83_FR_13170 83 FR 13111 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units

83 FR 13111 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 59 (March 27, 2018)

Page Range13111-13113
FR Document2018-06076

The Environmental Protection Agency (EPA) is approving a new state plan (the ``plan'') submitted by the Colorado Department of Public Health and Environment (CDPHE) for the regulation of existing commercial and industrial solid waste incineration (CISWI) units within the jurisdiction of the State of Colorado. The plan has been submitted to the EPA for approval following the promulgation of federal new source performance standards (NSPS) and emission guidelines (EG) for CISWI units on March 21, 2011, and the subsequent, limited revisions to that final rule on February 7, 2013, and June 23, 2016. This plan approval final rulemaking action is being taken in accordance with sections 111(d) and 129 of the Clean Air Act (CAA, or the ``Act'').

Federal Register, Volume 83 Issue 59 (Tuesday, March 27, 2018)
[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Rules and Regulations]
[Pages 13111-13113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0552; FRL-9975-39--Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Colorado; Control of Emissions From Existing 
Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a new 
state plan (the ``plan'') submitted by the Colorado Department of 
Public Health and Environment (CDPHE) for the regulation of existing 
commercial and industrial solid waste incineration (CISWI) units within 
the jurisdiction of the State of Colorado. The plan has been submitted 
to the EPA for approval following the promulgation of federal new 
source performance standards (NSPS) and emission guidelines (EG) for 
CISWI units on March 21, 2011, and the subsequent, limited revisions to 
that final rule on February 7, 2013, and June 23, 2016. This plan 
approval final rulemaking action is being taken in accordance with 
sections 111(d) and 129 of the Clean Air Act (CAA, or the ``Act'').

DATES: This final rule is effective on April 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0552. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through 
www.regulations.gov, or please contact the person identified in the For 
Further Information

[[Page 13112]]

Contact section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background Information

    Sections 111 and 129 of the CAA outline the EPA's statutory 
authority for regulating new and existing solid waste incineration 
units. Section 111(b) directs the EPA Administrator (the 
``Administrator'') to publish and periodically revise a list of source 
categories which significantly cause or contribute to air pollution. 
This subsection also directs the Administrator to establish federal 
standards of performance for new sources within these categories. 
Section 111(d) grants the EPA statutory authority to require states to 
submit to the agency implementation plans for establishing performance 
standards applicable to existing sources belonging to those categories 
established in section 111(b). Section 129 specifically addresses solid 
waste combustion and requires that the EPA regulate new and existing 
waste incineration units pursuant to section 111 of the Act, including 
the requirement that a state in which existing designated facilities 
operate, submit for approval, a state plan for each category of 
regulated waste incineration units. Section 129(b)(3) requires the EPA 
to promulgate a federal plan for existing waste incineration units of 
any designated category located in any state which has not submitted an 
approvable 111(d)/129 state plan for said category of waste 
incineration units. Such federal plans remain in effect until the state 
in question submits a new or revised state plan and subsequently 
receives approval and promulgation of the plan under 40 CFR part 62.
    State plan submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of 
the Act requires the EPA to develop and periodically revise operating 
standards for new and existing CISWI units. The NSPS and EG for CISWI 
units were promulgated on December 1, 2000, at 40 CFR part 60, subparts 
CCCC and DDDD, respectively. Revisions to the CISWI NSPS and EG were 
subsequently promulgated by the EPA on March 21, 2011 (76 FR 15704), 
with final actions on reconsideration of the rule published on February 
7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). State plan 
requirements specific to CISWI units, along with a model rule to ease 
adoption of the EG, are found in subpart DDDD, while more general state 
plan requirements are found in 40 CFR part 60, subpart B, and part 62, 
subpart A. The guidelines found in subpart DDDD require that states 
impose emission limits on designated facilities for those pollutants 
regulated under section 129, including: Dioxins/furans, carbon 
monoxide, metals (cadmium, lead and mercury), hydrogen chloride, sulfur 
dioxide, oxides of nitrogen, opacity and particulate matter. The EG 
also requires that state plans include essential elements pursuant to 
section 129 requirements, including monitoring, operator training and 
facility permitting requirements.
    On July 14, 2017, the CDPHE submitted to the EPA a new section 
111(d)/129 state plan for existing CISWI units in the State of 
Colorado. The current ``state plan'' is a negative declaration letter 
certifying the absence of any known designated facilities regulated 
under the CISWI rule. The current negative declaration was approved and 
promulgated by the EPA on September 17, 2003 (68 FR 54373), at 40 CFR 
part 62, subpart G. Since the revision of the CISWI rule, the State of 
Colorado has identified at least one operational designated facility 
which would be regulated under the revised rule, and has submitted a 
new state plan, summarized in the following section, to comply with CAA 
section 111/129 requirements.

