81_FR_417 81 FR 414 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators

81 FR 414 - 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)

Page Range414-415
FR Document2015-33291

The Environmental Protection Agency (EPA) proposes 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.

Federal Register, Volume 81 Issue 3 (Wednesday, January 6, 2016)
[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Proposed Rules]
[Pages 414-415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2015-0733; FRL-9941-05-Region 7]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Nebraska; Sewage Sludge Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes 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: Comments must be received on or before February 5, 2016.

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: In the final rules section of this Federal 
Register, EPA is approving the state's SIP revision as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial revision amendment and anticipates no relevant adverse 
comments to this action. A detailed rationale for the approval is set 
forth in the direct final rule. If no relevant adverse comments are 
received in response to this action, no further activity is 
contemplated in relation to this action. If EPA receives relevant 
adverse comments, the direct final rule will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on this proposed action. EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time. Please note that if EPA receives 
adverse comment on part of this rule and if that part can be severed

[[Page 415]]

from the remainder of the rule, EPA may adopt as final those parts of 
the rule that are not the subject of an adverse comment. For additional 
information, see the direct final rule which is located in the rules 
section of this Federal Register.

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.
[FR Doc. 2015-33291 Filed 1-5-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               414                    Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules

                                               List of Subjects in 10 CFR Part 72                        Amendment Number 1 Effective Date:                   jurisdiction of Nebraska. EPA is
                                                  Administrative practice and                          July 15, 2002.                                         accepting the negative declaration in
                                               procedure, Criminal penalties,                            Amendment Number 2 Effective Date:                   accordance with the requirements of the
                                               Hazardous waste, Indians,                               June 7, 2005.                                          CAA.
                                               Intergovernmental relations, Manpower                     Amendment Number 3 Effective Date:                   DATES: Comments must be received on
                                               training programs, Nuclear energy,                      May 29, 2007.                                          or before February 5, 2016.
                                               Nuclear materials, Occupational safety                    Amendment Number 4 Effective Date:                   ADDRESSES: Submit your comments,
                                               and health, Penalties, Radiation                        January 8, 2008.                                       identified by Docket ID No. EPA–R07–
                                               protection, Reporting and recordkeeping                   Amendment Number 5 Effective Date:                   OAR–2015–0733, to http://
                                               requirements, Security measures, Spent                  July 14, 2008.                                         www.regulations.gov. Follow the online
                                               fuel, Whistleblowing.                                     Amendment Number 6 Effective Date:                   instructions for submitting comments.
                                                  For the reasons set out in the                       August 17, 2009.                                       Once submitted, comments cannot be
                                               preamble and under the authority of the                   Amendment Number 7 Effective Date:                   edited or removed from Regulations.gov.
                                               Atomic Energy Act of 1954, as amended;                  December 28, 2009.                                     The EPA may publish any comment
                                               the Energy Reorganization Act of 1974,                    Amendment Number 8 Effective Date:                   received to its public docket. Do not
                                               as amended; the Nuclear Waste Policy                    May 2, 2012, as corrected on November                  submit electronically any information
                                               Act of 1982, as amended; and 5 U.S.C.                   16, 2012. (ADAMS Accession No.                         you consider to be Confidential
                                               552 and 553; the NRC is proposing to                    ML12213A170).                                          Business Information (CBI) or other
                                               adopt the following amendments to 10                      Amendment Number 9 Effective Date:                   information whose disclosure is
                                               CFR part 72:                                            March 11, 2014, superseded by                          restricted by statute. Multimedia
                                                                                                       Amendment Number 9, Revision 1 on                      submissions (audio, video, etc.) must be
                                               PART 72—LICENSING                                       March 21, 2016.                                        accompanied by a written comment.
                                               REQUIREMENTS FOR THE                                      Amendment Number 9, Revision 1,                      The written comment is considered the
                                               INDEPENDENT STORAGE OF SPENT                            Effective Date: March 21, 2016.                        official comment and should include
                                               NUCLEAR FUEL, HIGH-LEVEL                                  SAR Submitted by: Holtec                             discussion of all points you wish to
                                               RADIOACTIVE WASTE, AND                                  International.                                         make. The EPA will generally not
                                               REACTOR-RELATED GREATER THAN                              SAR Title: Final Safety Analysis                     consider comments or comment
                                               CLASS C WASTE                                           Report for the HI–STORM 100 Cask                       contents located outside of the primary
                                                                                                       System.                                                submission (i.e. on the web, cloud, or
                                               ■ 1. The authority citation for part 72                   Docket Number: 72–1014.                              other file sharing system). For
                                               continues to read as follows:                             Certificate Expiration Date: May 31,                 additional submission methods, the full
                                                 Authority: Atomic Energy Act of 1954,                 2020.                                                  EPA public comment policy,
                                               secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,           Model Number: HI–STORM 100.                          information about CBI or multimedia
                                               183, 184, 186, 187, 189, 223, 234, 274 (42
