83 FR 13875 - Air Plan Approval; Florida; Stationary Sources Emissions Monitoring
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 63 (April 2, 2018)
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13875-13878 | |
| FR Document | 2018-06542 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13875-13878] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06542] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0500; FRL-9976-17--Region 4] Air Plan Approval; Florida; Stationary Sources Emissions Monitoring AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on February 1, 2017, for the purpose of revising Florida's requirements and procedures for emissions monitoring at stationary sources. Specifically, Florida's February 1, 2017, SIP submittal includes amendments to three Florida Administrative Code (F.A.C.) rule sections, as well as the removal of one F.A.C. rule section from the Florida SIP, in order to eliminate redundant language and make updates to the requirements for emissions monitoring at stationary sources. Additionally, this action includes a correction to remove an additional F.A.C. rule that was previously approved by EPA for removal from the SIP but was never removed. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective May 2, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0500. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8966. Mr. Febres can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What actions is EPA taking today? On February 1, 2017, FDEP submitted to EPA for approval a SIP revision for the purpose of updating Florida's requirements and procedures for emissions monitoring at stationary sources. Florida's February 1, 2017, SIP revision includes amendments to three F.A.C. rule sections and the removal of one F.A.C. rule section from the Florida SIP. Specifically, these changes to Florida's rules include the amendments of Rule 62-297.310, F.A.C.--``General Emissions Test Requirement;'' Rule 62-297.440, F.A.C.--``Supplementary Test Procedures;'' and Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency Test Procedures.'' In addition, Florida's February 1, 2017, SIP submittal includes the removal of one of Florida's rule sections from the SIP. Specifically, Florida requested to remove Rule 62-297.401, F.A.C.--``Compliance Test Methods'' from the State's implementation plan because it has been repealed at the state level, and, according to the submittal, the section is unnecessary, obsolete or duplicative of other F.A.C. Rules. [[Page 13876]] Through this rulemaking, EPA is finalizing approval of the portions of Florida's February 1, 2017, SIP revision regarding amendments to Rule 62-297.440, F.A.C., and Rule 62-297.450, F.A.C., as well as the removal of Rules 62-297.401, F.A.C., from the State's implementation plan. The portion of the SIP regarding Rule 62-297.310 was previously approved in a separate rulemaking, which approved several SIP amendments making administrative and recodification changes to Florida's SIP. See 82 FR 46682 (October 6, 2017). In addition to the removal of Rule 62-297.401, F.A.C., EPA is removing Rule 62-297.400, F.A.C.--``EPA Methods Adopted by Reference'' from the Florida SIP. The removal of this rule section was previously approved by EPA, but was never reflected in Florida's SIP-approved rules table in 40 CFR 52.520(c). For more detail on the approval to remove Rule 62-297.400, F.A.C., see the June 16, 1999, rulemaking (64 FR 32346). II. Background On October 13, 2017, EPA published a proposed rulemaking (82 FR 47662), which accompanied a direct final rulemaking (82 FR 47636) published on the same date. The proposed rule proposed to approve the portion of Florida's February 1, 2017 SIP revision described above. It also stated that if EPA received adverse comment on the direct final rule, the direct final rule would be withdrawn and all public comments received would be addressed in a subsequent final rule based on the proposed rule. EPA received 11 comments on the direct final rule, 10 of which were not relevant to the action. However, one of those comments was adverse. As a result, the direct final rule was subsequently withdrawn. After considering the adverse comment, EPA is now taking final action, based on the proposed rule, on the portion of Florida's February 1, 2017 SIP revision described above. III. Analysis of Florida's Submittal As stated in the proposed rule (82 FR 47662), a detailed rationale for EPA's approval of the above-described portions of Florida's February 1, 2017 SIP revision is set forth in the preamble to the direct final rule (82 FR 47636). In summary, EPA is approving amendments to Rule 62-297.440, F.A.C. that remove several subsections which contain test methods that are either adopted by reference in other rule sections or are now obsolete. EPA is approving amendments to Rule 62-297.450, F.A.C. because the changes clarify and simplify the language in the rule, and are consistent with EPA's VOC capture efficiency test procedure guidelines, as established in the agency's GD-035 guideline. EPA is approving the removal of Rule 62-297.401, F.A.C. from Florida's SIP because the requirements are still in place in other state rules and is unnecessary. Finally, EPA is removing Rule 62-297.400, F.A.C. from Florida's SIP because removal was previously approved by EPA, but was never reflected in Florida's SIP-approved rules table in 40 CFR 52.520(c). IV. Response to Comments Comment: As mentioned above, EPA received one adverse public comment on the direct final rule published on October 13, 2017. The comment is available for public viewing as a part of the electronic docket for this rulemaking.