II. Summary of Colorado's Section 111(d)/129 Plan for Existing CISWI 
Units

    The EPA has completed a review of the new Colorado section 111(d)/
129 plan for existing CISWI units. The EPA has determined that the plan 
submittal meets the requirements found in 40 CFR part 60, subparts B 
and DDDD, and part 62, subpart A. Accordingly, the EPA is approving the 
submitted state plan as proposed. See 83 FR 768 (Jan. 8, 2018). The 
EPA's final approval action is limited to the new CISWI state plan and 
the subpart DDDD ``Model Rule'' addressing CISWI units as they are 
incorporated by the State of Colorado in the Code of Colorado 
Regulations (CCR) at 5 CCR 1001-8, part A, subpart DDDD. A detailed 
summary of the submittal's compliance with the requirements found in 
the CFR is available in the technical support document (TSD) associated 
with this rulemaking action. The TSD has been available in the docket 
for this rulemaking action during the public comment period and may be 
found at the www.regulations.gov website.

III. Response to Public Comments

    This rule will be finalized as proposed without revisions. The EPA 
received a total of three anonymous public comments on the proposed 
approval and promulgation of the Colorado CISWI State plan. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. All public comments received 
on this rulemaking action are available for review by the public and 
may be viewed by following the instructions for access to docket 
materials as outlined in the ADDRESSES section of this preamble.

IV. Final Action

    The EPA is approving Colorado's section 111(d)/129 state plan for 
existing CISWI units because the state plan requirements are at least 
as stringent as the requirements for existing CISWI units found in 40 
CFR part 60, subpart DDDD. Therefore, the EPA is amending 40 CFR part 
62, subpart G, to reflect the withdrawal of Colorado's negative 
declaration for existing CISWI units, and the approval of this plan. 
The scope of the plan approval is limited to the provisions of 40 CFR 
parts 60 and 62 for existing CISWI units, as found in the emission 
guidelines at 40 CFR part 60, subpart DDDD. The Administrator retains 
the authorities listed under 40 CFR 60.2542 and 60.2030(c).

V. 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. 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 and are not 
specifically disapproved. Accordingly, this action merely finalizes 
approval of 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);

[[Page 13113]]

     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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);
     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,
     Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this final rule 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. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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 May 29, 2018. 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 enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Commercial and 
industrial solid waste incineration, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: March 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
    For the reasons stated in the preamble, the 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 G--Colorado

0
2. Subpart G is amended by revising Sec.  62.1380 and adding Sec. Sec.  
62.1381 and 62.1382 to read as follows:


Sec.  62.1380  Identification of plan.

    111(d) Plan for Commercial and Industrial Solid Waste Incineration 
Units and the associated State regulation as it is incorporated in the 
Code of Colorado Regulations (CCR) under the Colorado Air Quality 
Control Commission's Standards of Performance for New Stationary 
Sources, 5 CCR 1001-8, part A, subpart DDDD. The plan and associated 
regulation were submitted by the State on July 14, 2017.


