83 FR 19195 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; United States Virgin Islands; Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range		19195-19196
FR Document		2018-09323

The Environmental Protection Agency (EPA) proposes to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the United States Virgin Islands, for Commercial and Industrial Solid Waste Incineration (CISWI) units. This negative declaration certifies that CISWI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the United States Virgin Islands. The EPA is accepting the negative declaration in accordance with the requirements of the CAA.

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19195-19196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09323]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2017- 0712; FRL-9977-55--Region 2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; United States Virgin Islands; Commercial and 
Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the Clean Air Act (CAA) section 111(d)/129 negative declaration for the 
United States Virgin Islands, for Commercial and Industrial Solid Waste 
Incineration (CISWI) units. This negative declaration certifies that 
CISWI units subject to sections 111(d) and 129 of the CAA do not exist 
within the jurisdiction of the United States Virgin Islands. The EPA is 
accepting the negative declaration in accordance with the requirements 
of the CAA.

DATES: Comments must be received on or before June 1, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0712, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make.
    The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3764 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to the EPA. This section provides additional information 
by addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state \1\ regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA.
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    \1\ Section 302(d) of the CAA includes the United States Virgin 
Islands in the definition of the term ``State.''
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    The general provisions for the submittal and approval of state 
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, 
subpart A. Section 111(d) establishes general requirements and 
procedures on state plan submittals for the control of designated 
pollutants. Section 129 requires emission guidelines to be promulgated 
for all categories of solid waste incineration units, including 
commercial and industrial solid waste incineration (CISWI) units. A 
CISWI unit is defined, in general, as ``any distinct operating unit of 
any commercial or industrial facility that combusts, or has combusted 
in the preceding 6 months, any solid waste as that term is defined at 
40 CFR 241.'' See 40 CFR 60.2875. Section 129 mandates that all plan 
requirements be at least as protective as the promulgated emission 
guidelines. This includes fixed final compliance dates, fixed 
compliance schedules, and Title V permitting requirements for all 
affected sources. Section 129 also requires that state plans be 
submitted to EPA within one year after EPA's promulgation of the 
emission guidelines and compliance times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a state 
does not have any existing CISWI units for the relevant emission 
guidelines, a letter can be submitted certifying that no such units 
exist within the state (i.e., negative declaration) in lieu of a state 
plan. The negative declaration exempts the state from the requirements 
of subpart B that would otherwise require the submittal of a CAA 
section 111(d)/129 plan.
    On March 21, 2011 (76 FR 15704), the EPA established emission 
guidelines and compliance times for existing

[[Page 19196]]

CISWI units (New Source Performance Standards (NSPS) and Emission 
Guidelines (EG)). The emission guidelines and compliance times are 
codified at 40 CFR 60, Subpart DDDD. Following promulgation of the 2011 
CISWI rule, EPA received petitions for reconsideration requesting to 
reconsider numerous provisions in the 2011 CISWI rule. EPA granted 
reconsiderations on specific issues and promulgated a CISWI 
reconsideration rule on February 7, 2013. 78 FR 9112. EPA again 
received petitions to further reconsider certain provisions of the 2013 
NSPS and EG for CISWI units. On January 21, 2015 EPA granted 
reconsideration of four specific issues and finalized reconsideration 
of the CISWI NSPS and EG on June 23, 2016 (81 FR 40956).
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the Department of Planning and Natural Resources of the Government of 
the United States Virgin Islands submitted a negative declaration 
letter to the EPA on August 17, 2016. The submittal of this declaration 
exempts the United States Virgin Islands from the requirement to submit 
a state plan for existing CISWI units.

II. Analysis of State Submittal

    In this proposed rule the EPA proposes to amend 40 CFR part 62 to 
reflect receipt of the negative declaration letter from the United 
States Virgin Islands, certifying that there are no existing CISWI 
units subject to 40 CFR part 60, subpart DDDD, in accordance with 
section 111(d) of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the Act and 
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 
111(d)/129 plan submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA.
    Accordingly, this action, if finalized, would merely approve state 
law as meeting Federal requirements and would not impose additional 
requirements beyond those imposed by state law.
    For that reason, this action, if finalized:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January 
21, 2011);
     Is not 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
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed approval does not have tribal 
implications as specified by Executive Order 13175 because the United 
States Virgin Islands' section 111(d)/129 submittal is not approved to 
apply in Indian country located in the in the United States Virgin 
Islands and, if finalized, would not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this proposed approval.

