81 FR 58405 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Virgin Islands; Sewage Sludge Incinerators
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 165 (August 25, 2016)
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58405-58407 | |
| FR Document | 2016-20307 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Rules and Regulations] [Pages 58405-58407] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20307] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2016-0088; FRL-9951-24-Region 2] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Virgin Islands; 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 Government of the United States Virgin Islands, 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 United States Virgin Islands. The EPA is accepting the negative declaration in accordance with the requirements of the CAA. DATES: This direct final rule will be effective October 24, 2016, without further notice, unless the EPA receives adverse comment by September 26, 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-R02- OAR-016-0088), 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: Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3764 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to the 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 Clean Air Act (CAA) requires that state \1\ regulatory agencies implement the emission guidelines and compliance times using a state plan developed under sections 111(d) and 129 of the CAA. --------------------------------------------------------------------------- \1\ Section 302(d) of the CAA includes the Virgin Islands in the definition of the term ``State.'' --------------------------------------------------------------------------- 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 [[Page 58406]] the EPA within one year after the 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, the Government of the United States Virgin Islands (USVI) Department of Planning and Natural Resources (DPNR) submitted a negative declaration letter to the EPA on December 1, 2015. As the USVI-DPNR has certified by letter that no SSI units exist, the submittal of this declaration exempts the Territory from the requirement to submit a state plan for existing SSI units. II. Analysis of State Submittal In this Direct Final action, the EPA is amending part 62 to reflect receipt of the negative declaration letter from the USVI-DPNR, 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 USVI-DPNR'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 section 111(d)/129 plan from the jurisdiction with the overlooked facility. The 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 the 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 the CAA, the Administrator is required to approve a 111(d)/ 129 plan submission that complies with the provisions of the Act and applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 111(d)/129 plan submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. Sec. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. Sec. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. Sec. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). This action does not have tribal implications as specified by Executive Order 13175. The section 111(d)/129 plan is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Thus, Executive Order 13175 does not apply to this section. The Congressional Review Act, 5 U.S.C. Sec. 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. The 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. Sec. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 24, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements, Sewage sludge incinerators. Dated: August 8, 2016. Judith A. Enck, Regional Administrator, Region 2. For the reasons stated in the preamble, EPA amends 40 CFR part 62 as set forth below: PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 58407]] Subpart CCC--Virgin Islands 0 2. Add an undesignated center heading and Sec. 62.13357 to subpart CCC to read as follows: Air Emissions From Existing Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Sec. 62.13357 Identification of plan--negative declaration. Letter from the Virgin Islands Department of Planning and Natural Resources, submitted December 1, 2015 to EPA Regional Administrator Judith A. Enck, certifying that there are no existing Sewage Sludge Incinerator units in the Territory of the United States Virgin Islands subject to 40 CFR part 60, subpart MMMM. [FR Doc. 2016-20307 Filed 8-24-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58405
Indian tribe has demonstrated that a PART 52—APPROVAL AND edited or removed from Regulations.gov.
tribe has jurisdiction. In those areas of PROMULGATION OF The EPA may publish any comment
Indian country, the rule does not have IMPLEMENTATION PLANS received to its public docket. Do not
tribal implications and will not impose submit electronically any information
substantial direct costs on tribal ■ 1. The authority citation for part 52 you consider to be Confidential
governments or preempt tribal law as continues to read as follows: Business Information (CBI) or other
specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq. information whose disclosure is
FR 67249, November 9, 2000). restricted by statute. Multimedia
■ 2. Section 52.776 is amended by
The Congressional Review Act, 5 submissions (audio, video, etc.) must be
adding paragraph (y) to read as follows:
U.S.C. 801 et seq., as added by the Small accompanied by a written comment.
Business Regulatory Enforcement § 52.776 Control strategy: Particulate The written comment is considered the
Fairness Act of 1996, generally provides matter. official comment and should include
that before a rule may take effect, the * * * * * discussion of all points you wish to
agency promulgating the rule must (y) Approval-By submittal dated July make. The EPA will generally not
submit a rule report, which includes a 3, 2008, Indiana demonstrated consider comments or comment
copy of the rule, to each House of the satisfaction of the requirements for contents located outside of the primary
Congress and to the Comptroller General reasonably available control measures submission (i.e., on the Web, cloud, or
of the United States. EPA will submit a for its portion of the Cincinnati- other file sharing system).
report containing this action and other Hamilton OH-KY-IN area. For additional submission methods,
required information to the U.S. Senate, the full EPA public comment policy,
[FR Doc. 2016–20312 Filed 8–24–16; 8:45 am]
the U.S. House of Representatives, and information about CBI or multimedia
BILLING CODE 6560–50–P
the Comptroller General of the United submissions, and general guidance on
States prior to publication of the rule in making effective comments, please visit
the Federal Register. A major rule http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION
cannot take effect until 60 days after it commenting-epa-dockets.