Sec.  62.1381  Identification of sources.

    The plan applies to each existing commercial and industrial solid 
waste incinerator unit and air curtain incinerator in the State of 
Colorado that commenced construction on or before June 4, 2010, or 
commenced modification or reconstruction after June 4, 2010, but no 
later than August 7, 2013, as such incinerator units are defined in 
Sec.  60.2875 of 40 CFR part 60. The plan applies only to units not 
exempt under the conditions of Sec.  60.2555 of that part.


Sec.  62.1382  Effective date.

    The federally enforceable effective date of the plan for commercial 
and industrial solid waste incinerators is April 26, 2018.

[FR Doc. 2018-06076 Filed 3-26-18; 8:45 am]
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                                                              Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations                                               13111

                                           Paperwork Reduction Act of 1995 (44                     Consideration supporting this                         inform the public through Broadcast
                                           U.S.C. 3501–3520).                                      determination is available in the docket              Notices to Mariners of any changes in
                                                                                                   where indicated under ADDRESSES.                      the planned schedule.
                                           D. Federalism and Indian Tribal
                                           Governments                                             G. Protest Activities                                 Wayne R. Arguin,
                                              A rule has implications for federalism                 The Coast Guard respects the First                  Captain, U.S. Coast Guard, Captain of the
                                           under Executive Order 13132,                            Amendment rights of protesters.                       Port Sector New Orleans.
                                           Federalism, if it has a substantial direct              Protesters are asked to contact the                   [FR Doc. 2018–06074 Filed 3–26–18; 8:45 am]
                                           effect on the States, on the relationship               person listed in the FOR FURTHER                      BILLING CODE 9110–04–P
                                           between the national government and                     INFORMATION CONTACT section to
                                           the States, or on the distribution of                   coordinate protest activities so that your
                                           power and responsibilities among the                    message can be received without                       ENVIRONMENTAL PROTECTION
                                           various levels of government. We have                   jeopardizing the safety or security of                AGENCY
                                           analyzed this rule under that Order and                 people, places or vessels.
                                           have determined that it is consistent                                                                         40 CFR Part 62
                                           with the fundamental federalism                         List of Subjects in 33 CFR Part 165
                                                                                                                                                         [EPA–R08–OAR–2017–0552; FRL–9975–
                                           principles and preemption requirements                    Harbors, Marine safety, Navigation                  39—Region 8]
                                           described in Executive Order 13132.                     (water), Reporting and recordkeeping
                                              Also, this rule does not have tribal                 requirements, Security measures,                      Approval and Promulgation of State
                                           implications under Executive Order                      Waterways.                                            Plans for Designated Facilities and
                                           13175, Consultation and Coordination                      For the reasons discussed in the                    Pollutants; Colorado; Control of
                                           with Indian Tribal Governments,                         preamble, the Coast Guard amends 33                   Emissions From Existing Commercial
                                           because it does not have a substantial                  CFR part 165 as follows:                              and Industrial Solid Waste Incineration
                                           direct effect on one or more Indian                                                                           Units
                                           tribes, on the relationship between the                 PART 165—REGULATED NAVIGATION
                                           Federal Government and Indian tribes,                                                                         AGENCY:  Environmental Protection
                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                           or on the distribution of power and                                                                           Agency (EPA).
                                           responsibilities between the Federal                    ■ 1. The authority citation for part 165              ACTION: Final rule.
                                           Government and Indian tribes. If you                    continues to read as follows:
                                                                                                                                                         SUMMARY:   The Environmental Protection
                                           believe this rule has implications for                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Agency (EPA) is approving a new state
                                           federalism or Indian tribes, please                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             plan (the ‘‘plan’’) submitted by the
                                           contact the person listed in the FOR                    Department of Homeland Security Delegation
                                                                                                   No. 0170.1.
                                                                                                                                                         Colorado Department of Public Health
