and N.J.A.C. 7:27-
22.31(a)(6), (e), (k)(1), (k)(2), (p) and (u)(4), (5), (7), and (9). 
The rule revisions were adopted in accordance with the state's 
rulemaking procedures on December 29, 2014. The rule changes are 
necessary to increase fee revenues to fund the NJOPP. The requirement 
that revenues collected from sources subject to a state's Operating 
Permits Program provide funding sufficient to cover the permit 
program's costs is mandated by

[[Page 41284]]

title V of the CAA and its implementing regulations at 40 CFR 70.9. In 
today's action, pursuant to 40 CFR 70.4(i)(2), EPA is proposing to 
approve NJDEP's May 15, 2015 request to incorporate New Jersey's 
Operating Permits Rule (N.J.A.C. 7:27-22) as revised on December 29, 
2014 as a revision to New Jersey's Operating Permit Program. EPA is 
soliciting public comments on EPA's proposed action to incorporate the 
revised rule into the NJOPP. These comments will be considered before 
taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposed action merely proposes to approve State law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by State law. Accordingly, the Administrator 
certifies that this proposed 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.). It also 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).
    Because this rule proposes to approve 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 proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, 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 proposes to approve a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act.
    This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272 note, requires Federal agencies to 
use technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing State Operating Permit Programs submitted pursuant to title V 
of the Clean Air Act, EPA will approve such regulations provided that 
they meet the requirements of the CAA and EPA's regulations codified at 
40 CFR part 70. 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 such regulations for failure to use 
VCS. It would, thus, be inconsistent with applicable law for EPA, when 
it reviews such regulations, to use VCS in place of a State regulation 
that otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the NTTAA do not apply.
    This proposed 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.).

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 14, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-15004 Filed 6-23-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules                                                     41283