List of Subjects in 40 CFR Part 62

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

    Dated: April 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-09323 Filed 5-1-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules 19195

• Is certified as not having a ENVIRONMENTAL PROTECTION Branch, 290 Broadway, New York, New
significant economic impact on a AGENCY York 10007–1866 at 212–637–3764 or
substantial number of small entities by email at linky.edward@epa.gov.
under the Regulatory Flexibility Act (5 40 CFR Part 62 SUPPLEMENTARY INFORMATION:
U.S.C. 601 et seq.); [EPA–R02–OAR–2017- 0712; FRL–9977– Throughout this document ‘‘we,’’ ‘‘us,’’
• Does not contain any unfunded 55—Region 2] or ‘‘our’’ refer to the EPA. This section
provides additional information by
mandate or significantly or uniquely
Approval and Promulgation of State addressing the following:
affect small governments, as described
Plans for Designated Facilities and I. Background
in the Unfunded Mandates Reform Act
Pollutants; United States Virgin II. Analysis of State Submittal
of 1995 (Pub. L. 104–4); Islands; Commercial and Industrial III. Statutory and Executive Order Reviews
• Does not have Federalism Solid Waste Incineration Units
implications as specified in Executive I. Background
Order 13132 (64 FR 43255, August 10, AGENCY: Environmental Protection The Clean Air Act (CAA) requires that
1999); Agency (EPA). state 1 regulatory agencies implement
ACTION: Proposed rule. the emission guidelines and compliance
• Is not an economically significant
times using a state plan developed
regulatory action based on health or SUMMARY: The Environmental Protection under sections 111(d) and 129 of the
safety risks subject to Executive Order Agency (EPA) proposes to approve the CAA.
13045 (62 FR 19885, April 23, 1997); Clean Air Act (CAA) section 111(d)/129 The general provisions for the
• Is not a significant regulatory action negative declaration for the United submittal and approval of state plans are
subject to Executive Order 13211 (66 FR States Virgin Islands, for Commercial codified in 40 CFR part 60, subpart B
28355, May 22, 2001); and Industrial Solid Waste Incineration and 40 CFR part 62, subpart A. Section
(CISWI) units. This negative declaration 111(d) establishes general requirements
• Is not subject to requirements of certifies that CISWI units subject to and procedures on state plan submittals
Section 12(d) of the National sections 111(d) and 129 of the CAA do for the control of designated pollutants.
Technology Transfer and Advancement not exist within the jurisdiction of the Section 129 requires emission
Act of 1995 (15 U.S.C. 272 note) because United States Virgin Islands. The EPA is guidelines to be promulgated for all
application of those requirements would accepting the negative declaration in categories of solid waste incineration
be inconsistent with the Clean Air Act; accordance with the requirements of the units, including commercial and
and CAA. industrial solid waste incineration
• Does not provide EPA with the DATES: Comments must be received on (CISWI) units. A CISWI unit is defined,
discretionary authority to address, as or before June 1, 2018. in general, as ‘‘any distinct operating
appropriate, disproportionate human ADDRESSES: Submit your comments, unit of any commercial or industrial
health or environmental effects, using identified by Docket ID No. EPA–R02– facility that combusts, or has combusted
practicable and legally permissible OAR–2017–0712, at http:// in the preceding 6 months, any solid
methods, under Executive Order 12898 www.regulations.gov. Follow the online waste as that term is defined at 40 CFR
(59 FR 7629, February 16, 1994). instructions for submitting comments. 241.’’ See 40 CFR 60.2875. Section 129
Once submitted, comments cannot be mandates that all plan requirements be
In addition, the SIP is not approved at least as protective as the promulgated
to apply on any Indian reservation land edited or removed from Regulations.gov.
The EPA may publish any comment emission guidelines. This includes fixed
or in any other area where EPA or an final compliance dates, fixed
received to its public docket. Do not
Indian tribe has demonstrated that a compliance schedules, and Title V
submit electronically any information
tribe has jurisdiction. In those areas of permitting requirements for all affected
you consider to be Confidential
Indian country, the rule does not have Business Information (CBI) or other sources. Section 129 also requires that
tribal implications and will not impose information whose disclosure is state plans be submitted to EPA within
substantial direct costs on tribal restricted by statute. Multimedia one year after EPA’s promulgation of the
governments or preempt tribal law as submissions (audio, video, etc.) must be emission guidelines and compliance
specified by Executive Order 13175 (65 accompanied by a written comment. times.
FR 67249, November 9, 2000). The written comment is considered the States have options other than
official comment and should include submitting a state plan in order to fulfill
List of Subjects in 40 CFR Part 52 their obligations under CAA sections
discussion of all points you wish to
Environmental protection, Air make. 111(d) and 129. If a state does not have
pollution control, Carbon monoxide, The EPA will generally not consider any existing CISWI units for the relevant
Incorporation by reference, comments or comment contents located emission guidelines, a letter can be
outside of the primary submission (i.e., submitted certifying that no such units
Intergovernmental relations, Lead,
on the web, cloud, or other file sharing exist within the state (i.e., negative
Nitrogen dioxide, Ozone, Particulate
system). For additional submission declaration) in lieu of a state plan. The
matter, Reporting and recordkeeping
methods, the full EPA public comment negative declaration exempts the state
requirements, Sulfur oxides. from the requirements of subpart B that
policy, information about CBI or
would otherwise require the submittal
daltland on DSKBBV9HB2PROD with PROPOSALS