                                           FURTHER INFORMATION CONTACT section.                                                                          and Environment (CDPHE) for the
                                           E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T08–0930 to read as                    regulation of existing commercial and
                                                                                                   follows:                                              industrial solid waste incineration
                                             The Unfunded Mandates Reform Act
                                           of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T08–0930 Safety Zone; Lower                     (CISWI) units within the jurisdiction of
                                           Federal agencies to assess the effects of               Mississippi River, New Orleans, LA.                   the State of Colorado. The plan has been
                                           their discretionary regulatory actions. In                (a) Location. The following area is a               submitted to the EPA for approval
                                           particular, the Act addresses actions                   safety zone: All navigable waters of the              following the promulgation of federal
                                           that may result in the expenditure by a                 Lower Mississippi River, New Orleans,                 new source performance standards
                                           State, local, or tribal government, in the              LA between Mile Marker (MM) 94 and                    (NSPS) and emission guidelines (EG) for
                                           aggregate, or by the private sector of                  MM 95 above Head of Passes.                           CISWI units on March 21, 2011, and the
                                           $100,000,000 (adjusted for inflation) or                   (b) Effective period. This section is              subsequent, limited revisions to that
                                           more in any one year. Though this rule                  effective from 8 p.m. through 9 p.m. on               final rule on February 7, 2013, and June
                                           will not result in such an expenditure,                 April 22, 2018.                                       23, 2016. This plan approval final
                                           we do discuss the effects of this rule                     (c) Regulations. (1) In accordance with            rulemaking action is being taken in
                                           elsewhere in this preamble.                             the general regulations in § 165.23, entry            accordance with sections 111(d) and
                                                                                                   into this zone is prohibited unless                   129 of the Clean Air Act (CAA, or the
                                           F. Environment                                          specifically authorized by the Captain of             ‘‘Act’’).
                                              We have analyzed this rule under                     the Port Sector New Orleans (COTP) or                 DATES: This final rule is effective on
                                           Department of Homeland Security                         designated representative. A designated               April 26, 2018.
                                           Directive 023–01, which guides the                      representative is a commissioned,                     ADDRESSES: The EPA has established a
                                           Coast Guard in complying with the                       warrant, or petty officer of the U.S.                 docket for this action under Docket ID
                                           National Environmental Policy Act of                    Coast Guard assigned to units under the               No. EPA–R08–OAR–2017–0552. All
                                           1969 (42 U.S.C. 4321–4370f), and have                   operational control of USCG Sector New                documents in the docket are listed on
                                           determined that this action is one of a                 Orleans.                                              the http://www.regulations.gov website.
                                           category of actions that do not                            (2) Vessels requiring entry into this              Although listed in the index, some
                                           individually or cumulatively have a                     safety zone must request permission                   information is not publicly available,
                                           significant effect on the human                         from the COTP or a designated                         e.g., CBI or other information whose
                                           environment. This rule involves a safety                representative. They may be contacted                 disclosure is restricted by statute.
                                           zone lasting one hour that will prohibit                on VHF–FM Channel 16 or 67.                           Certain other material, such as
                                           entry within a one-mile stretch of the                     (3) Persons and vessels permitted to               copyrighted material, is not placed on
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                                           Lower Mississippi River, between MMs                    enter this safety zone must transit at                the internet and will be publicly
                                           94 and 95. It is categorically excluded                 their slowest safe speed and comply                   available only in hard copy form.
                                           from further review under paragraph                     with all lawful directions issued by the              Publicly available docket materials are
                                           L60(a) of Appendix A, Table 1 of DHS                    COTP or the designated representative.                available through www.regulations.gov,
                                           Instruction Manual 023–01–001–01,                          (d) Information broadcasts. The COTP               or please contact the person identified
                                           Rev. 01. A Record of Environmental                      or a designated representative will                   in the FOR FURTHER INFORMATION


