83 FR 24960 - Approval of TN Plan for Control of Emissions From Commercial and Industrial Solid Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range		24960-24962
FR Document		2018-11754

The Environmental Protection Agency (EPA) is proposing to approve a state plan submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on May 12, 2017, and supplemented on February 9, 2018, for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units. The state plan provides for implementation and enforcement of the EG, as finalized by EPA on June 23, 2016, applicable to existing CISWI units for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010, but no later than August 7, 2013. The state plan establishes emission limits, monitoring, operating, recordkeeping, and reporting requirements for affected CISWI units. Since all the CISWI units in the State are located at the Eastman Chemical Company in Kingsport, Tennessee, the State has issued the facility an operating permit the terms of which are the relevant provisions of the EG and has submitted the permit as part of its state plan.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24960-24962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11754]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2018-0186; FRL-9978-94--Region 4]


Approval of TN Plan for Control of Emissions From 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) is proposing to 
approve a state plan submitted by the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC) on May 12, 
2017, and supplemented on February 9, 2018, for implementing and 
enforcing the Emissions Guidelines (EG) applicable to existing 
Commercial and Industrial Solid Waste Incineration (CISWI) units. The 
state plan provides for implementation and enforcement of the EG, as 
finalized by EPA on June 23, 2016, applicable to existing CISWI units 
for which construction commenced on or before June 4, 2010, or for 
which modification or reconstruction commenced after June 4, 2010, but 
no later than August 7, 2013. The state plan establishes emission 
limits, monitoring, operating, recordkeeping, and reporting 
requirements for affected CISWI units. Since all the CISWI units in the 
State are located at the Eastman Chemical Company in Kingsport, 
Tennessee, the State has issued the facility an operating permit the 
terms of which are the relevant provisions of the EG and has submitted 
the permit as part of its state plan.

DATES: Comments must be received on or before July 2, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R04-
OAR-2018-0186] at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. 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: Mark Bloeth, South Air Enforcement and 
Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303. Mr. Bloeth can 
be reached via telephone at 404-562-9013 and via email at 
bloeth.mark@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 129 of the Clean Air Act (CAA or the Act) directs the 
Administrator to develop regulations under section 111(d) of the Act 
limiting emissions of nine air pollutants (particulate matter, carbon 
monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen 
chloride, lead, mercury, and cadmium) from four categories of solid 
waste incineration units: Municipal solid waste; hospital, medical, and 
infectious solid waste; commercial and industrial solid waste; and 
other solid waste.
    On December 1, 2000, EPA promulgated new source performance 
standards (NSPS) and EG to reduce air pollution from CISWI units, which 
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively. 
See 65 FR 75338. EPA revised the NSPS and EG for CISWI units on March 
21, 2011. See 76 FR 15704. Following promulgation of the 2011 CISWI 
rule, EPA received petitions for reconsideration requesting that EPA 
reconsider numerous provisions in the rule. EPA granted reconsideration 
on certain issues and promulgated a CISWI reconsideration rule on 
February 7, 2013. See 78 FR 9112. Subsequently, EPA received petitions 
to further reconsider certain provisions of the 2013 NSPS and EG for 
CISWI units. On January 21, 2015, EPA granted reconsideration on four 
specific issues and finalized reconsideration of the CISWI NSPS and EG 
on June 23, 2016. See 81 FR 40956.
    Section 129(b)(2) of the CAA requires states to submit to EPA for 
approval state plans and revisions that implement and enforce the EG--
in this case, 40 CFR part 60, subpart DDDD. State plans and revisions 
must be at least as protective as the EG, and become federally 
enforceable upon approval by EPA. The procedures for adoption and 
submittal of state plans and revisions are codified in 40 CFR part 60, 
subpart B.

