81 FR 75780 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New York, New Jersey and Commonwealth of Puerto Rico; Other Solid Wsate Incineration Units (OSWIs)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75780-75781 | |
| FR Document | 2016-26172 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Proposed Rules] [Pages 75780-75781] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26172] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2016-0161; FRL-9954-59-Region 2] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New York, New Jersey and Commonwealth of Puerto Rico; Other Solid Wsate Incineration Units (OSWIs) AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) proposes to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the States of New York and New Jersey and the Commonwealth of Puerto Rico,for other solid waste incineration units(OSWIs) units. Other solid waste incineration (OSWI) unit means either a very small municipal waste combustion unit or an institutional waste incineration unit within our regulations. This negative declaration certifies that existing OSWI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the Sates of New York and New Jersey or the Commonwealth of Puerto Rico. The EPA is accepting the negative declaration in accordance with the requirements of the CAA. DATES: Comments must be received on or before December 1, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2016--to http:// [[Page 75781]] 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 1007-1866 at 212-637-3764 or by email at [email protected]. SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register, the EPA is approving the State of New York's negative declaration submitted November 13, 2006, the State of New Jersey's negative declaration submitted April 5, 2006 and the Commonwealth of Puerto Rico's negative declaration submitted September 25, 2006 as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If the EPA receives 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. The 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. 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: October 3, 2016. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2016-26172 Filed 10-31-16; 8:45 am] BILLING CODE 6560-50-P
![75780 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules
4. The demonstration that the SIP the private sector, will result from this J. Executive Order 12898: Federal
provides for transportation control action. Actions To Address Environmental
strategies and measures sufficient to Justice in Minority Populations and
offset any growth in emissions from E. Executive Order 13132: Federalism Low-Income Population
growth in VMT or the number of vehicle This action does not have federalism The EPA lacks the discretionary
trips, and to provide for RFP and implications. It will not have substantial authority to address environmental
attainment, as meeting the requirements direct effects on the states, on the justice in this rulemaking.
of CAA section 182(d)(1)(A) and 40 CFR
relationship between the national List of Subjects in 40 CFR Part 52
51.1105(a)(1) and 51.1100(o)(10).
government and the states, or on the
We are also approving the revised Environmental protection, Air
MVEBs for RFP for 2017 and for the distribution of power and
responsibilities among the various pollution control, Incorporation by
attainment year of 2018, because they reference, Intergovernmental
are derived from approvable RFP and levels of government.
regulations, Nitrogen dioxide, Ozone,
attainment demonstrations and meet the F. Executive Order 13175: Coordination Reporting and recordkeeping
requirements of CAA sections 176(c) With Indian Tribal Governments requirements, Volatile organic
and 40 CFR part 93, subpart A. compounds.
This action does not have tribal
B. Request for Public Comments Authority: 42 U.S.C. 7401 et seq.
implications, as specified in Executive
The EPA is soliciting public Order 13175, because the SIP is not Dated: October 19, 2016.
comments on the issues discussed in approved to apply on any Indian Alexis Strauss,
this document or on other relevant reservation land or in any other area Acting Regional Administrator, EPA Region
matters. We will accept comments from where the EPA or an Indian tribe has IX.
the public on this proposal for the next demonstrated that a tribe has [FR Doc. 2016–26376 Filed 10–31–16; 8:45 am]
30 days. We will consider these jurisdiction, and will not impose BILLING CODE 6560–50–P
comments before taking final action. substantial direct costs on tribal
VI. Statutory and Executive Order governments or preempt tribal law.
Reviews Thus, Executive Order 13175 does not ENVIRONMENTAL PROTECTION
apply to this action. AGENCY
Additional information about these
statutes and Executive Orders can be G. Executive Order 13045: Protection of 40 CFR Part 62
found at http://www2.epa.gov/laws- Children From Environmental Health
regulations/laws-and-executive-orders. [EPA–R02–OAR–2016–0161; FRL–9954–59-
Risks and Safety Risks Region 2]
A. Executive Order 12866: Regulatory
Planning and Review and Executive The EPA interprets Executive Order
Approval and Promulgation of State
Order 13563: Improving Regulation and 13045 as applying only to those Plans for Designated Facilities and
Regulatory Review regulatory actions that concern Pollutants; New York, New Jersey and
environmental health or safety risks that Commonwealth of Puerto Rico; Other
This action is not a significant the EPA has reason to believe may
regulatory action and was therefore not Solid Wsate Incineration Units (OSWIs)
disproportionately affect children, per
submitted to the Office of Management the definition of ‘‘covered regulatory AGENCY: Environmental Protection
and Budget (OMB) for review. action’’ in section 2–202 of the Agency (EPA).