                                                                                                       *     *     *    *     *                               submissions, and general guidance on
                                               U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
                                               2099, 2111, 2201, 2210e, 2232, 2233, 2234,                                                                     making effective comments, please visit
                                                                                                         Dated at Rockville, Maryland, this 22nd
                                               2236, 2237, 2238, 2273, 2282, 2021); Energy             day of December, 2015. For the Nuclear                 http://www2.epa.gov/dockets/
                                               Reorganization Act of 1974, secs. 201, 202,             Regulatory Commission.                                 commenting-epa-dockets.
                                               206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);            Glenn M. Tracy,                                        FOR FURTHER INFORMATION CONTACT:
                                               National Environmental Policy Act of 1982,                                                                     Paula Higbee, Environmental Protection
                                               secs. 117(a), 132, 133, 134, 135, 137, 141,             Acting, Executive Director for Operations.
                                                                                                                                                              Agency, Air Planning and Development
                                               145(g), 148, 218(a) (42 U.S.C. 10137(a),                [FR Doc. 2015–33279 Filed 1–5–16; 8:45 am]
                                               10152, 10153, 10154, 10155, 10157, 10161,                                                                      Branch, 11201 Renner Boulevard,
                                                                                                       BILLING CODE 7590–01–P
                                               10165(g), 10168, 10198(a)); 44 U.S.C. 3504                                                                     Lenexa, Kansas 66219 at 913–551–7028
                                               note.                                                                                                          or by email at higbee.paula@epa.gov.
                                                 Section 72.44(g) also issued under                                                                           SUPPLEMENTARY INFORMATION: In the
                                               Nuclear Waste Policy Act secs. 142(b)                   ENVIRONMENTAL PROTECTION
                                                                                                                                                              final rules section of this Federal
                                               and 148(c), (d) (42 U.S.C. 10162(b),                    AGENCY
                                                                                                                                                              Register, EPA is approving the state’s
                                               10168(c), (d)).                                         40 CFR Part 62                                         SIP revision as a direct final rule
                                                 Section 72.46 also issued under                                                                              without prior proposal because the
                                               Atomic Energy Act sec. 189 (42 U.S.C.                   [EPA–R07–OAR–2015–0733; FRL–9941–05–                   Agency views this as a noncontroversial
                                               2239); Nuclear Waste Policy Act sec.                    Region 7]                                              revision amendment and anticipates no
                                               134 (42 U.S.C. 10154).                                                                                         relevant adverse comments to this
                                                 Section 72.96(d) also issued under                    Approval and Promulgation of State
                                                                                                                                                              action. A detailed rationale for the
                                               Nuclear Waste Policy Act sec. 145(g) (42                Plans for Designated Facilities and
                                                                                                                                                              approval is set forth in the direct final
                                               U.S.C. 10165(g)).                                       Pollutants; Nebraska; Sewage Sludge
                                                                                                                                                              rule. If no relevant adverse comments
                                                 Subpart J also issued under Nuclear                   Incinerators
                                                                                                                                                              are received in response to this action,
                                               Waste Policy Act secs. 117(a), 141(h) (42               AGENCY:  Environmental Protection                      no further activity is contemplated in
                                               U.S.C. 10137(a), 10161(h)).                             Agency (EPA).                                          relation to this action. If EPA receives
                                                 Subpart K also issued under sec.                                                                             relevant adverse comments, the direct
                                               218(a) (42 U.S.C. 10198).                               ACTION: Proposed rule.
                                                                                                                                                              final rule will be withdrawn and all
                                               ■ 2. In § 72.214, Certificate of
                                                                                                       SUMMARY:  The Environmental Protection                 public comments received will be
                                               Compliance No. 1014 is revised to read
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                                                                                                       Agency (EPA) proposes to approve the                   addressed in a subsequent final rule
                                               as follows:
                                                                                                       Clean Air Act (CAA) section 111(d)/129                 based on this proposed action. EPA will
                                               § 72.214 List of approved spent fuel                    negative declaration for the state of                  not institute a second comment period
                                               storage casks.                                          Nebraska, for existing sewage sludge                   on this action. Any parties interested in
                                               *     *     *     *     *                               incinerator (SSI) units. This negative                 commenting on this action should do so
                                                 Certificate Number: 1014.                             declaration certifies that existing SSI                at this time. Please note that if EPA
                                                 Initial Certificate Effective Date: May               units subject to sections 111(d) and 129               receives adverse comment on part of
                                               31, 2000.                                               of the CAA do not exist within the                     this rule and if that part can be severed