\1\ In summary, the Commenter requested EPA to take additional public comments on these SIP revisions because the information in the docket was not fully accessible to the public during the initial comment period for this action. A second portion of the comment was not relevant to the action being taken by EPA. --------------------------------------------------------------------------- \1\ See Docket Identification No. EPA-R04-OAR-2017-0500 at www.regulations.gov. --------------------------------------------------------------------------- Response: EPA subsequently made the state submittals and related materials fully accessible to the public in the electronic docket, and on December 14, 2017 (82 FR 58790), reopened the comment period for the proposed rule that accompanied the now withdrawn direct final rule. In the rulemaking reopening the comment period, EPA explained that it would accept public comments until January 16, 2018, and that it would address any comments received in a separate final action based on the proposed action published on October 13, 2017 (82 FR 47662). During the reopened comment period from December 14, 2017, until January 16, 2018, EPA received an additional 12 comments, but those comments were not relevant. The 12 additional comments are included in the electronic docket for this action. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Rule 62- 297.440, F.A.C., entitled ``Supplementary Test Procedures'' and Rule 62-297.450, F.A.C., entitled ``EPA VOC Capture Efficiency Test Procedures,'' both state effective on July 19, 2014. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally- enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. Final Action EPA is finalizing approval of the above mentioned changes to the Florida SIP, as submitted to us in Florida's February 1, 2017, SIP revision. Specifically, EPA is approving the amendments to Rule 62- 297.440, F.A.C., and Rule 62-297.450, F.A.C., both state effective on July 19, 2014, as well as the removal of Rule 62-297.401, F.A.C., from Florida's SIP. In addition, EPA is removing Rule 62-297.400, F.A.C., from Florida's SIP as approved in a previous rulemaking.\3\ This action is limited to the two rule revisions and two rule removals mentioned above and does not act on the portion of the February 1, 2017, SIP submittal regarding Rule 62-297.310. As mentioned in Section I above, the changes to Rule 62-297.310, were previously approved in a separate rulemaking. See 82 FR 46682 (October 6, 2017). --------------------------------------------------------------------------- \3\ See Section III of this rulemaking for details on Rule 62- 297.400. --------------------------------------------------------------------------- VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 Orders 12866 (58 FR 51735, [[Page 13877]] October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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 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). The SIP is not approved to apply on any Indian reservation land or in any other area where 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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. 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 June 1, 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 requirements. See Section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 15, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart K--Florida 0 2. In Sec. 52.520 paragraph (c) is amended under ``Chapter 62-297 Stationary Sources--Emissions Monitoring'' by: 0 a. Removing the entries for ``62-297.400'' and ``62-297.401;'' and 0 b. Revising the entries for ``62-297.440'' and ``62-297.450'' to read as follows: Sec. 52.520 Identification of plan. * * * * * (c) * * * EPA-Approved Florida Regulations ---------------------------------------------------------------------------------------------------------------- State State citation (section) Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 62-297 Stationary Sources--Emissions Monitoring ---------------------------------------------------------------------------------------------------------------- * * * * * * * 62-297.440....................... Supplementary Test 7/10/2014 4/2/2018 [Insert ................... Procedures. citation of publication]. 62-297.450....................... EPA VOC Capture 7/10/2014 4/2/2018, [Insert ................... Efficiency Test citation of Procedures. publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 13878]] * * * * * [FR Doc. 2018-06542 Filed 3-30-18; 8:45 am] BILLING CODE 6560-50-P
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enforce its requirements. See section Dated: March 21, 2018. Subpart S—Kentucky
307(b)(2). Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4. ■ 2. Section 52.920(e) is amended by
List of Subjects in 40 CFR Part 52
40 CFR part 52 is amended as follows: adding an entry for ‘‘Removal of
Environmental protection, Air Reliance on Reformulated Gasoline in
pollution control, Incorporation by PART 52—APPROVAL AND the Kentucky portion of the Cincinnati-
reference, Intergovernmental relations, PROMULGATION OF Hamilton, OH–KY–IN Area’’ at the end
Nitrogen dioxide, Ozone, Particulate IMPLEMENTATION PLANS of the table to read as follows:
matter, Reporting and recordkeeping
requirements, Volatile organic ■ 1. The authority citation for part 52 § 52.920 Identification of plan.