                                                  ENVIRONMENTAL PROTECTION                                FOR FURTHER INFORMATION CONTACT:                          New Jersey’s revision also updated
                                                  AGENCY                                                  Suilin Chan, Air Programs Branch,                      the fee schedule for a major facility’s
                                                                                                          Environmental Protection Agency, 290                   registration under a General Operating
                                                  40 CFR Part 70                                          Broadway, 25th Floor, New York, New                    Permit and authorization to operate a
                                                                                                          York 10007–1866, (212) 637–4019.                       used oil space heater. The prior fee
                                                  [EPA–R02–OAR–2015–0837; FRL–9948–31–                                                                           schedule for these actions was located at
                                                  Region 2]                                               SUPPLEMENTARY INFORMATION: This
                                                                                                          section provides additional information                N.J.A.C. 7:27–22.31(t) and (x) and
                                                  Clean Air Act Title V Operating Permit                  by addressing the following items:                     expired on December 29, 2014. New
                                                  Program Revision; New Jersey                                                                                   Jersey’s revision deletes those
                                                                                                          I. Background                                          provisions and replaces them with a
                                                  AGENCY:  Environmental Protection                          EPA granted full approval of the New                new fee schedule at N.J.A.C. 7:27–
                                                  Agency (EPA).                                           Jersey title V Operating Permit Program                22.31(aa).
                                                  ACTION: Proposed rule.                                  on December 5, 2001 (66 FR 63168). The                    Finally, New Jersey’s revision updates
                                                                                                          New Jersey Operating Permit Program                    other provisions of the Operating
                                                  SUMMARY:    The Environmental Protection                                                                       Permits Rule to reflect references to the
                                                                                                          (NJOPP) is implemented through its
                                                  Agency (EPA) is proposing to approve a                                                                         new fee schedules rather than the prior
                                                                                                          Operating Permits Rule codified at
                                                  revision to the New Jersey title V                                                                             now-deleted provisions, including at
                                                                                                          Subchapter 22 of Chapter 27 of Title 7
                                                  Operating Permit Program requested by                                                                          N.J.A.C. 7:27–22.1 (definition of
                                                                                                          of the New Jersey Administrative Code
                                                  the New Jersey Department of                                                                                   ‘‘probe’’) and N.J.A.C. 7:27–22.31(a)(6),
                                                                                                          (N.J.A.C. 7:27–22). As mandated by title
                                                  Environmental Protection (NJDEP) on                                                                            (e), (k)(1), (k)(2), (p) and (u)(4), (5), (7),
                                                                                                          V of the Clean Air Act (CAA) as well as
                                                  May 15, 2015. NJDEP adopted a rule                                                                             and (9). For details of New Jersey’s
                                                                                                          its implementing regulations found in
                                                  revision on December 29, 2014, to                                                                              revision of its Operating Permits Rule,
                                                                                                          part 70 of Title 40 of the Code of Federal
                                                  change the fee schedule for certain                                                                            please refer to the public docket.
                                                                                                          Regulations (40 CFR part 70), an                          New Jersey has found that these
                                                  permitting activities for major facilities,             approved State must establish a fee
                                                  including application fees for significant                                                                     increases in fees are necessary to
                                                                                                          schedule that results in the collection                provide additional funding to help
                                                  modifications and fees to authorize                     and retention of revenues sufficient to
                                                  general operating permit registration                                                                          reduce the deficit for the NJOPP, and
                                                                                                          cover the direct and indirect costs of                 the rule changes effectuating the
                                                  and operation of used oil space heaters.                implementing the State’s operating
                                                  The adopted rule took effect on                                                                                increases have undergone the State’s
                                                                                                          permit program. NJDEP periodically                     complete rulemaking process. On May
                                                  February 27, 2015. NJDEP submitted a                    adjusts the title V fee schedule
                                                  request to EPA to incorporate the                                                                              15, 2015, NJDEP submitted a request
                                                                                                          stipulated at N.J.A.C. 7:27–22 to ensure               that these revisions to its Operating
