82 FR 43307 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; United States Virgin Islands; Other Solid Waste Incineration Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 178 (September 15, 2017)
Federal Register Volume 82, Issue 178 (September 15, 2017)
| Page Range | 43307-43309 | |
| FR Document | 2017-19706 |
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)] [Rules and Regulations] [Pages 43307-43309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19706] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2017-0338; FRL-9967-42-Region 2] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; United States Virgin Islands; 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 declaration for the United States Virgin Islands, for other solid waste incineration units. Other solid waste incineration (OSWI) unit. which is either a very small municipal waste combustion unit or an institutional [[Page 43308]] waste incineration unit. 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 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 November 14, 2017, without further notice, unless the EPA receives adverse comment by October 16, 2017. 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-2017-0338), to https://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 https://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 United States 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, which includes Other Solid Waste Incineration (OSWI) units (see 40 CFR 60-3078). Section 129 mandates that all plan requirements be at least as protective 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 December 16, 2005 (70 FR 74907), the EPA established emission guidelines and compliance times for existing OSWI units. The emission guidelines and compliance times are codified at 40 CFR part 60, subpart FFFF. In order to fulfill obligations under CAA sections 111(d) and 129, the Department of Planning and Natural Resources of the Government of the United States Virgin Islands submitted a negative declaration letter to the EPA on April 18, 2017. The submittal of these declarations exempts the United States Virgin Islands 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 letter from the United States Virgin Islands, 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 issue of the 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. 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 affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); [[Page 43309]] 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 CAA; 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 14, 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, Other Solid Waste Incineration units. Dated: August 18, 2017. Catherine R. McCabe, Acting 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. 0 2. Subpart CCC is amended by adding an undesignated center heading and Sec. 62.13358 to read as follows: Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 Sec. 62.13358 Identification of plan--negative declaration. Letter from the Virgin Islands Department of Planning and Natural Resources submitted April 04, 2017 to Acting Regional Administrator Catherine R. Mc Cabe, certifying that the United States Virgin Islands has no existing unites pursuant to 40 CFR 60 Subpart FFFF, Emissions Guidelines and Compliaince Times for Other Solid Waste Incineration Units that commenced construction on or before December 9, 2004. [FR Doc. 2017-19706 Filed 9-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43307
EPA-APPROVED IOWA REGULATIONS—Continued
State
Iowa Title effective EPA approval date Explanation
citation date
* * * * * * *
567–27.3 ............ Ordinance or Regulations 3/22/17 9/15/2017, [Insert Federal
Register citation].
* * * * * * *
Chapter 28—Ambient Air Quality Standards
567–28.1 ............ Statewide standards ........ 3/22/17 9/15/2017, [Insert Federal
Register citation].
* * * * * * *
Chapter 31—Nonattainment Areas
* * * * * * *
567–31.2 ............ Rescinded ........................ 3/22/17 9/15/2017, [Insert Federal Rescinded and reserved.
Register citation].
* * * * * * *
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ............ Purpose ............................ 3/22/17 9/15/2017, [Insert Federal
Register citation].
567–33.3 ............ Special Construction Per- 3/22/17 9/15/2017, [Insert Federal Provisions of the 2010 PM2.5 PSD—Increments,
mit Requirements for Register citation]. SILs and SMCs rule (October 20, 2010) relating to
Major Stationary SILs and SMCs that were affected by the January
Sources in Areas Des- 22, 2013, U.S. Court of Appeals decision are not
ignated Attainment or SIP approved. Iowa’s rule incorporating EPA’s
Unclassified (PSD). 2007 revision of the definition of ‘‘chemical proc-
essing plants’’ (the ‘‘Ethanol Rule,’’ (May 1, 2007)
or EPA’s 2008 ‘‘fugitive emissions rule,’’ (Decem-
ber 19, 2008) are not SIP-approved.