II. Review of Tennessee's CISWI State Plan Submittal

    Tennessee submitted a state plan to implement and enforce the EG 
for existing CISWI units in the state \1\ on May 12, 2017, and 
supplemented its submittal on February 9, 2018. EPA has reviewed the 
plan for existing CISWI units in the context of the requirements of 40 
CFR part 60, subparts B and DDDD. State plans must include the 
following nine essential elements: Identification of legal authority; 
identification of mechanism for implementation; inventory of affected 
facilities; emissions inventory; emissions limits; compliance 
schedules; testing, monitoring, recordkeeping, and reporting; public 
hearing records; and annual state progress reports on facility 
compliance. Since all the CISWI units identified in the State are 
located at Eastman Chemical Company's facility in Kingsport, Tennessee 
(``Eastman''), the State has issued the facility an operating permit 
(permit number 072397) the terms of which are the relevant provisions 
of the EG and has submitted the permit as the legal mechanism to 
implement its state plan.
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    \1\ The submitted state plan does not apply in Indian country 
located in the state.
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A. Identification of Legal Authority

    Under 40 CFR 60.26 and 60.2515(a)(9), an approvable state plan must 
demonstrate that the State has

[[Page 24961]]

legal authority to adopt and implement the EG's emission standards and 
compliance schedule. In its submittal, Tennessee cites the following 
State law provisions and/or subsections thereof, among other 
provisions, for its authority to implement and enforce the plan: 
Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-09-.03(8) 
(authority to include CAA requirements and federal regulations in 
permits); T.C.A. 68-201-111 (authority to bring civil action for 
injunction relief to prevent violations), 68-201-116(a) (authority to 
issue orders to correct violations), 68-201-105(b)(2) (authority to 
collection information from sources), 68-201-105(b)(3) (inspection 
authority), and 68-201-105(b)(8) (authority to institute judicial 
proceedings to compel compliance). EPA has reviewed the cited 
authorities and has preliminarily concluded that the State has 
adequately demonstrated legal authority to implement and enforce the 
CISWI state plan in Tennessee.

B. Identification of Enforceable State Mechanisms for Implementing the 
Plan

    Under 40 CFR 60.24(a), a state plan must include emission 
standards, defined at 40 CFR 60.21(f) as ``a legally enforceable 
regulation setting forth an allowable rate of emissions into the 
atmosphere, or prescribing equipment specifications for control of air 
pollution emissions.'' See also 40 CFR 60.2515(a)(8). The State has 
adopted enforceable emission standards for affected CISWI units via 
state operating permit number 072397, issued to Eastman on May 10, 
2017. EPA has preliminarily concluded that the permit terms meet the 
emission standard requirement under 40 CFR 60.24(a).

C. Inventory of Affected Units

    Under 40 CFR 60.25(a) and 60.2515(a)(1), a state plan must include 
a complete source inventory of all CISWI units. Tennessee has 
identified seven affected units at one facility: Boilers 18-24 at 
Eastman. Omission from this inventory of CISWI units does not exempt an 
affected facility from the applicable section 111(d)/129 requirements. 
EPA has preliminarily concluded that Tennessee has met the affected 
unit inventory requirements under 40 CFR 60.25(a) and 60.2515(a)(1).

D. Inventory of Emissions From Affected CISWI Units

    Under 40 CFR 60.25(a) and 60.2515(a)(2), a state plan must include 
an emissions inventory of the pollutants regulated by the EG. Emissions 
from CISWI units may contain cadmium, carbon monoxide, dioxins/furans, 
hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, 
and sulfur dioxide. Tennessee submitted, and later supplemented, an 
emissions inventory of CISWI units as part of its state plan. This 
emissions inventory contains CISWI unit emissions rates for each 
regulated pollutant. EPA has preliminarily concluded that Tennessee has 
met the emission inventory requirements of 40 CFR 60.25(a) and 
60.2515(a)(2).

E. Emission Limitations, Operator Training and Qualification, Waste 
Management Plan, and Operating Limits for CISWI Units

    Under 40 CFR 60.24(c) and 60.2515(a)(4), the state plan must 
include emission standards that are no less stringent than the EG. 40 
CFR 60.2515(a)(4) also requires a state plan to include operating 
training and qualifications requirements, a waste management plan, and 
operating limits that are at least as protective as the EG. Since all 
of the CISWI units identified in the State are located at Eastman, the 
State has issued the facility an operating permit the terms of which 
are the relevant provisions of the EG. EPA has preliminarily concluded 
that Tennessee's CISWI plan satisfies the requirements of 40 CFR 
60.24(c) and 60.2515(a)(4).