                                      VerDate Sep<11>2014   17:36 Mar 26, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\27MRR1.SGM   27MRR1


                                           13112              Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations

                                           CONTACT section for additional                          on February 7, 2013 (78 FR 9112), and                 the public comment period and may be
                                           availability information.                               June 23, 2016 (81 FR 40956). State plan               found at the www.regulations.gov
                                           FOR FURTHER INFORMATION CONTACT:                        requirements specific to CISWI units,                 website.
                                           Gregory Lohrke, Air Program, U.S.                       along with a model rule to ease
                                                                                                                                                         III. Response to Public Comments
                                           Environmental Protection Agency                         adoption of the EG, are found in subpart
                                           (EPA), Region 8, Mail Code 8P–AR,                       DDDD, while more general state plan                     This rule will be finalized as
                                           1595 Wynkoop Street, Denver, Colorado                   requirements are found in 40 CFR part                 proposed without revisions. The EPA
                                           80202–1129, (303) 312–6396,                             60, subpart B, and part 62, subpart A.                received a total of three anonymous
                                           lohrke.gregory@epa.gov.                                 The guidelines found in subpart DDDD                  public comments on the proposed
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   require that states impose emission                   approval and promulgation of the
                                                                                                   limits on designated facilities for those             Colorado CISWI State plan. After
                                           I. Background Information                               pollutants regulated under section 129,               reviewing the comments, the EPA has
                                              Sections 111 and 129 of the CAA                      including: Dioxins/furans, carbon                     determined that the comments are
                                           outline the EPA’s statutory authority for               monoxide, metals (cadmium, lead and                   outside the scope of our proposed action
                                           regulating new and existing solid waste                 mercury), hydrogen chloride, sulfur                   or fail to identify any material issue
                                           incineration units. Section 111(b)                      dioxide, oxides of nitrogen, opacity and              necessitating a response. All public
                                           directs the EPA Administrator (the                      particulate matter. The EG also requires              comments received on this rulemaking
                                           ‘‘Administrator’’) to publish and                       that state plans include essential                    action are available for review by the
                                           periodically revise a list of source                    elements pursuant to section 129                      public and may be viewed by following
                                           categories which significantly cause or                 requirements, including monitoring,                   the instructions for access to docket
                                           contribute to air pollution. This                       operator training and facility permitting             materials as outlined in the ADDRESSES
                                           subsection also directs the                             requirements.                                         section of this preamble.
                                                                                                      On July 14, 2017, the CDPHE
                                           Administrator to establish federal                                                                            IV. Final Action
                                                                                                   submitted to the EPA a new section
                                           standards of performance for new
                                                                                                   111(d)/129 state plan for existing CISWI                 The EPA is approving Colorado’s
                                           sources within these categories. Section
                                                                                                   units in the State of Colorado. The                   section 111(d)/129 state plan for
                                           111(d) grants the EPA statutory                         current ‘‘state plan’’ is a negative
                                           authority to require states to submit to                                                                      existing CISWI units because the state
                                                                                                   declaration letter certifying the absence             plan requirements are at least as
                                           the agency implementation plans for                     of any known designated facilities
                                           establishing performance standards                                                                            stringent as the requirements for
                                                                                                   regulated under the CISWI rule. The                   existing CISWI units found in 40 CFR
                                           applicable to existing sources belonging                current negative declaration was
                                           to those categories established in section                                                                    part 60, subpart DDDD. Therefore, the
                                                                                                   approved and promulgated by the EPA                   EPA is amending 40 CFR part 62,
                                           111(b). Section 129 specifically                        on September 17, 2003 (68 FR 54373),
                                           addresses solid waste combustion and                                                                          subpart G, to reflect the withdrawal of
                                                                                                   at 40 CFR part 62, subpart G. Since the
                                           requires that the EPA regulate new and                                                                        Colorado’s negative declaration for
                                                                                                   revision of the CISWI rule, the State of