* * * * * * *
* * * * * PART 70—STATE OPERATING PERMIT ENVIRONMENTAL PROTECTION
PROGRAMS AGENCY
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS ■ 5. The authority citation for part 70 40 CFR Part 62
FOR DESIGNATED FACILITIES AND continues to read as follows: [EPA–R02–OAR–2017–0338; FRL–9967–42–
POLLUTANTS
Authority: 42 U.S.C. 7401, et seq. Region 2]
■ 3. The authority citation for part 62 Approval and Promulgation of State
continues to read as follows: ■ 6. Amend appendix A to part 70 by
adding paragraph (r) under the heading Plans for Designated Facilities and
Authority: 42 U.S.C. 7401 et seq. ‘‘Iowa’’ to read as follows: Pollutants; United States Virgin
Islands; Other Solid Waste Incineration
Subpart Q—Iowa Appendix A to Part 70—Approval Units
Status of State and Local Operating
■ 4. Amend § 62.3913 by adding Permits Programs AGENCY: Environmental Protection
paragraph (e) to read as follows: Agency (EPA).
* * * * *
ACTION: Direct final rule.
§ 62.3913 Identification of plan. Iowa
* * * * * * * * * * SUMMARY: The Environmental Protection
(e) Grammatical revision to the plan (r) The Iowa Department of Natural Agency (EPA) is taking direct final
for the control of air emissions from Resources submitted for program approval action to approve the Clean Air Act
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municipal solid waste landfills revisions to rules 567–22.100, 567–22.103, (CAA) section 111(d)/129 negative
submitted by the Iowa Department of 567–22.105, and 567–22.108. The state declaration for the United States Virgin
Natural Resources, on April 13, 2017. effective date is March 22, 2017. This Islands, for other solid waste
The state effective date of the revision revision is effective November 14, 2017. incineration units. Other solid waste
was March 22, 2017. The effective date * * * * * incineration (OSWI) unit. which is
of the amended plan is November 14, [FR Doc. 2017–19347 Filed 9–14–17; 8:45 am] either a very small municipal waste
2017. BILLING CODE 6560–50–P combustion unit or an institutional
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![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43309
• does not have Federalism enforce its requirements. (See section or the agency) took direct final action to
implications as specified in Executive 307(b)(2)). amend the All Appropriate Inquiries
Order 13132 (64 FR 43255, August 10, Rule to reference ASTM International’s
List of Subjects in 40 CFR Part 62
1999); E2247–16 ‘‘Standard Practice for
• is not an economically significant Environmental protection, Air Environmental Site Assessments: Phase
regulatory action based on health or pollution control, Administrative I Environmental Site Assessment
safety risks subject to Executive Order practice and procedure,
Process for Forestland or Rural
13045 (62 FR 19885, April 23, 1997); Intergovernmental relations, Reporting
Property’’ and allow for its use to satisfy
• is not a significant regulatory action and recordkeeping requirements, Other
subject to Executive Order 13211 (66 FR Solid Waste Incineration units. the statutory requirements for
28355, May 22, 2001); conducting all appropriate inquiries
Dated: August 18, 2017. under the Comprehensive
• is not subject to requirements of Catherine R. McCabe,
Section 12(d) of the National Environmental Response, Compensation
Acting Regional Administrator, Region 2. and Liability Act (CERCLA). The direct
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because For the reasons stated in the final rule was scheduled to be effective
application of those requirements would preamble, EPA amends 40 CFR part 62 on September 18, 2017, unless EPA
be inconsistent with the CAA; and as set forth below: received adverse written comment.
• does not provide EPA with the Because EPA received adverse
discretionary authority to address, as PART 62—APPROVAL AND
comment, we are withdrawing the direct
appropriate, disproportionate human PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND final rule for the Amendment to
health or environmental effects, using Standards and Practices for All
practicable and legally permissible POLLUTANTS
Appropriate Inquiries published on June
methods, under Executive Order 12898 ■ 1. The authority citation for part 62 20, 2017.