B. Paperwork Reduction Act (PRA) Executive Order. This action is not ACTION: Proposed rule.
This action does not impose an subject to Executive Order 13045
because it does not impose additional SUMMARY: The Environmental Protection
information collection burden under the Agency (EPA) proposes to approve the
PRA because this action does not requirements beyond those imposed by
state law. Clean Air Act (CAA) section 111(d)/129
impose additional requirements beyond negative declaration for the States of
those imposed by state law. H. Executive Order 13211: Actions That New York and New Jersey and the
C. Regulatory Flexibility Act (RFA) Significantly Affect Energy Supply, Commonwealth of Puerto Rico,for other
Distribution, or Use solid waste incineration units(OSWIs)
I certify that this action will not have
units. Other solid waste incineration
a significant economic impact on a This action is not subject to Executive (OSWI) unit means either a very small
substantial number of small entities Order 13211, because it is not a municipal waste combustion unit or an
under the RFA. This action will not significant regulatory action under institutional waste incineration unit
impose any requirements on small Executive Order 12866. within our regulations. This negative
entities beyond those imposed by state
I. National Technology Transfer and declaration certifies that existing OSWI
law.
Advancement Act (NTTAA) units subject to sections 111(d) and 129
D. Unfunded Mandates Reform Act of the CAA do not exist within the
(UMRA) Section 12(d) of the NTTAA directs jurisdiction of the Sates of New York
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
This action does not contain any the EPA to use voluntary consensus and New Jersey or the Commonwealth
unfunded mandate as described in standards in its regulatory activities of Puerto Rico. The EPA is accepting the
UMRA, 2 U.S.C. 1531–1538, and does unless to do so would be inconsistent negative declaration in accordance with
not significantly or uniquely affect small with applicable law or otherwise the requirements of the CAA.
governments. This action does not impractical. The EPA believes that this DATES: Comments must be received on
impose additional requirements beyond action is not subject to the requirements or before December 1, 2016.
those imposed by state law. of section 12(d) of the NTTAA because ADDRESSES: Submit your comments,
Accordingly, no additional costs to application of those requirements would identified by Docket ID No. EPA–R02–
State, local, or tribal governments, or to be inconsistent with the CAA. OAR–2016—to http://
VerDate Sep<11>2014 18:29 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\01NOP1.SGM 01NOP1](https://thefederalregister.org/doc/81_FR_75991/page/1.svg)
![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules 75781
www.regulations.gov. Follow the online List of Subjects in 40 CFR Part 62 DATES: Comments must be received on
instructions for submitting comments. Environmental protection, Air or before January 3, 2017.
Once submitted, comments cannot be pollution control, Administrative ADDRESSES: Submit your comments,
edited or removed from Regulations.gov. practice and procedure, identified by Docket ID No. EPA–HQ–
The EPA may publish any comment Intergovernmental relations, Reporting OLEM–2016–0248, at http://
received to its public docket. Do not and recordkeeping requirements, www.regulations.gov. Follow the online
submit electronically any information Sewage sludge incinerators. instructions for submitting comments.
you consider to be Confidential Once submitted, comments cannot be
Dated: October 3, 2016.
Business Information (CBI) or other edited or removed from Regulations.gov.
Judith A. Enck, The EPA may publish any comment
information whose disclosure is
restricted by statute. Regional Administrator, Region 2. received to its public docket. Do not
[FR Doc. 2016–26172 Filed 10–31–16; 8:45 am] submit electronically any information
Multimedia submissions (audio,
BILLING CODE 6560–50–P you consider to be Confidential
video, etc.) must be accompanied by a
Business Information (CBI) or other
written comment. The written comment
information whose disclosure is
is considered the official comment and ENVIRONMENTAL PROTECTION restricted by statute. Multimedia
should include discussion of all points AGENCY submissions (audio, video, etc.) must be
you wish to make. The EPA will
accompanied by a written comment.
generally not consider comments or 40 CFR Part 241 The written comment is considered the
comment contents located outside of the
[EPA–HQ–OLEM–2016–0248; FRL–9953– official comment and should include
primary submission (i.e. on the web,
38–OLEM] discussion of all points you wish to
cloud, or other file sharing system). For
make. The EPA will generally not
additional submission methods, the full RIN 2050–AG83 consider comments or comment
EPA public comment policy,
contents located outside of the primary
information about CBI or multimedia Additions to List of Section 241.4 submission (i.e., on the Web, cloud, or
submissions, and general guidance on Categorical Non-Waste Fuels: Other other file sharing system). For
making effective comments, please visit Treated Railroad Ties additional submission methods, the full
http://www2.epa.gov/dockets/
AGENCY: Environmental Protection EPA public comment policy,
commenting-epa-dockets.