AGENCY
is published in the Federal Register. FOR FURTHER INFORMATION CONTACT:
This action is not a ‘‘major rule’’ as 40 CFR Part 62 Edward J. Linky, Environmental
defined by 5 U.S.C. 804(2). Protection Agency, Air Programs
[EPA–R02–OAR–2016–0088; FRL–9951–24– Branch, 290 Broadway, New York, New
Under section 307(b)(1) of the CAA, Region 2]
petitions for judicial review of this York 10007–1866 at 212–637–3764 or
action must be filed in the United States by email at Linky.Edward@epa.gov.
Approval and Promulgation of State
Court of Appeals for the appropriate SUPPLEMENTARY INFORMATION:
Plans for Designated Facilities and
circuit by October 24, 2016. Filing a Pollutants; Virgin Islands; Sewage Throughout this document ‘‘we,’’ ‘‘us,’’
petition for reconsideration by the Sludge Incinerators or ‘‘our’’ refer to the EPA. This section
Administrator of this final rule does not provides additional information by
affect the finality of this action for the AGENCY: Environmental Protection addressing the following:
purposes of judicial review nor does it Agency (EPA). I. Background
extend the time within which a petition ACTION: Direct final rule. II. Analysis of State Submittal
for judicial review may be filed, and III. Statutory and Executive Order Reviews
shall not postpone the effectiveness of SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final I. Background
such rule or action. Parties with
action to approve the Clean Air Act The Clean Air Act (CAA) requires that
objections to this direct final rule are
(CAA) section 111(d)/129 negative state 1 regulatory agencies implement
encouraged to file a comment in
declaration for the Government of the the emission guidelines and compliance
response to the parallel notice of
United States Virgin Islands, for existing times using a state plan developed
proposed rulemaking for this action
sewage sludge incinerator (SSI) units. under sections 111(d) and 129 of the
published in the proposed rules section
This negative declaration certifies that CAA.
of today’s Federal Register, rather than The general provisions for the
file an immediate petition for judicial existing SSI units subject to sections
111(d) and 129 of the CAA do not exist submittal and approval of state plans are
review of this direct final rule, so that codified in 40 CFR part 60, subpart B
EPA can withdraw this direct final rule within the jurisdiction of United States
Virgin Islands. The EPA is accepting the and 40 CFR part 62, subpart A. Section
and address the comment in the 111(d) establishes general requirements
proposed rulemaking. This action may negative declaration in accordance with
the requirements of the CAA. and procedures on state plan submittals
not be challenged later in proceedings to for the control of designated pollutants.
enforce its requirements. (See section DATES: This direct final rule will be
Section 129 requires emission
307(b)(2).) effective October 24, 2016, without guidelines to be promulgated for all
further notice, unless the EPA receives categories of solid waste incineration
List of Subjects in 40 CFR Part 52 adverse comment by September 26, units, including SSI units. Section 129
Environmental protection, Air 2016. If EPA receives adverse comment, mandates that all plan requirements be
pollution control, Incorporation by we will publish a timely withdrawal of at least as protective and restrictive as
reference, Intergovernmental relations, the direct final rule in the Federal the promulgated emission guidelines.
Nitrogen dioxide, Particulate matter, Register informing the public that the This includes fixed final compliance
Reporting and recordkeeping rule will not take effect. dates, fixed compliance schedules, and
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requirements, Sulfur oxides. ADDRESSES: Submit your comments, Title V permitting requirements for all
Dated: August 9, 2016. identified by Docket ID No. EPA–R02– affected sources. Section 129 also
Robert A. Kaplan, OAR–016–0088), to http:// requires that state plans be submitted to
Acting Regional Administrator, Region 5.
www.regulations.gov. Follow the online
instructions for submitting comments. 1 Section 302(d) of the CAA includes the Virgin
40 CFR part 52 is amended as follows: Once submitted, comments cannot be Islands in the definition of the term ‘‘State.’’
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![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58407
Subpart CCC—Virgin Islands DATES: This regulation is effective idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
August 25, 2016. Objections and 40tab_02.tpl.
■ 2. Add an undesignated center requests for hearings must be received
heading and § 62.13357 to subpart CCC C. How can I file an objection or hearing
on or before October 24, 2016, and must
to read as follows: request?
be filed in accordance with the
instructions provided in 40 CFR part Under FFDCA section 408(g), 21
Air Emissions From Existing Sewage U.S.C. 346a, any person may file an
Sludge Incineration Units Constructed 178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION). objection to any aspect of this regulation
on or Before October 14, 2010 and may also request a hearing on those
ADDRESSES: The docket for this action,
§ 62.13357 Identification of plan—negative identified by docket identification (ID) objections. You must file your objection
declaration. number EPA–HQ–OPP–2015–0811, is or request a hearing on this regulation
Letter from the Virgin Islands available at http://www.regulations.gov in accordance with the instructions
Department of Planning and Natural or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure
Resources, submitted December 1, 2015 Regulatory Public Docket (OPP Docket) proper receipt by EPA, you must
to EPA Regional Administrator Judith A. in the Environmental Protection Agency identify docket ID number EPA–HQ–
Enck, certifying that there are no Docket Center (EPA/DC), West William OPP–2015–0811 in the subject line on
existing Sewage Sludge Incinerator Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All
units in the Territory of the United Constitution Ave. NW., Washington, DC objections and requests for a hearing
States Virgin Islands subject to 40 CFR 20460–0001. The Public Reading Room must be in writing, and must be
part 60, subpart MMMM. is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or
Monday through Friday, excluding legal before October 24, 2016. Addresses for
[FR Doc. 2016–20307 Filed 8–24–16; 8:45 am]
holidays. The telephone number for the mail and hand delivery of objections
BILLING CODE 6560–50–P
Public Reading Room is (202) 566–1744, and hearing requests are provided in 40
and the telephone number for the OPP CFR 178.25(b).