                                                  revised fee schedule into its Operating                 that the NJOPP is adequately funded by
                                                  Permit Program. EPA proposes to                                                                                Permits Rule be incorporated into New
                                                                                                          fees collected from subject sources.                   Jersey’s Operating Permit Program as a
                                                  approve the requested change as a                       EPA’s evaluation of New Jersey’s title V
                                                  revision to the NJOPP.                                                                                         program revision, in accordance with 40
                                                                                                          fee program during a program audit                     CFR 70.4(i).1 This proposed rule would
                                                  DATES: Comments must be received on                     conducted in 2012 showed that the fees                 grant that request.
                                                  or before July 25, 2016.                                collected by New Jersey were
                                                  ADDRESSES: Submit your comments,                        insufficient to cover the costs of                     III. Proposed Action
                                                  identified by Docket ID No. EPA–R02–                    administering the NJOPP. The NJOPP                        The State of New Jersey has adopted
                                                  OAR–2015–0837, at http://                               has a deficit carried over year after year             rule revisions to increase the base and
                                                  www.regulations.gov. Follow the online                  that accumulated to $7.5 million dollars               supplementary fees for significant
                                                  instructions for submitting comments.                   as of fiscal year (FY) 2011. As of FY                  modifications at major facilities, at
                                                  Once submitted, comments cannot be                      2014, the cumulative shortfall was over                N.J.A.C. 7:27–22.31(y) and (z), and
                                                  edited or removed from Regulations.gov.                 $10 million dollars. New Jersey is                     registration fees for major facilities’ use
                                                  The EPA may publish any comment                         required to resolve the funding issue by               of General Operating Permits and
                                                  received to its public docket. Do not                   taking all necessary actions.                          authorization to operate used oil space
                                                  submit electronically any information                                                                          heaters at N.J.A.C. 7:27–22.31(aa). The
                                                                                                          II. Summary of Program Revision
                                                  you consider to be Confidential                                                                                rule revisions also deleted outdated fee
                                                  Business Information (CBI) or other                        On December 29, 2014, New Jersey                    provisions at 7:27–22.31(r)–(t) and (v)–
                                                  information whose disclosure is                         finalized rule revisions to amend certain              (x) and updated cross-references found
                                                  restricted by statute. Multimedia                       fee provisions for major facilities in its             in N.J.A.C. 7:27–22.1 (definition of
                                                  submissions (audio, video, etc.) must be                Operating Permits Rule, codified at                    ‘‘probe’’) and N.J.A.C. 7:27–22.31(a)(6),
                                                  accompanied by a written comment.                       N.J.A.C. 7:27–22. For significant                      (e), (k)(1), (k)(2), (p) and (u)(4), (5), (7),
                                                  The written comment is considered the                   modifications, NJDEP charges major                     and (9). The rule revisions were adopted
                                                  official comment and should include                     facilities base fees for straightforward               in accordance with the state’s
                                                  discussion of all points you wish to                    applications and adds supplementary                    rulemaking procedures on December 29,
                                                  make. The EPA will generally not                        fees for more complex applications. The                2014. The rule changes are necessary to
                                                  consider comments or comment                            prior fee schedules for significant                    increase fee revenues to fund the
                                                  contents located outside of the primary                 modifications were found at N.J.A.C.                   NJOPP. The requirement that revenues
                                                  submission (i.e. on the web, cloud, or                  7:27–22.31(r), (s), (v) and (w). These                 collected from sources subject to a
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  other file sharing system). For                         provisions expired on December 29,                     state’s Operating Permits Program
                                                  additional submission methods, the full                 2014 and have now been deleted. New                    provide funding sufficient to cover the
                                                  EPA public comment policy,                              Jersey’s revision replaces these                       permit program’s costs is mandated by
                                                  information about CBI or multimedia                     provisions with a new Base Fee
                                                                                                                                                                   1 In the same document, NJDEP submitted rule
                                                  submissions, and general guidance on                    Schedule and Supplementary Fee
                                                                                                                                                                 revisions related to minor facilities fees found at
                                                  making effective comments, please visit                 Schedule for significant modifications,                N.J.A.C. 7:27–8 as a SIP submittal. This SIP
                                                  http://www2.epa.gov/dockets/                            found at N.J.A.C 7:27–22.31(y) and                     submittal will be addressed in a separate
                                                  commenting-epa-dockets.                                 N.J.A.C 7:27–22.31(z) respectively.                    rulemaking.