compounds. continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. Authority: 42.U.S.C. 7401 et seq. (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
* * * * * * *
Removal of Reliance on Re- Boone, Campbell and Kenton 09/13/17 4/2/2018 [Insert citation of
formulated Gasoline in the Counties (Kentucky portion publication].
Kentucky portion of the Cin- of the Cincinnati-Hamilton
cinnati-Hamilton, OH–KY–IN Area).
Area.
[FR Doc. 2018–06557 Filed 3–30–18; 8:45 am] removal from the SIP but was never Implementation Branch, Pesticides and
BILLING CODE 6560–50–P removed. This action is being taken Toxics Management Division, Region 4,
pursuant to the Clean Air Act (CAA or U.S. Environmental Protection Agency,
Act). 61 Forsyth Street SW, Atlanta, Georgia
ENVIRONMENTAL PROTECTION DATES: This rule is effective May 2, 30303–8960. The telephone number is
AGENCY 2018. (404) 562–8966. Mr. Febres can also be
ADDRESSES: EPA has established a reached via electronic mail at febres-
40 CFR Part 52 martinez.andres@epa.gov.
docket for this action under Docket
[EPA–R04–OAR–2017–0500; FRL–9976– Identification No. EPA–R04–OAR– SUPPLEMENTARY INFORMATION:
17—Region 4] 2017–0500. All documents in the docket
are listed on the www.regulations.gov I. What actions is EPA taking today?
Air Plan Approval; Florida; Stationary
website. Although listed in the index,
Sources Emissions Monitoring On February 1, 2017, FDEP submitted
some information is not publicly
available, i.e., Confidential Business to EPA for approval a SIP revision for
AGENCY: Environmental Protection
Information or other information whose the purpose of updating Florida’s
Agency (EPA).
disclosure is restricted by statute. requirements and procedures for
ACTION: Final rule.