In addition to filing an objection or
ENVIRONMENTAL PROTECTION Docket is (703) 305–5805. Please review
hearing request with the Hearing Clerk
AGENCY the visitor instructions and additional
as described in 40 CFR part 178, please
information about the docket available
40 CFR Part 180 submit a copy of the filing (excluding
at http://www.epa.gov/dockets.
any Confidential Business Information
FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket.
[EPA–HQ–OPP–2015–0811; FRL–9949–03]
Robert McNally, Biopesticides and Information not marked confidential
Natamycin; Exemption From the Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be
Requirement of a Tolerance Office of Pesticide Programs, disclosed publicly by EPA without prior
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
AGENCY: Environmental Protection Pennsylvania Ave. NW., Washington, objection or hearing request, identified
Agency (EPA). DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
ACTION: Final rule. number: (703) 305–7090; email address: 2015–0811 by one of the following
BPPDFRNotices@epa.gov. methods:
SUMMARY: This regulation establishes an • Federal eRulemaking Portal: http://
SUPPLEMENTARY INFORMATION:
exemption from the requirement of a www.regulations.gov. Follow the online
tolerance for residues of the biochemical I. General Information instructions for submitting comments.
pesticide natamycin [6,11,28- Do not submit electronically any
A. Does this action apply to me?
Trioxatricyclo [22.3.1.05′7 ]octacosa- information you consider to be CBI or
8,14,16,18,20-pentaene-25-carboxylic You may be potentially affected by
other information whose disclosure is
acid, 22-[(3-amino-3,6-dideoxy-p- this action if you are an agricultural
restricted by statute.
Dmannopyranosyl)oxy]-1,3,26- producer, food manufacturer, or • Mail: OPP Docket, Environmental
trihydroxy-12-methyl-10-oxo-, pesticide manufacturer. The following Protection Agency Docket Center (EPA/
(1R,3S,5R,7R,8E,12R,14E,16E,18E,20E, list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
22R,24S,25R,26S)-] in or on citrus, Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
pome, stone fruit crop groups, avocado, not intended to be exhaustive, but rather • Hand Delivery: To make special
kiwi, mango and pomegranates when provides a guide to help readers arrangements for hand delivery or
used in accordance with label directions determine whether this document delivery of boxed information, please
and good agricultural practices. DSM applies to them. Potentially affected follow the instructions at http://
Food Specialties, B.V., P.O. Box 1, 2600 entities may include: www.epa.gov/dockets/contacts.html.
MA Delft, The Netherlands (c/o Keller • Crop production (NAICS code 111). Additional instructions on
and Heckman, LLP, 1001 G St. NW., • Animal production (NAICS code commenting or visiting the docket,
Washington, DC 20001) submitted a 112). along with more information about
petition to EPA under the Federal Food, • Food manufacturing (NAICS code dockets generally, is available at http://
Drug, and Cosmetic Act (FFDCA), 311). www.epa.gov/dockets.
requesting an exemption from the • Pesticide manufacturing (NAICS
requirement of a tolerance. This code 32532). II. Background and Statutory Findings
regulation eliminates the need to In the Federal Register of April 25,
establish a maximum permissible level B. How can I get electronic access to 2016 (81 FR 24044) (FRL–9944–86),
Lhorne on DSK30JT082PROD with RULES
for residues of natamycin in or on other related information? EPA issued a document pursuant to
citrus, pome, stone fruit crop groups, You may access a frequently updated FFDCA section 408(d)(3), 21 U.S.C.
avocado, kiwi, mango and pomegranate electronic version of 40 CFR part 180 346a(d)(3), announcing the filing of a
when used in accordance with label through the Government Printing pesticide tolerance petition (PP 5F8407)
directions and good agricultural Office’s e-CFR site at http:// by Keller and Heckman, LLP, 1001 G St.
practices. www.ecfr.gov/cgi-bin/text- NW., Washington, DC 2001 on behalf of
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Document Created: 2016-08-25 00:34:37
Document Modified: 2016-08-25 00:34:37
| 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 October 24, 2016, without further notice, unless the EPA receives adverse comment by September 26, 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 | Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3764 or by email at [email protected] | |
| FR Citation | 81 FR 58405 | |
| 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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