Agency (EPA). information about CBI or multimedia
FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. submissions, and general guidance on
Edward J. Linky, Environmental making effective comments, please visit
Protection Agency, Air Programs SUMMARY: The Environmental Protection https://www.epa.gov/dockets/
Branch, 290 Broadway New York, New Agency (EPA or the Agency) is commenting-epa-dockets.
York 1007–1866 at 212–637–3764 or by proposing to issue amendments to the FOR FURTHER INFORMATION CONTACT:
email at linky.edward@epa.gov. Non-Hazardous Secondary Materials George Faison, Office of Resource
SUPPLEMENTARY INFORMATION: In the rule, initially promulgated on March 21, Conservation and Recovery, Materials
final rules section of this Federal 2011, and amended on February 7, 2013 Recovery and Waste Management
Register, the EPA is approving the State and February 8, 2016, under the Division, MC 5304P, Environmental
of New York’s negative declaration Resource Conservation and Recovery Protection Agency, 1200 Pennsylvania
submitted November 13, 2006, the State Act. The Non-Hazardous Secondary Ave. NW., Washington, DC 20460;
of New Jersey’s negative declaration Materials rule generally established telephone number: (703) 305–7652;
submitted April 5, 2006 and the standards and procedures for email: faison.george@epa.gov.
Commonwealth of Puerto Rico’s identifying whether non-hazardous SUPPLEMENTARY INFORMATION:
negative declaration submitted secondary materials are solid wastes The following outline is provided to
September 25, 2006 as a direct final rule when used as fuels or ingredients in aid in locating information in this
without prior proposal because the combustion units. In the February 7, preamble.
Agency views this as a noncontroversial 2013 amendments, the EPA listed I. General Information
revision amendment and anticipates no particular non-hazardous secondary A. List of Abbreviations and Acronyms
adverse comments to this action. materials as ‘‘categorical non-waste Used in This Proposed Rule
fuels’’ provided certain conditions are B. What is the statutory authority for this
A detailed rationale for the approval met. Persons burning these non- proposed rule?
is set forth in the direct final rule. If no hazardous secondary materials do not C. Does this proposed rule apply to me?
adverse comments are received in need to evaluate them under the general D. What is the purpose of this proposed
response to this action, no further rule?
self-implementing case-by-case
activity is contemplated in relation to II. Background
standards and procedures that would A. History of the NHSM Rulemakings
this action. If the EPA receives adverse otherwise apply to non-hazardous B. Background to This Proposed Rule
comments,the direct final rule will be secondary materials used in combustion C. How will EPA make categorical non-
withdrawn and all public comments units. The February 8, 2016 waste determinations?
received will be addressed in a amendments added three materials III. Proposed Categorical Non-Waste Listing
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
subsequent final rule based on this including creosote treated railroad ties Determination for OTRTs
proposed action. The EPA will not to the list of categorical non-waste fuels. A. Detailed Description of OTRTs
institute a second comment period on This action proposes to add other B. OTRTs under Current NHSM Rules
this action. Any parties interested in treated railroad ties to the list, which are C. Scope of the Proposed Categorical Non-
commenting on this action should do so Waste Listing for OTRTs
processed creosote-borate, copper D. Rationale for Proposed Listing
at this time. naphthenate and copper naphthenate- E. Summary and Request for Comment
For additional information, see the borate treated railroad ties, under F. Copper and Borates Literature Review
direct final rule which is located in the certain conditions depending on the and Other EPA Program Review
rules section of this Federal Register. chemical treatment. Summary
VerDate Sep<11>2014 18:29 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\01NOP1.SGM 01NOP1](https://thefederalregister.org/doc/81_FR_75991/page/2.svg)
Document Created: 2016-11-01 02:36:20
Document Modified: 2016-11-01 02:36:20
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before December 1, 2016. | |
| Contact | Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway New York, New York 1007-1866 at 212-637-3764 or by email at [email protected] | |
| FR Citation | 81 FR 75780 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sewage Sludge Incinerators |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR