81 FR 75708 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; State of New York, State of New Jersey and Commonwealth of Puerto Rico; Other Solid Waste Incineration Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75708-75710 | |
| FR Document | 2016-26171 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Rules and Regulations] [Pages 75708-75710] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26171] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2016-0161; FRL-9954-60-Region 2] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; State of New York, State of New Jersey and Commonwealth of Puerto Rico; Other Solid Waste Incineration Units 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 declarations for the States of New York and New Jersey and the Commonwealth of Puerto Rico, for other solid waste incineration (OSWI) units. Other solid waste incineration (OSWI) unit means either a very small municipal waste [[Page 75709]] combustion unit or an institutional waste incineration unit within our regulations. This negative declaration certifies that OSWI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the States of New York and New Jersey and the Commonwealth of Puerto Rico. The EPA is accepting the negative declaration in accordance with the requirements of the CAA. DATES: This direct final rule will be effective January 3, 2017, without further notice, unless the EPA receives adverse comment by December 1, 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-2016-0161, 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 Commonwealth of Puerto Rico 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 OSWI units. Section 129 mandates that all plan requirements be at least as protective and restrictive as the promulgated emission guidelines. This includes fixed final compliance dates, fixed compliance schedules, and Title V permitting requirements for all affected sources. Section 129 also requires that state plans be submitted to EPA within one year after EPA's promulgation of the emission guidelines and compliance times. States have options other than submitting a state plan in order to fulfill their obligations under CAA sections 111(d) and 129. If a State does not have any existing OSWI units for the relevant emission 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 OSWI units. The emission guidelines and compliance times are codified at 40 CFR 60, subpart FFFF. In order to fulfill obligations under CAA sections 111(d) and 129, the State of New York submitted a negative declaration letter to the EPA on November 13, 2006, the State of New Jersey submitted a negative declaration letter to the EPA on April 5, 2006 and the Commonwealth of Puerto Rico submitted a negative declaration letter to the EPA on September 25, 2006. The submittal of these declarations exempts the State of New York, State of New Jersey and Commonwealth of Puerto Rico from the requirement to submit a state plan for existing OSWI units. II. Analysis of State Submittal In this Direct Final action, the EPA is amending part 62 to reflect receipt of the negative declaration letters from the State of New York, State of New Jersey and Commonwealth of Puerto Rico, certifying that there are no existing OSWI units subject to 40 CFR part 60, subpart FFFF, in accordance with section 111(d) of the CAA. 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 section 111(d)/129 plan submission that complies with the provisions of the Act and applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing section 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. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely [[Page 75710]] affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) note, because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition this action does not have tribal implications as specified by Executive Order 13175 because the section 111(d)/129 plan is not approved to apply in Indian country located in the state, and EPA notes will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this section. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. 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. 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 January 3, 2017. 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: October 3, 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. Subpart FF--New Jersey 0 2. Subpart FF is amended by adding an undesignated center heading and Sec. 62.7606 to read as follows: Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 Sec. 62.7606 Identification of plan-negative declaration. Letter from New Jersey Department of Environmental Protection submitted April 5, 2006 to Alan J. Steinberg Regional Administrator EPA Region 2 certifying there are no existing OSWI units in the State of New Jersey subject to 40 CFR part 60, subpart FFFF. Subpart HH--New York 0 3. Subpart HH is amended by adding an undesignated center heading and Sec. 62.8109 to read as follows: Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 Sec. 62.8109 Identification of plan-negative declaration. Letter from New York State Department of Environmental Conservation submitted November 13, 2006 to Alan J. Steinberg Regional Administrator EPA Region 2 certifying that there are no existing OSWI units in the State of New York subject to 40 CFR part 60, subpart FFFF. Subpart BBB--Puerto Rico 0 4. Subpart BBB is amended by adding an undesignated center heading and Sec. 62.13110 to read as follows: Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 Sec. 62.13110 Identifcation of plan-negative declaration. Letter from Commonwealth of Puerto Rico, Office of Environmental Quality Board, September 25, 2006 to Alan Steinberg Regional Administrator EPA Region 2 certifying that there are no existing OSWI units in the Commonwealth of Puerto Rico subject to 40 CFR part 60, subpart FFFF. [FR Doc. 2016-26171 Filed 10-31-16; 8:45 am] BILLING CODE 6560-50-P
![75708 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
reasons supporting the request, with and which will not be displayed in the 2016, and desires to remain in
explanation of the specific threat(s) to Office’s public directory and need not compliance with section 512(c)(2) of
an individual’s personal safety or be displayed by the service provider on title 17, United States Code, must
security; and an email address and/or its Web site: submit a new designation electronically
physical mail address for any (i) The first name, last name, position using the online registration system by
responsive correspondence from the or title, organization, physical mail December 31, 2017. Any designation not
Office. There is no fee associated with address (street address or post office made through the online registration
making this request. If the request is box), telephone number, and email system will expire and become invalid
approved, the service provider may address of two representatives of the after December 31, 2017.
display the post office box address on service provider who will serve as (3) During the period beginning with
its Web site and will receive primary and secondary points of contact the effective date of this section,
instructions from the Office as to how for communications with the Office. December 1, 2016, through December
to complete the Office’s electronic (ii) A telephone number and email 31, 2017 (the ‘‘transition period’’), the
registration process. address for the service provider for Copyright Office will maintain two
(2) All alternate names that the public communications with the Office. directories of designated agents: the
would be likely to use to search for the (2) Attestation. For each designation directory consisting of paper
service provider’s designated agent in and any subsequent amendment or designations made pursuant to the prior
the Copyright Office’s online directory resubmission of such designation, the interim regulations (the ‘‘old
of designated agents, including all person designating the agent, or directory’’), and the directory consisting
names under which the service provider amending or resubmitting such of designations made electronically
is doing business, Web site names and designation, must attest that: through the online registration system
addresses (i.e., URLs), software (i) The information provided to the (the ‘‘new directory’’). During the
application names, and other commonly Office is true, accurate, and complete to transition period, a compliant
used names. Separate legal entities are the best of his or her knowledge; and designation in either the old directory or
not considered alternate names. (ii) He or she has been given authority the new directory will satisfy the service
(3) The name of the agent designated to make the designation, amendment, or provider’s obligation under section
to receive notifications of claimed resubmission on behalf of the service 512(c)(2) of title 17, United States Code
infringement and, if applicable, the provider. to designate an agent with the Copyright
name of the agent’s organization. The (3) Amendment. All service providers Office.
designated agent may be an individual must ensure the currency and accuracy
Dated: October 26, 2016.
(e.g., ‘‘Jane Doe’’), a specific position or of the information contained in
title held by an individual (e.g., designations submitted to the Office by Karyn Temple Claggett,
‘‘Copyright Manager’’), a specific timely updating information when it has Acting Register of Copyrights and Director
department within the service changed. A service provider may amend of the U.S. Copyright Office.
provider’s organization or within a a designation previously registered with Approved by:
third-party entity (e.g., ‘‘Copyright the Office at any time to correct or Carla D. Hayden,
Compliance Department’’), or a third- update information. Librarian of Congress.
party entity generally (e.g., ‘‘ACME (4) Periodic renewal. A service
[FR Doc. 2016–26257 Filed 10–31–16; 8:45 am]
Takedown Service’’). Only a single provider’s designation will expire and
BILLING CODE 1410–30–P
agent may be designated for each service become invalid three years after it is
provider. registered with the Office, unless the
(4) The physical mail address (street service provider renews such
address or post office box), telephone designation by either amending it to ENVIRONMENTAL PROTECTION
number, and email address of the agent correct or update information or AGENCY
designated to receive notifications of resubmitting it without amendment. 40 CFR Part 62
claimed infringement. Either amending or resubmitting a
(c) Electronic registration with the designation, as appropriate, begins a [EPA–R02–OAR–2016–0161; FRL–9954–60–
Copyright Office. Service providers new three-year period before such Region 2]
designating an agent with the Copyright designation must be renewed.