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                                                                         Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules                                                         415

                                               from the remainder of the rule, EPA may                        practicable’’ (MEP), the standard                            C. What is the Agency’s authority for
                                               adopt as final those parts of the rule that                    established by the Clean Water Act for                          taking this action?
                                               are not the subject of an adverse                              such permits. EPA’s proposal would                        II. Background
                                                                                                              revise the small MS4 regulations to                          A. Statutory and Regulatory Overview
                                               comment. For additional information,
                                                                                                                                                                           B. MS4 Permitting Requirements
                                               see the direct final rule which is located                     ensure that the permitting authority                      III. Judicial Review of the Phase II Rule and
                                               in the rules section of this Federal                           determines the adequacy of BMPs and                             Partial Remand
                                               Register.                                                      other requirements and provides public                       A. Decision in Environmental Defense
                                                                                                              notice and the opportunity to request a                         Center et al. v. EPA
                                               List of Subjects in 40 CFR Part 62
                                                                                                              public hearing on the requirements for                       B. EPA Action Following the Partial
                                                 Environmental protection, Air                                each MS4. The proposal would not                                Remand of the Phase II Rule
                                               pollution control, Administrative                              establish any new substantive                             IV. Scope of This Rulemaking
                                               practice and procedure,                                        requirements for small MS4s.                              V. EPA’s Evaluation and Selection of
                                               Intergovernmental relations, Reporting                                                                                         Rulemaking Options
                                                                                                              DATES: Comments must be received on                          A. Current Permitting Authority Practice
                                               and recordkeeping requirements,
                                                                                                              or before March 21, 2016.                                    B. Description of Process Used To Evaluate
                                               Sewage sludge incinerators.                                                                                                    Options
                                                 Dated: December 23, 2015.                                    ADDRESSES:   Submit your comments,                           C. Considerations in Evaluating Options
                                                                                                              identified by Docket ID No. EPA–HQ–                          1. Permitting Authority Review
                                               Mark Hague,
                                                                                                              OW–2015–0671, to the Federal                                 2. Public Participation Requirements
                                               Regional Administrator, Region 7.
                                                                                                              eRulemaking Portal: http://                                  3. Other Factors Considered
                                               [FR Doc. 2015–33291 Filed 1–5–16; 8:45 am]                     www.regulations.gov. Follow the online                    VI. Analysis of Options for Proposal
                                               BILLING CODE 6560–50–P                                         instructions for submitting comments.                        A. Option 1—The Traditional General
                                                                                                              Once submitted, comments cannot be                              Permit Approach
                                                                                                              edited or withdrawn. EPA may publish                         1. Current Examples of Clear, Specific, and
                                               ENVIRONMENTAL PROTECTION                                       any comment received to its public                              Measurable Permit Requirements
                                               AGENCY                                                                                                                      2. Types of Permit Language Lacking
                                                                                                              docket. Do not submit electronically any                        Sufficient Detail To Qualify as Clear,
                                               40 CFR Part 122                                                information you consider to be                                  Specific, and Measurable
                                                                                                              Confidential Business Information (CBI)                      3. Summary/Description of Proposed Rule
                                               [EPA–HQ–OW–2015–0671; FRL–9939–88–                             or other information whose disclosure is                        Changes
                                               OW]                                                            restricted by statute. Multimedia                            B. Option 2—Procedural Approach
                                               RIN 2040–AF57                                                  submissions (audio, video, etc.) must be                     C. Option 3—State Choice Approach
                                                                                                              accompanied by a written comment.                         VII. Incremental Costs of Proposed Rule
                                               National Pollutant Discharge                                   The written comment is considered the                           Options
                                                                                                                                                                        VIII. Statutory and Executive Orders Reviews
                                               Elimination System (NPDES) Municipal                           official comment and should include
                                                                                                                                                                           A. Executive Order 12866: Regulatory
                                               Separate Storm Sewer System General                            discussion of all points you wish to                            Planning and Review and Executive