Dated: April 25, 2018. multimedia submissions, and general
Edward H. Chu, guidance on making effective of a CAA section 111(d)/129 plan.
comments, please visit http:// On March 21, 2011 (76 FR 15704), the
Acting Regional Administrator, Region 5.
www2.epa.gov/dockets/commenting- EPA established emission guidelines
[FR Doc. 2018–09318 Filed 5–1–18; 8:45 am] and compliance times for existing
epa-dockets.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT: 1 Section 302(d) of the CAA includes the United
Edward J. Linky, Environmental States Virgin Islands in the definition of the term
Protection Agency, Air Programs ‘‘State.’’

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19196 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules

CISWI units (New Source Performance • Is not an Executive Order 13771 FEDERAL COMMUNICATIONS
Standards (NSPS) and Emission regulatory action because this action is COMMISSION
Guidelines (EG)). The emission not significant under Executive Order
guidelines and compliance times are 12866. 47 CFR Part 54
codified at 40 CFR 60, Subpart DDDD. • Does not impose an information [WC Docket No. 18–89; FCC 18–42]
Following promulgation of the 2011 collection burden under the provisions
CISWI rule, EPA received petitions for of the Paperwork Reduction Act (44 Protecting Against National Security
reconsideration requesting to reconsider U.S.C. 3501 et seq.); Threats to the Communications Supply
numerous provisions in the 2011 CISWI • Is certified as not having a Chain Through FCC Programs
rule. EPA granted reconsiderations on significant economic impact on a
specific issues and promulgated a substantial number of small entities AGENCY: Federal Communications
CISWI reconsideration rule on February under the Regulatory Flexibility Act (5 Commission.
7, 2013. 78 FR 9112. EPA again received U.S.C. 601 et seq.); ACTION: Proposed rule.
petitions to further reconsider certain • Does not contain any unfunded
mandate or significantly or uniquely SUMMARY: In this document, the Federal
provisions of the 2013 NSPS and EG for
affect small governments, as described Communications Commission
CISWI units. On January 21, 2015 EPA
in the Unfunded Mandates Reform Act (Commission) proposes and seeks
granted reconsideration of four specific
of 1995 (Pub. L. 104–4); comment on a targeted rule to ensure
issues and finalized reconsideration of
• Does not have Federalism that Universal Service Fund (USF)
the CISWI NSPS and EG on June 23,
implications as specified in Executive funding is not spent on equipment or
2016 (81 FR 40956).
Order 13132 (64 FR 43255, August 10, services from suppliers that pose a
In order to fulfill obligations under
1999); national security threat to the integrity
CAA sections 111(d) and 129, the
• Is not an economically significant of communications networks or the
Department of Planning and Natural
regulatory action based on health or communications supply chain.
Resources of the Government of the
safety risks subject to Executive Order DATES: Comments are due on or before
United States Virgin Islands submitted a
negative declaration letter to the EPA on 13045 (62 FR 19885, April 23, 1997); June 1, 2018, and reply comments are
August 17, 2016. The submittal of this • Is not a significant regulatory action due on or before July 2, 2018.
declaration exempts the United States subject to Executive Order 13211 (66 FR ADDRESSES: You may submit comments,
Virgin Islands from the requirement to 28355, May 22, 2001); identified by WC Docket No. 18–89, by
submit a state plan for existing CISWI • Is not subject to requirements of any of the following methods:
units. section 12(d) of the National D Federal Communications
Technology Transfer and Advancement Commission’s Website: https://
II. Analysis of State Submittal Act of 1995 (15 U.S.C. 272 note) because www.fcc.gov/ecfs/. Follow the
In this proposed rule the EPA application of those requirements would instructions for submitting comments.