Certain other material, such as emissions monitoring at stationary
SUMMARY: The Environmental Protection copyrighted material, is not placed on sources. Florida’s February 1, 2017, SIP
Agency (EPA) is taking final action to the internet and will be publicly revision includes amendments to three
approve a portion of a State available only in hard copy form. F.A.C. rule sections and the removal of
Implementation Plan (SIP) revision Publicly available docket materials are one F.A.C. rule section from the Florida
submitted by the State of Florida, available either electronically through SIP. Specifically, these changes to
through the Florida Department of www.regulations.gov or in hard copy at Florida’s rules include the amendments
Environmental Protection (FDEP) on the Air Regulatory Management Section, of Rule 62–297.310, F.A.C.—‘‘General
February 1, 2017, for the purpose of Air Planning and Implementation Emissions Test Requirement;’’ Rule 62–
revising Florida’s requirements and Branch, Air, Pesticides and Toxics 297.440, F.A.C.—‘‘Supplementary Test
procedures for emissions monitoring at Management Division, U.S. Procedures;’’ and Rule 62–297.450,
stationary sources. Specifically, Environmental Protection Agency, F.A.C.—‘‘EPA VOC Capture Efficiency
Florida’s February 1, 2017, SIP Region 4, 61 Forsyth Street SW, Atlanta, Test Procedures.’’ In addition, Florida’s
submittal includes amendments to three Georgia 30303–8960. EPA requests that February 1, 2017, SIP submittal includes
Florida Administrative Code (F.A.C.) if at all possible, you contact the person the removal of one of Florida’s rule
rule sections, as well as the removal of listed in the FOR FURTHER INFORMATION sections from the SIP. Specifically,
one F.A.C. rule section from the Florida CONTACT section to schedule your Florida requested to remove Rule 62–
SIP, in order to eliminate redundant inspection. The Regional Office’s 297.401, F.A.C.—‘‘Compliance Test
daltland on DSKBBV9HB2PROD with RULES
language and make updates to the official hours of business are Monday Methods’’ from the State’s
requirements for emissions monitoring through Friday 8:30 a.m. to 4:30 p.m., implementation plan because it has
at stationary sources. Additionally, this excluding Federal holidays. been repealed at the state level, and,
action includes a correction to remove FOR FURTHER INFORMATION CONTACT: according to the submittal, the section is
an additional F.A.C. rule that was Andres Febres, Air Regulatory unnecessary, obsolete or duplicative of
previously approved by EPA for Management Section, Air Planning and other F.A.C. Rules.
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October 4, 1993) and 13563 (76 FR 3821, The SIP is not approved to apply on or action. This action may not be
January 21, 2011); any Indian reservation land or in any challenged later in proceedings to
• Is not an Executive Order 13771 (82 other area where EPA or an Indian tribe enforce its requirements. See Section
FR 9339, February 2, 2017) regulatory has demonstrated that a tribe has 307(b)(2).
action because SIP approvals are jurisdiction. In those areas of Indian
exempted under Executive Order 12866. List of Subjects in 40 CFR Part 52
country, the rule does not have tribal
• Does not impose an information implications as specified by Executive Environmental protection, Air
collection burden under the provisions Order 13175 (65 FR 67249, November 9, pollution control, Carbon monoxide,
of the Paperwork Reduction Act (44 2000), nor will it impose substantial Incorporation by reference,
U.S.C. 3501 et seq.); direct costs on tribal governments or Intergovernmental relations, Lead,
• Is certified as not having a preempt tribal law. Nitrogen dioxide, Ozone, Particulate
significant economic impact on a The Congressional Review Act, 5 matter, Reporting and recordkeeping
substantial number of small entities U.S.C. 801 et seq., as added by the Small requirements, Sulfur oxides, Volatile
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement organic compounds.
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides
• Does not contain any unfunded Dated: March 15, 2018.
that before a rule may take effect, the Onis ‘‘Trey’’ Glenn, III,
mandate or significantly or uniquely
agency promulgating the rule must
affect small governments, as described Regional Administrator, Region 4.
submit a rule report, which includes a
in the Unfunded Mandates Reform Act
copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
of 1995 (Pub. L. 104–4);
• Does not have Federalism Congress and to the Comptroller General
of the United States. EPA will submit a PART 52—APPROVAL AND
implications as specified in Executive PROMULGATION OF
Order 13132 (64 FR 43255, August 10, report containing this action and other
required information to the U.S. Senate, IMPLEMENTATION PLANS
1999);
• Is not an economically significant the U.S. House of Representatives, and
the Comptroller General of the United ■ 1. The authority citation for part 52
regulatory action based on health or
States prior to publication of the rule in continues to read as follows:
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
• Is not a significant regulatory action cannot take effect until 60 days after it
subject to Executive Order 13211 (66 FR is published in the Federal Register. Subpart K—Florida
28355, May 22, 2001); This action is not a ‘‘major rule’’ as
• Is not subject to requirements of defined by 5 U.S.C. 804(2). ■ 2. In § 52.520 paragraph (c) is
Section 12(d) of the National Under Section 307(b)(1) of the CAA, amended under ‘‘Chapter 62–297
Technology Transfer and Advancement petitions for judicial review of this Stationary Sources—Emissions
Act of 1995 (15 U.S.C. 272 note) because action must be filed in the United States Monitoring’’ by:
application of those requirements would Court of Appeals for the appropriate ■ a. Removing the entries for ‘‘62–
be inconsistent with the CAA; and circuit by June 1, 2018. Filing a petition 297.400’’ and ‘‘62–297.401;’’ and
• Does not provide EPA with the for reconsideration by the Administrator ■ b. Revising the entries for ‘‘62–
discretionary authority to address, as of this final rule does not affect the 297.440’’ and ‘‘62–297.450’’ to read as
appropriate, disproportionate human finality of this action for the purposes of follows:
health or environmental effects, using judicial review nor does it extend the
practicable and legally permissible time within which a petition for judicial § 52.520 Identification of plan.