                                           existing waste incineration units                                                                             existing CISWI units, and the approval
                                                                                                   Colorado has identified at least one
                                           pursuant to section 111 of the Act,                                                                           of this plan. The scope of the plan
                                                                                                   operational designated facility which
                                           including the requirement that a state in                                                                     approval is limited to the provisions of
                                                                                                   would be regulated under the revised
                                           which existing designated facilities                                                                          40 CFR parts 60 and 62 for existing
                                                                                                   rule, and has submitted a new state
                                           operate, submit for approval, a state                                                                         CISWI units, as found in the emission
                                                                                                   plan, summarized in the following
                                           plan for each category of regulated                                                                           guidelines at 40 CFR part 60, subpart
                                                                                                   section, to comply with CAA section
                                           waste incineration units. Section                                                                             DDDD. The Administrator retains the
                                                                                                   111/129 requirements.
                                           129(b)(3) requires the EPA to                                                                                 authorities listed under 40 CFR 60.2542
                                           promulgate a federal plan for existing                  II. Summary of Colorado’s Section                     and 60.2030(c).
                                           waste incineration units of any                         111(d)/129 Plan for Existing CISWI
                                                                                                   Units                                                 V. Statutory and Executive Order
                                           designated category located in any state                                                                      Reviews
                                           which has not submitted an approvable                      The EPA has completed a review of
                                           111(d)/129 state plan for said category                 the new Colorado section 111(d)/129                     Under the CAA, the Administrator is
                                           of waste incineration units. Such federal               plan for existing CISWI units. The EPA                required to approve a section 111(d)/129
                                           plans remain in effect until the state in               has determined that the plan submittal                plan submission that complies with the
                                           question submits a new or revised state                 meets the requirements found in 40 CFR                provisions of the Act and applicable
                                           plan and subsequently receives                          part 60, subparts B and DDDD, and part                federal regulations. Thus, in reviewing
                                           approval and promulgation of the plan                   62, subpart A. Accordingly, the EPA is                section 111(d)/129 plan submissions,
                                           under 40 CFR part 62.                                   approving the submitted state plan as                 the EPA’s role is to approve state
                                              State plan submittals under CAA                      proposed. See 83 FR 768 (Jan. 8, 2018).               choices, provided that they meet the
                                           sections 111(d) and 129 must be                         The EPA’s final approval action is                    criteria of the CAA and are not
                                           consistent with the relevant new or                     limited to the new CISWI state plan and               specifically disapproved. Accordingly,
                                           revised EG. Section 129(a)(1)(D) of the                 the subpart DDDD ‘‘Model Rule’’                       this action merely finalizes approval of
                                           Act requires the EPA to develop and                     addressing CISWI units as they are                    state law as meeting federal
                                           periodically revise operating standards                 incorporated by the State of Colorado in              requirements and does not impose
                                           for new and existing CISWI units. The                   the Code of Colorado Regulations (CCR)                additional requirements beyond those
                                           NSPS and EG for CISWI units were                        at 5 CCR 1001–8, part A, subpart DDDD.                imposed by state law. For that reason,
                                           promulgated on December 1, 2000, at 40                  A detailed summary of the submittal’s                 this action:
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                                           CFR part 60, subparts CCCC and DDDD,                    compliance with the requirements                        • Is not a ‘‘significant regulatory
                                           respectively. Revisions to the CISWI                    found in the CFR is available in the                  action’’ subject to review by the Office
                                           NSPS and EG were subsequently                           technical support document (TSD)                      of Management and Budget under
                                           promulgated by the EPA on March 21,                     associated with this rulemaking action.               Executive Orders 12866 (58 FR 51735,
                                           2011 (76 FR 15704), with final actions                  The TSD has been available in the                     October 4, 1993) and 13563 (76 FR 3821,
                                           on reconsideration of the rule published                docket for this rulemaking action during              January 21, 2011);


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                                                              Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations                                               13113