proposes to amend 40 CFR part 62 to be inconsistent with the CAA; and D People with Disabilities: Contact the
reflect receipt of the negative • Does not provide EPA with the FCC to request reasonable
declaration letter from the United States discretionary authority to address, as accommodations (accessible format
Virgin Islands, certifying that there are appropriate, disproportionate human documents, sign language interpreters,
no existing CISWI units subject to 40 health or environmental effects, using CART, etc.) by email: FCC504@fcc.gov
CFR part 60, subpart DDDD, in practicable and legally permissible or phone: 202–418–0530 or TTY: 888–
accordance with section 111(d) of the methods, under Executive Order 12898 835–5322.
CAA. (59 FR 7629, February 16, 1994). For detailed instructions for submitting
In addition, this proposed approval comments and additional information
III. Statutory and Executive Order does not have tribal implications as on the rulemaking process, see the
Reviews specified by Executive Order 13175 SUPPLEMENTARY INFORMATION section of
Under the CAA, the Administrator is because the United States Virgin this document.
required to approve a 111(d)/129 plan Islands’ section 111(d)/129 submittal is FOR FURTHER INFORMATION CONTACT: John
submission that complies with the not approved to apply in Indian country Visclosky, Competition Policy Division,
provisions of the Act and applicable located in the in the United States Wireline Competition Bureau, at (202)
Federal regulations. 40 CFR 62.04. Thus, Virgin Islands and, if finalized, would 418–0825, john.visclosky@fcc.gov.
in reviewing 111(d)/129 plan not impose substantial direct costs on
SUPPLEMENTARY INFORMATION: This is a
submissions, the EPA’s role is to tribal governments or preempt tribal
law. Thus, Executive Order 13175 does summary of the Commission’s Notice of
approve state choices, provided that Proposed Rulemaking in WC Docket No.
they meet the criteria of the CAA. not apply to this proposed approval.
18–89; FCC 18–42, adopted on April 17,
Accordingly, this action, if finalized, List of Subjects in 40 CFR Part 62 2018 and released on April 18, 2018.
would merely approve state law as Environmental protection, The full text of this document is
meeting Federal requirements and Administrative practice and procedure, available at https://transition.fcc.gov/
would not impose additional Air pollution control, Commercial and Daily_Releases/Daily_Business/2018/
requirements beyond those imposed by industrial solid waste incineration db0418/FCC-18-42A1.pdf. The full text
state law. units, Intergovernmental relations, is also available for public inspection
daltland on DSKBBV9HB2PROD with PROPOSALS

For that reason, this action, if Reporting and recordkeeping during regular business hours in the
finalized: requirements. FCC Reference Information Center,
• Is not a ‘‘significant regulatory Portals II, 445 12th Street SW, Room
action’’ subject to review by the Office Dated: April 19, 2018. CY–A257, Washington, DC 20554. To
of Management and Budget under Peter D. Lopez, request materials in accessible formats
Executive Order 12866 (58 FR 51735, Regional Administrator, Region 2. for people with disabilities (e.g., braille,
October 4, 1993); and 13563 (76 FR [FR Doc. 2018–09323 Filed 5–1–18; 8:45 am] large print, electronic files, audio
3821, January 21, 2011); BILLING CODE 6560–50–P format, etc.) or to request reasonable

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Document Created: 2018-05-02 00:49:21
Document Modified: 2018-05-02 00:49:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before June 1, 2018.
Contact		Edward J. Linky, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3764 or by email at [email protected]
FR Citation		83 FR 19195
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incineration Units; Intergovernmental Relations and Reporting and Recordkeeping Requirements