methods, under Executive Order 12898 review may be filed, and shall not * * * * *
(59 FR 7629, February 16, 1994). postpone the effectiveness of such rule (c) * * *
EPA-APPROVED FLORIDA REGULATIONS
State
State citation Title/subject effective EPA approval date Explanation
(section) date
* * * * * * *
Chapter 62–297 Stationary Sources—Emissions Monitoring
* * * * * * *
62–297.440 ............................. Supplementary Test Proce- 7/10/2014 4/2/2018 [Insert citation of
dures. publication].
62–297.450 ............................. EPA VOC Capture Efficiency 7/10/2014 4/2/2018, [Insert citation of
Test Procedures. publication].
* * * * * * *
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* * * * * facilities) whenever standards of subsequent approval by EPA. EPA is
[FR Doc. 2018–06542 Filed 3–30–18; 8:45 am] performance have been established accepting the negative declaration in
BILLING CODE 6560–50–P under section 111(b) for new sources of accordance with the requirements of the
the same type, and EPA has established CAA and 40 CFR 60.23(b) and 62.06.
emission guidelines (EG) for such
ENVIRONMENTAL PROTECTION existing sources. CAA section 129 IV. Statutory and Executive Order
AGENCY directs EPA to establish standards of Reviews
performance for new sources and A. General Requirements
40 CFR Part 62 emissions guidelines for existing
[EPA–R03–OAR–2017–0570; FRL–9976– sources for each category of solid waste Under Executive Order 12866 (58 FR
31—Region 3] incineration unit. CAA section 129(a) 51735, October 4, 1993), this action is
and (b). According to section 129(a)(4) not a ‘‘significant regulatory action’’ and
Approval and Promulgation of Air of the CAA, EPA also must specify therefore is not subject to review by the
Quality Implementation Plans; State of numerical emissions limitations for Office of Management and Budget. For
Maryland; Control of Emissions From particulate matter (total and fine), this reason, this action is also not
Existing Commercial and Industrial opacity (as appropriate), sulfur dioxide, subject to Executive Order 13211,
Solid Waste Incinerator Units hydrogen chloride, oxides of nitrogen, ‘‘Actions Concerning Regulations That
AGENCY: Environmental Protection carbon monoxide, lead, cadmium, Significantly Affect Energy Supply,
Agency (EPA). mercury, and dioxins and Distribution, or Use’’ (66 FR 28355, May
dibenzofurans. 22, 2001). This action merely notifies
ACTION: Final rule.