                                              • Is not expected to be an Executive                 Federal Register. This action is not a                June 4, 2010, but no later than August
                                           Order 13771 regulatory action because                   ‘‘major rule’’ as defined by 5 U.S.C.                 7, 2013, as such incinerator units are
                                           this action is not significant under                    804(2).                                               defined in § 60.2875 of 40 CFR part 60.
                                           Executive Order 12866;                                     Under section 307(b)(1) of the CAA,                The plan applies only to units not
                                              • Does not impose an information                     petitions for judicial review of this                 exempt under the conditions of
                                           collection burden under the provisions                  action must be filed in the United States             § 60.2555 of that part.
                                           of the Paperwork Reduction Act (44                      Court of Appeals for the appropriate
                                           U.S.C. 3501 et seq.);                                   circuit by May 29, 2018. Filing a                     § 62.1382   Effective date.
                                              • Is certified as not having a                       petition for reconsideration by the                     The federally enforceable effective
                                           significant economic impact on a                        Administrator of this final rule does not             date of the plan for commercial and
                                           substantial number of small entities                    affect the finality of this action for the            industrial solid waste incinerators is
                                           under the Regulatory Flexibility Act (5                 purposes of judicial review nor does it               April 26, 2018.
                                           U.S.C. 601 et seq.);                                    extend the time within which a petition               [FR Doc. 2018–06076 Filed 3–26–18; 8:45 am]
                                              • Does not contain any unfunded                      for judicial review may be filed, and                 BILLING CODE 6560–50–P
                                           mandate or significantly or uniquely                    shall not postpone the effectiveness of
                                           affect small governments, as described                  such rule or action. This action may not
                                           in the Unfunded Mandates Reform Act                     be challenged later in proceedings to                 NATIONAL AERONAUTICS AND
                                           of 1995 (Pub. L. 104–4);                                enforce its enforce its requirements. (See            SPACE ADMINISTRATION
                                              • Does not have federalism                           CAA section 307(b)(2).)
                                           implications as specified in Executive                                                                        48 CFR Parts 1816, 1832, and 1852
                                           Order 13132 (64 FR 43255, August 10,                    List of Subjects in 40 CFR Part 62
                                           1999);                                                    Environmental protection, Air                       RIN 2700–AE39
                                              • Is not an economically significant                 pollution control, Commercial and
                                           regulatory action based on health or                                                                          NASA Federal Acquisition Regulation
                                                                                                   industrial solid waste incineration,                  Supplement: Revised Voucher and
                                           safety risks subject to Executive Order                 Intergovernmental relations, Reporting
                                           13045 (62 FR 19885, April 23, 1997);                                                                          Invoice Submission & Payment
                                                                                                   and recordkeeping requirements.                       Process (NFS Case 2017–N014)
                                              • Is not a significant regulatory action
                                                                                                     Dated: March 22, 2018.
                                           subject to Executive Order 13211 (66 FR                                                                       AGENCY:  National Aeronautics and
                                           28355, May 22, 2001);                                   Douglas H. Benevento,
                                                                                                                                                         Space Administration.
                                              • Is not subject to requirements of                  Regional Administrator, Region 8.
                                                                                                     For the reasons stated in the                       ACTION: Final rule.
                                           section 12(d) of the National
                                           Technology Transfer and Advancement                     preamble, the EPA amends 40 CFR part                  SUMMARY:   NASA is issuing a final rule
                                           Act of 1995 (15 U.S.C. 272 note) because                62 as set forth below:                                amending the NASA Federal
                                           application of those requirements would                                                                       Acquisition Regulation Supplement
                                           be inconsistent with the CAA; and,                      PART 62—APPROVAL AND
                                                                                                                                                         (NFS) to implement revisions to the
                                              • Is not subject to Executive Order                  PROMULGATION OF STATE PLANS
                                                                                                                                                         voucher and invoice submittal and