                                               Permit Remand                                                  make. EPA will generally not consider                           Order 13563: Improving Regulation and
                                                                                                              comments or comment contents located                            Regulatory Review
                                               AGENCY:  Environmental Protection                              outside of the primary submission (i.e.                      B. Paperwork Reduction Act (PRA)
                                               Agency (EPA).                                                  on the web, cloud, or other file sharing                     C. Regulatory Flexibility Act (RFA)
                                               ACTION: Proposed rule.                                         system). For additional submission                           D. Unfunded Mandates Reform Act
                                                                                                              methods, the full EPA public comment                            (UMRA)
                                               SUMMARY:   The Environmental Protection                                                                                     E. Executive Order 13132: Federalism
                                                                                                              policy, information about CBI or
                                               Agency (EPA) is proposing changes to                                                                                        F. Executive Order 13175: Consultation
                                                                                                              multimedia submissions, and general
                                               the regulations governing small                                                                                                and Coordination With Indian Tribal
                                                                                                              guidance on making effective                                    Governments
                                               municipal separate storm sewer system
                                                                                                              comments, please visit http://                               G. Executive Order 13045: Protection of
                                               (MS4) permits to respond to a remand
                                                                                                              www2.epa.gov/dockets/commenting-                                Children From Environmental Health
                                               from the United States Court of Appeals
                                                                                                              epa-dockets.                                                    Risks and Safety Risks
                                               for the Ninth Circuit in Environmental
                                                                                                                                                                           H. Executive Order 13211: Actions
                                               Defense Center, et al. v. EPA, 344 F.3d                        FOR FURTHER INFORMATION CONTACT:  Greg
                                                                                                                                                                              Concerning Regulations That
                                               832 (9th Cir. 2003). In that decision, the                     Schaner, Office of Wastewater                                   Significantly Affect Energy Supply,
                                               court determined that the regulations for                      Management, Water Permits Division                              Distribution or Use
                                               providing coverage under small MS4                             (M4203), Environmental Protection                            I. National Technology Transfer and
                                               general permits did not provide for                            Agency, 1200 Pennsylvania Ave. NW.,                             Advancement Act
                                               adequate public notice and opportunity                         Washington, DC 20460; telephone                              J. Executive Order 12898: Federal Actions
                                               to request a hearing. Additionally, the                        number: (202) 564–0721; email address:                          To Address Environmental Justice in
                                               court found that EPA failed to require                         schaner.greg@epa.gov                                            Minority Populations and Low-Income
                                                                                                                                                                              Populations
                                               permitting authority review of the best                        SUPPLEMENTARY INFORMATION:
                                               management practices (BMPs) to be                                                                                        I. General Information
                                               used at a particular MS4 to ensure that                        Table of Contents
                                               the small MS4 permittee reduces                                                                                          A. Does this action apply to me?
                                                                                                              I. General Information
                                               pollutants in the discharge from their                            A. Does this action apply to me?                         Entities potentially regulated by this
                                               systems to the ‘‘maximum extent                                   B. What action is the Agency taking?                   proposed action include:
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                                                                                                                                                                                                            North
                                                                                                                                                                                                          American
                                                                                                                                                                                                          Industry
                                                                                 Category                                                             Examples of regulated entities                    Classification
                                                                                                                                                                                                           System
                                                                                                                                                                                                        (NAICS) code

                                               Federal and state government ....................................................    EPA or state NPDES stormwater permitting authorities ...........           924110



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Document Created: 2016-01-06 04:01:54
Document Modified: 2016-01-06 04:01:54
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 February 5, 2016.
ContactPaula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7028 or by email at [email protected]
FR Citation81 FR 414 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sewage Sludge Incinerators

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