If a state fails to submit a satisfactory the public of EPA receipt of a negative
SUMMARY: The Environmental Protection plan, the CAA provides EPA the declaration from an air pollution control
Agency (EPA) is taking final action to authority to prescribe a plan for agency without any existing CISWI
approve a negative declaration for regulating the designated pollutants at units in their jurisdiction. This action
existing commercial and industrial solid the designated facilities. EPA prescribed imposes no requirements. Accordingly,
waste incineration (CISWI) units within plan, also known as a federal plan, is EPA certifies that this rule will not have
the State of Maryland. This negative often delegated to states with designated a significant economic impact on a
declaration certifies that CISWI units facilities but no EPA approved state- substantial number of small entities
subject to the requirements of sections specific plan. If no such designated
under the Regulatory Flexibility Act (5
111(d) and 129 of the Clean Air Act facilities exist within a state’s
U.S.C. 601 et seq.). Because this action
(CAA) do not exist within the jurisdiction, a state may submit to the
does not impose any additional
jurisdictional boundaries of the State of EPA a letter of certification to that effect
enforceable duty beyond that required
Maryland. EPA is accepting the negative (referred to as a negative declaration) in
by state law, it does not contain any
declaration in accordance with the lieu of a state plan to satisfy the state’s
obligation. 40 CFR 60.23(b) and 62.06. A unfunded mandate or significantly or
requirements of the CAA. uniquely affect small governments, as
DATES: This rule is effective on May 2,
negative declaration exempts the state
from the requirement to submit a CAA described in the Unfunded Mandates
2018. Reform Act of 1995 (Pub. L. 104–4).
section 111(d)/section 129 plan for that
ADDRESSES: EPA has established a This action also does not have tribal
designated pollutant and source
docket for this action under Docket ID category. 40 CFR 60.23(b). implications because it will not have a
No. EPA–R03–OAR–2017–0570. All substantial direct effect on one or more
documents in the docket are listed on II. State Submittal and EPA Analysis Indian tribes, on the relationship
the http://www.regulations.gov website. The Maryland Department of the between the Federal Government and
Although listed in the index, some Environment (MDE) has determined that Indian tribes, or on the distribution of
information is not publicly available, there are no existing CISWI units subject power and responsibilities between the
e.g., confidential business information to the requirements of sections 111(d) Federal Government and Indian tribes,
(CBI) or other information whose and 129 of the CAA in its respective air as specified by Executive Order 13175
disclosure is restricted by statute. pollution control jurisdiction. (65 FR 67249, November 9, 2000). This
Certain other material, such as Accordingly, MDE submitted a negative action also does not have Federalism
copyrighted material, is not placed on declaration letter to EPA certifying this implications because it does not have
the internet and will be publicly fact on January 20, 2017. A notice of substantial direct effects on the States,
available only in hard copy form. proposed rulemaking was published in on the relationship between the national
Publicly available docket materials are the Federal Register on February 1, government and the States, or on the
available through http:// 2018 (83 FR 4621). EPA received three distribution of power and
www.regulations.gov, or please contact comments during the public comment responsibilities among the various
the person identified in the FOR FURTHER that were not specific nor related to this levels of government, as specified in
INFORMATION CONTACT section for action and thus are not addressed here. Executive Order 13132 (64 FR 43255,
additional availability information. The negative declaration letter and August 10, 1999). This action merely
FOR FURTHER INFORMATION CONTACT: EPA’s notice of proposed rulemaking approves the negative declaration for
Mike Gordon, (215) 814–2039, or by are available in the docket for this existing CISWI units from the MDE and
email at gordon.mike@epa.gov. rulemaking and online at does not alter the relationship or the
SUPPLEMENTARY INFORMATION: www.regulations.gov. distribution of power and
responsibilities established in the Clean
daltland on DSKBBV9HB2PROD with RULES
I. Background III. Final Action Air Act. This action also is not subject
Sections 111(d) and 129 of the CAA In this final action, EPA is approving to Executive Order 13045 ‘‘Protection of
require states to submit plans to control the negative declaration for CISWI units Children from Environmental Health
certain pollutants (designated submitted by MDE on January 20, 2017 Risks and Safety Risks’’ (62 FR 19885,
pollutants) at existing solid waste and amending part 62 to reflect receipt April 23, 1997), because it is not
combustor facilities (designated of the negative declaration and economically significant.
VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/83_FR_13938/page/4.svg)
Document Created: 2018-11-01 09:09:09
Document Modified: 2018-11-01 09:09:09
| 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 | Final rule. | |
| Dates | This rule is effective May 2, 2018. | |
| Contact | Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8966. Mr. Febres can also be reached via electronic mail at [email protected] | |
| FR Citation | 83 FR 13875 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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