(59 FR 7629, February 16, 1994). continues to read as follows:
In addition, this action does not have DATES: The direct final rule published
tribal implications as specified by Authority: 42 U.S.C.7401 et seq. on June 20, 2017 at 82 FR 28009 is
Executive Order 13175 because the ■ 2. Subpart CCC is amended by adding withdrawn effective September 15,
section 111(d)/129 plan is not approved an undesignated center heading and 2017.
to apply in Indian country located in the § 62.13358 to read as follows:
state, and EPA notes will not impose FOR FURTHER INFORMATION CONTACT:
Air Emissions From Other Solid Waste Patricia Overmeyer, Office of
substantial direct costs on tribal
Incineration (OSWI) Units Constructed Brownfields and Land Revitalization
governments or preempt tribal law.
on or Before December 16, 2005 (5105T), U.S. Environmental Protection
Thus, Executive Order 13175 does not
apply to this section. § 62.13358 Identification of plan—negative Agency, 1200 Pennsylvania Avenue
The Congressional Review Act, 5 declaration. NW., Washington, DC 20460–0002, 202–
U.S.C. 801 et seq., as added by the Small Letter from the Virgin Islands 566–2774, or overmeyer.patricia@
Business Regulatory Enforcement Department of Planning and Natural epa.gov.
Fairness Act of 1996, generally provides Resources submitted April 04, 2017 to
that before a rule may take effect, the Acting Regional Administrator SUPPLEMENTARY INFORMATION: Because
agency promulgating the rule must Catherine R. Mc Cabe, certifying that the EPA received adverse comment, we are
submit a rule report, which includes a United States Virgin Islands has no withdrawing the direct final rule for the
copy of the rule, to each House of the existing unites pursuant to 40 CFR 60 Amendment to Standards and Practices
Congress and to the Comptroller General Subpart FFFF, Emissions Guidelines for All Appropriate Inquiries published
of the United States. The EPA will and Compliaince Times for Other Solid on June 20, 2017 (82 FR 28009). We
submit a report containing this action Waste Incineration Units that stated in that direct final rule that if we
and other required information to the commenced construction on or before received adverse comment by July 20,
U.S. Senate, the U.S. House of December 9, 2004. 2017, the direct final rule would not
Representatives, and the Comptroller [FR Doc. 2017–19706 Filed 9–14–17; 8:45 am] take effect and we would publish a
General of the United States prior to BILLING CODE 6560–50–P
timely withdrawal in the Federal
publication of the rule in the Federal Register. We subsequently received
Register. A major rule cannot take effect adverse comment on that direct final
until 60 days after it is published in the ENVIRONMENTAL PROTECTION rule. We addressed the comments
Federal Register. This action is not a AGENCY received in the final action, which is
‘‘major rule’’ as defined by 5 U.S.C. published in the ‘‘Final Rules’’ section
804(2). 40 CFR Part 312 of this Federal Register. As stated in the
Under section 307(b)(1) of the CAA, direct final rule and the parallel
[EPA–HQ–OLEM–2016–0786; FRL–9967–
petitions for judicial review of this 47–OLEM] proposed rule, we will not institute a
action must be filed in the United States second comment period on the parallel
Court of Appeals for the appropriate RIN 2050–AG94
proposed rule published on June 20,
circuit by November 14, 2017.
Amendment to Standards and 2017 (82 FR 28040).
Filing a petition for reconsideration
by the Administrator of this final rule Practices for All Appropriate Inquiries List of Subjects in 40 CFR Part 312
Under CERCLA
mstockstill on DSK30JT082PROD with RULES
does not affect the finality of this action
for the purposes of judicial review nor AGENCY: Environmental Protection Environmental protection,
does it extend the time within which a Agency (EPA). Administrative practice and procedure,
petition for judicial review may be filed Hazardous substances,
ACTION: Withdrawal of direct final rule.
and shall not postpone the effectiveness Intergovernmental relations, Reporting
of such rule or action. This action may SUMMARY:On June 20, 2017, the U.S. and recordkeeping requirements,
not be challenged later in proceedings to Environmental Protection Agency (EPA Superfund.
VerDate Sep<11>2014 16:21 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1](https://thefederalregister.org/doc/82_FR_43485/page/3.svg)
Document Created: 2017-09-15 00:18:41
Document Modified: 2017-09-15 00:18:41
| 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 November 14, 2017, without further notice, unless the EPA receives adverse comment by October 16, 2017. 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 | 82 FR 43307 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Other Solid Waste Incineration Units |
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