                                             VerDate Sep<11>2014   17:15 Jun 23, 2016   Jkt 238001   PO 00000   Frm 00029   Fmt 4702   Sfmt 4702   E:\FR\FM\24JNP1.SGM   24JNP1


                                                  41284                     Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules

                                                  title V of the CAA and its implementing                 National Government and the States, or                 ENVIRONMENTAL PROTECTION
                                                  regulations at 40 CFR 70.9. In today’s                  on the distribution of power and                       AGENCY
                                                  action, pursuant to 40 CFR 70.4(i)(2),                  responsibilities among the various
                                                  EPA is proposing to approve NJDEP’s                     levels of government, as specified in                  40 CFR Parts 271 and 272
                                                  May 15, 2015 request to incorporate                     Executive Order 13132 (64 FR 43255,                    [EPA–R08–RCRA–2016–0174; FRL–9947–
                                                  New Jersey’s Operating Permits Rule                     August 10, 1999). This action merely                   05–Region 8]
                                                  (N.J.A.C. 7:27–22) as revised on                        proposes to approve a state rule
                                                  December 29, 2014 as a revision to New                  implementing a Federal standard, and                   Wyoming: Proposed Authorization of
                                                  Jersey’s Operating Permit Program. EPA                  does not alter the relationship or the                 State Hazardous Waste Management
                                                  is soliciting public comments on EPA’s                  distribution of power and                              Program Revisions and Incorporation
                                                  proposed action to incorporate the                                                                             by Reference
                                                                                                          responsibilities established in the Act.
                                                  revised rule into the NJOPP. These
                                                  comments will be considered before                         This proposed rule also is not subject              AGENCY:  Environmental Protection
                                                  taking final action.                                    to Executive Order 13045 ‘‘Protection of               Agency (EPA).
                                                                                                          Children from Environmental Health                     ACTION: Proposed rule.
                                                  IV. Statutory and Executive Order
                                                                                                          Risks and Safety Risks’’ (62 FR 19885,
                                                  Reviews                                                                                                        SUMMARY:   The Environmental Protection
                                                                                                          April 23, 1997), because it is not
                                                     Under Executive Order 12866 (58 FR                                                                          Agency (EPA) is proposing to grant
                                                                                                          economically significant.
                                                  51735, October 4, 1993), this proposed                                                                         authorization to the State of Wyoming
                                                  action is not a ‘‘significant regulatory                   Section 12(d) of the National                       for the changes to its hazardous waste
                                                  action’’ and therefore is not subject to                Technology Transfer and Advancement                    program under the Solid Waste Disposal
                                                  review by the Office of Management and                  Act of 1995 (NTTAA), 15 U.S.C. 272                     Act, as amended, commonly referred to
                                                  Budget. For this reason, this action is                 note, requires Federal agencies to use                 as the Resource Conservation and
                                                  also not subject to Executive Order                     technical standards that are developed                 Recovery Act (RCRA). EPA has
                                                  13211, ‘‘Actions Concerning Regulations                 or adopted by voluntary consensus to                   determined that these changes satisfy all
                                                  That Significantly Affect Energy Supply,                carry out policy objectives, so long as                requirements needed to qualify for final
                                                  Distribution, or Use’’ (66 FR 28355, May                such standards are not inconsistent with               authorization, and is authorizing the
                                                  22, 2001).                                              applicable law or otherwise                            state’s changes through a direct final
                                                     This proposed action merely proposes                 impracticable. In reviewing State                      action. In addition, the EPA is
                                                  to approve State law as meeting Federal                 Operating Permit Programs submitted                    proposing to codify in the regulations
                                                  requirements and imposes no additional                  pursuant to title V of the Clean Air Act,              entitled ‘‘Approved State Hazardous
                                                  requirements beyond those imposed by                    EPA will approve such regulations                      Waste Management Programs,’’
                                                  State law. Accordingly, the                             provided that they meet the                            Wyoming’s authorized hazardous waste
                                                  Administrator certifies that this                       requirements of the CAA and EPA’s                      program. The EPA will incorporate by
                                                  proposed rule will not have a significant               regulations codified at 40 CFR part 70.                reference into the Code of Federal
                                                  economic impact on a substantial                                                                               Regulations (CFR) those provisions of
                                                                                                          In this context, in the absence of a prior
                                                  number of small entities under the                                                                             the State regulations that are authorized
                                                                                                          existing requirement for the State to use
                                                  Regulatory Flexibility Act (5 U.S.C. 601                                                                       and that the EPA will enforce under
                                                                                                          voluntary consensus standards (VCS),                   RCRA.
                                                  et seq.). It also does not provide EPA
                                                  with the discretionary authority to                     EPA has no authority to disapprove
                                                                                                          such regulations for failure to use VCS.               DATES:  Send written comments by July
                                                  address, as appropriate,                                                                                       25, 2016.
                                                  disproportionate human health or                        It would, thus, be inconsistent with
                                                                                                          applicable law for EPA, when it reviews                ADDRESSES: Submit your comments,
                                                  environmental effects, using practicable
                                                                                                          such regulations, to use VCS in place of               identified by Docket ID No. EPA–R08–
                                                  and legally permissible methods, under
                                                                                                          a State regulation that otherwise                      RCRA–2016–0174 by mail to Christina
                                                  Executive Order 12898 (59 FR 7629,
                                                                                                          satisfies the provisions of the Clean Air              Cosentini, Resource Conservation and
                                                  February 16, 1994).
                                                                                                          Act. Thus, the requirements of section                 Recovery Program, EPA Region 8, 1595
                                                     Because this rule proposes to approve
                                                                                                          12(d) of the NTTAA do not apply.                       Wynkoop Street, Mail Code 8P–R,
                                                  pre-existing requirements under State
                                                                                                                                                                 Denver, Colorado 80202. You may also
                                                  law and does not impose any additional                     This proposed rule does not impose                  submit comments electronically or
                                                  enforceable duty beyond that required                   an information collection burden under                 through hand delivery/courier by
                                                  by State law, it does not contain any                   the provisions of the Paperwork                        following the detailed instructions in
                                                  unfunded mandate or significantly or                    Reduction Act of 1995 (44 U.S.C. 3501                  the ADDRESSES section of the direct final
                                                  uniquely affect small governments, as
                                                                                                          et seq.).                                              rule located in the Rules section of this
                                                  described in the Unfunded Mandates
                                                                                                                                                                 Federal Register.
                                                  Reform Act of 1995 (Pub. L. 104–4).                     List of Subjects in 40 CFR Part 70
                                                     This proposed rule also does not have                                                                       FOR FURTHER INFORMATION CONTACT:
                                                  tribal implications because it will not                   Environmental protection,                            Christina Cosentini at (303) 312–6231,
                                                  have a substantial direct effect on one or              Administrative practice and procedure,                 cosentini.christina@epa.gov.
                                                  more Indian tribes, on the relationship                 Air pollution control, Intergovernmental               SUPPLEMENTARY INFORMATION: In the
                                                  between the Federal Government and                      relations, Operating permits, Reporting                ‘‘Rules and Regulations’’ section of this
                                                  Indian tribes, or on the distribution of                and recordkeeping requirements.                        Federal Register, the EPA is authorizing
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  power and responsibilities between the                    Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                 changes to the Wyoming program, in
                                                  Federal Government and Indian tribes,                                                                          addition to codifying and incorporating
                                                  as specified by Executive Order 13175                     Dated: June 14, 2016.                                by reference the State’s hazardous waste
                                                  (65 FR 67249, November 9, 2000).                        Judith A. Enck,                                        program as a direct final rule. The EPA
                                                     This action also does not have                       Regional Administrator, Region 2.                      did not make a proposal prior to the
                                                  federalism implications because it does                 [FR Doc. 2016–15004 Filed 6–23–16; 8:45 am]            direct final rule because we believe
                                                  not have substantial direct effects on the                                                                     these actions are not controversial and
                                                                                                          BILLING CODE 6560–50–P
                                                  States, on the relationship between the                                                                        do not expect comments that oppose


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Document Created: 2016-06-24 00:52:49
Document Modified: 2016-06-24 00:52:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before July 25, 2016.
ContactSuilin Chan, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4019.
FR Citation81 FR 41283 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Operating Permits and Reporting and Recordkeeping Requirements

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