Office must do so electronically by (d) Fees. The Copyright Office’s Approval and Promulgation of State
establishing an account with and then general fee schedule, located at section Plans for Designated Facilities and
utilizing the applicable online 201.3 of title 37 of the Code of Federal Pollutants; State of New York, State of
registration system made available Regulations, sets forth the applicable fee New Jersey and Commonwealth of
through the Copyright Office’s Web site. for a service provider to designate an Puerto Rico; Other Solid Waste
Designations, amendments, and agent with the Copyright Office to Incineration Units
resubmissions submitted to the Office in receive notifications of claimed AGENCY: Environmental Protection
paper or any other form will not be infringement and to amend or resubmit Agency (EPA).
accepted. All electronic registrations such a designation. ACTION: Direct final rule.
must adhere to the following (e) Transitional provisions. (1) As of
requirements: December 1, 2016, any designation of an SUMMARY: The Environmental Protection
(1) Registration information. All agent pursuant to 17 U.S.C. 512(c)(2) Agency (EPA) is taking direct final
required fields in the online registration must be made electronically through the action to approve the Clean Air Act
jstallworth on DSK7TPTVN1PROD with RULES
system must be completed in order for Copyright Office’s online registration (CAA) section 111(d)/129 negative
the designation to be registered with the system. declarations for the States of New York
Copyright Office. In addition to the (2) A service provider that has and New Jersey and the Commonwealth
information required by paragraph (b) of designated an agent with the Office of Puerto Rico, for other solid waste
this section, the person designating the under the previous version of this incineration (OSWI) units. Other solid
agent with the Office must provide the section, which was effective between waste incineration (OSWI) unit means
following for administrative purposes, November 3, 1998 and November 30, either a very small municipal waste
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affect small governments, as described petition for judicial review may be filed, Subpart BBB—Puerto Rico
in the Unfunded Mandates Reform Act and shall not postpone the effectiveness
of 1995 (Pub. L. 104–4); of such rule or action. This action may ■ 4. Subpart BBB is amended by adding
• Does not have Federalism not be challenged later in proceedings to an undesignated center heading and
implications as specified in Executive enforce its requirements (See section § 62.13110 to read as follows:
Order 13132 (64 FR 43255, August 10, 307(b)(2)). Air Emissions From Other Solid Waste
1999);
• Is not an economically significant List of Subjects in 40 CFR Part 62 Incineration (OSWI) Units Constructed
regulatory action based on health or on or Before December 16, 2005
Environmental protection, Air
safety risks subject to Executive Order pollution control, Administrative § 62.13110 Identifcation of plan-negative
13045 (62 FR 19885, April 23, 1997); practice and procedure, declaration.
• Is not a significant regulatory action Intergovernmental relations, Reporting Letter from Commonwealth of Puerto
subject to Executive Order 13211 (66 FR and recordkeeping requirements, Rico, Office of Environmental Quality
28355, May 22, 2001); Sewage sludge incinerators. Board, September 25, 2006 to Alan
• Is not subject to requirements of
Dated: October 3, 2016. Steinberg Regional Administrator EPA
section 12(d) of the National
Judith A. Enck, Region 2 certifying that there are no
Technology Transfer and Advancement
Regional Administrator, Region 2. existing OSWI units in the
Act of 1995 (15 U.S.C. 272) note,
Commonwealth of Puerto Rico subject
because application of those For the reasons stated in the to 40 CFR part 60, subpart FFFF.