                                           12898 (59 FR 7629, February 16, 1994)                   FOR DESIGNATED FACILITIES AND
                                                                                                   POLLUTANTS                                            payment process.
                                           because it does not establish an
                                                                                                                                                         DATES: Effective: April 26, 2018.
                                           environmental health or safety standard.
                                              In addition, this final rule is not                  ■ 1. The authority citation for part 62               FOR FURTHER INFORMATION CONTACT: Mr.
                                           approved to apply on any Indian                         continues to read as follows:                         Geoffrey Sage, NASA HQ, Office of
                                           reservation land or in any other area                       Authority: 42 U.S.C. 7401 et seq.                 Procurement, Contract and Grant Policy
                                           where the EPA or an Indian tribe has                                                                          Division, LP–011, 300 E. Street SW,
                                           demonstrated that a tribe has                           Subpart G—Colorado                                    Washington, DC 20456–0001.
                                           jurisdiction. In those areas of Indian                                                                        Telephone 202–358–2420; facsimile
                                                                                                   ■ 2. Subpart G is amended by revising                 202–358–3082.
                                           country, the rule does not have tribal                  § 62.1380 and adding §§ 62.1381 and
                                           implications and will not impose                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                   62.1382 to read as follows:
                                           substantial direct costs on tribal                                                                               I. Background: NASA published a
                                           governments or preempt tribal law as                    § 62.1380    Identification of plan.                  proposed rule in the Federal Register at
                                           specified by Executive Order 13175 (65                    111(d) Plan for Commercial and                      82 FR 43511 on September 18, 2017, to
                                           FR 67249, November 9, 2000).                            Industrial Solid Waste Incineration                   revise the NFS to implement revisions
                                              The Congressional Review Act, 5                      Units and the associated State                        to the voucher submittal and payment
                                           U.S.C. 801 et seq., as added by the Small               regulation as it is incorporated in the               process. These revisions are necessary
                                           Business Regulatory Enforcement                         Code of Colorado Regulations (CCR)                    in order for NASA to comply with the
                                           Fairness Act of 1996, generally provides                under the Colorado Air Quality Control                Office of Management and Budget
                                           that before a rule may take effect, the                 Commission’s Standards of Performance                 (OMB) issued Memorandum M–15–19,
                                           agency promulgating the rule must                       for New Stationary Sources, 5 CCR                     which directed federal agencies to
                                           submit a rule report, which includes a                  1001–8, part A, subpart DDDD. The plan                transition to electronic invoicing for
                                           copy of the rule, to each House of the                  and associated regulation were                        appropriate federal procurements by the
                                           Congress and to the Comptroller General                 submitted by the State on July 14, 2017.              end of fiscal year 2018. In Fiscal Year
                                           of the United States. The EPA will                                                                            2016, NASA revised their voucher
                                           submit a report containing this action                  § 62.1381    Identification of sources.               submission and payment process to
                                           and other required information to the                     The plan applies to each existing                   electronically process cost type
amozie on DSK30RV082PROD with RULES




                                           U.S. Senate, the U.S. House of                          commercial and industrial solid waste                 vouchers under cost-reimbursement
                                           Representatives, and the Comptroller                    incinerator unit and air curtain                      type contracts. As part of NASA’s goal
                                           General of the United States prior to                   incinerator in the State of Colorado that             to have all contract payments processed
                                           publication of the rule in the Federal                  commenced construction on or before                   electronically by the end of fiscal year
                                           Register. A major rule cannot take effect               June 4, 2010, or commenced                            2018, this rule revises NASA’s
                                           until 60 days after it is published in the              modification or reconstruction after                  submission and payment process to


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Document Created: 2018-03-27 01:26:41
Document Modified: 2018-03-27 01:26:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 26, 2018.
ContactGregory Lohrke, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, [email protected]
FR Citation83 FR 13111 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Commercial and Industrial Solid Waste Incineration; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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