requirements would be inconsistent preamble, EPA amends 40 CFR part 62
with the Clean Air Act; and [FR Doc. 2016–26171 Filed 10–31–16; 8:45 am]
as set forth below:
• Does not provide EPA with the BILLING CODE 6560–50–P
discretionary authority to address, as PART 62—APPROVAL AND
appropriate, disproportionate human PROMULGATION OF STATE PLANS
health or environmental effects, using FOR DESIGNATED FACILITIES AND FEDERAL COMMUNICATIONS
practicable and legally permissible POLLUTANTS COMMISSION
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 62 47 CFR Parts 10 and 11
In addition this action does not have continues to read as follows: [PS Docket No. 15–91; PS Docket No. 15–
tribal implications as specified by Authority: 42 U.S.C. 7401 et seq. 94; FCC 16–127]
Executive Order 13175 because the
section 111(d)/129 plan is not approved Subpart FF—New Jersey Wireless Emergency Alerts;
to apply in Indian country located in the Amendments to Rules Regarding the
state, and EPA notes will not impose ■ 2. Subpart FF is amended by adding Emergency Alert System
substantial direct costs on tribal an undesignated center heading and
governments or preempt tribal law. § 62.7606 to read as follows: AGENCY: Federal Communications
Thus, Executive Order 13175 does not Commission.
Air Emissions From Other Solid Waste
apply to this section. ACTION: Final rule.
Incineration (OSWI) Units Constructed
The Congressional Review Act, 5 on or Before December 16, 2005
U.S.C. 801 et seq., as added by the Small SUMMARY: In this document, the Federal
Business Regulatory Enforcement § 62.7606 Identification of plan-negative Communications Commission
Fairness Act of 1996, generally provides declaration. (Commission) adopts revisions to
that before a rule may take effect, the Letter from New Jersey Department of Wireless Emergency Alert (WEA) rules
agency promulgating the rule must Environmental Protection submitted to take advantage of the significant
submit a rule report, which includes a April 5, 2006 to Alan J. Steinberg technological changes and
copy of the rule, to each House of the Regional Administrator EPA Region 2 improvements experienced by the
Congress and to the Comptroller General certifying there are no existing OSWI mobile wireless industry since the
of the United States. The EPA will units in the State of New Jersey subject passage of the Warning, Alert and
submit a report containing this action to 40 CFR part 60, subpart FFFF. Response Network (WARN) Act, and
and other required information to the deployment of Wireless Emergency
U.S. Senate, the U.S. House of Subpart HH—New York Alerts (WEA) to improve utility of WEA
Representatives, and the Comptroller as a life-saving tool. By this action, the
General of the United States prior to ■ 3. Subpart HH is amended by adding Commission adopts rules that will
publication of the rule in the Federal an undesignated center heading and improve Alert Message content in order
Register. A major rule cannot take effect § 62.8109 to read as follows: to help communities communicate
until 60 days after it is published in the clearly and effectively about imminent
Air Emissions From Other Solid Waste
Federal Register. This action is not a threats and local crises. It also adopts
Incineration (OSWI) Units Constructed
‘‘major rule’’ as defined by 5 U.S.C. rules to meet alert originators’ needs for
on or Before December 16, 2005
804(2). the delivery of the Alert Messages they
Under section 307(b)(1) of the Clean § 62.8109 Identification of plan-negative transmit and creates a framework that
Air Act, petitions for judicial review of declaration. will allow emergency managers to test,
this action must be filed in the United Letter from New York State exercise, and raise public awareness
jstallworth on DSK7TPTVN1PROD with RULES
States Court of Appeals for the Department of Environmental about WEA. Through this action, the
appropriate circuit by January 3, 2017. Conservation submitted November 13, Commission hopes to empower state
Filing a petition for reconsideration 2006 to Alan J. Steinberg Regional and local alert originators to participate
by the Administrator of this final rule Administrator EPA Region 2 certifying more fully in WEA, and to enhance the
does not affect the finality of this action that there are no existing OSWI units in utility of WEA as an alerting tool.
for the purposes of judicial review nor the State of New York subject to 40 CFR DATES: Amendments and revisions to
does it extend the time within which a part 60, subpart FFFF. §§ 10.280, 10.400, 10.410, 10.430,
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Document Created: 2016-11-01 02:36:47
Document Modified: 2016-11-01 02:36:47
| 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 January 3, 2017, without further notice, unless the EPA receives adverse comment by December 1, 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 75708 | |
| 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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