F. Compliance Schedules

    Under 40 CFR 60.24(a), (c), and (e) and 40 CFR 60.2515(a)(3), each 
state plan must include a compliance schedule, which requires affected 
CISWI units to expeditiously comply with the state plan requirements. 
In Eastman's state operating permit number 072397, Eastman is required 
to comply with the EG initial compliance requirements for CISWI units, 
which EPA has codified at 40 CFR 60.2700 through 60.2706. EPA has 
preliminarily concluded that Tennessee's CISWI plan satisfies the 
requirements of 40 CFR 60.24(a), (c), and (e) and 40 CFR 60.2515(a)(3).

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    Under 40 CFR 60.24(b)(2), 60.25(b), and 60.2515(a)(5), an 
approvable state plan must require that sources conduct testing, 
monitoring, recordkeeping, and reporting. Tennessee's state plan 
incorporates the model rule provisions of the EG in state operating 
permit number 072397. EPA has preliminarily concluded that Tennessee's 
CISWI plan satisfies the requirements of 40 CFR 60.24(b)(2), 60.25(b), 
and 60.2515(a)(5).

H. A Record of Public Hearing on the State Plan Revision

    40 CFR 60.23 sets forth the public participation requirements for 
each state plan. The State must conduct a public hearing, make all 
relevant plan materials available to the public prior to the hearing, 
and provide notice of such hearing to the public, the Administrator of 
EPA, each local air pollution control agency, and, in the case of an 
interstate region, each state within the region. 40 CFR 60.2515(a)(6) 
requires that each state plan include certification that the hearing 
was held, a list of witnesses and their organizational affiliations, if 
any, appearing at the hearing, and a brief written summary of each 
presentation or written submission. In its submittal, Tennessee 
submitted records, including transcripts, of a public hearing held on 
April 19, 2017. Tennessee provided notice and made all relevant plan 
materials available prior to the hearing. Tennessee certifies in its 
submittal that a hearing was held and that the State received no oral 
comments on the plan, and it describes the written submissions 
received. Thus, EPA has preliminarily concluded that Tennessee's CISWI 
plan satisfies the requirements of 40 CFR 60.23 and 60.2515(a)(6).

I. Annual State Progress Reports to EPA

    Under 40 CFR 60.25(e) and (f) and 40 CFR 60.2515(a)(7), the State 
must provide in its state plan for annual reports to EPA on progress in 
enforcement of the plan. Accordingly, Tennessee provides in its plan 
that it will submit reports on progress in plan enforcement to EPA on 
an annual (calendar year) basis, commencing with the first full 
reporting period after plan revision approval. EPA has preliminarily 
concluded that Tennessee's CISWI plan satisfies the requirements of 40 
CFR 60.25(e) and (f) and 40 CFR 60.2515(a)(7).

III. Proposed Action

    Pursuant to CAA section 111(d), CAA section 129, and 40 CFR part 
60, subparts B and DDDD, EPA is proposing to approve Tennessee's state 
plan for regulation of CISWI units as submitted on May 21, 2017. In 
addition, EPA is proposing to amend 40 CFR part 62, subpart RR to 
reflect this action.

IV. 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 CAA and 
applicable Federal regulations. In reviewing 111(d)/129 plan 
submissions, EPA's role is to approve state choices, provided

[[Page 24962]]

they meet the criteria and objectives of the CAA and EPA's implementing 
regulations. Accordingly, this action merely proposes to approve state 
law as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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);
     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).
    In addition, this rule 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. It also 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). And it does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA is 
not proposing to approve the submitted rule to apply in Indian country 
located in the state, and because the submitted rule will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Manufacturing, Phosphate, Reporting and 
recordkeeping requirements, Sulfur oxides, Waste treatment and 
disposal.

    Authority: 42 U.S.C. 7411.

    Dated: May 15, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-11754 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P

24960 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules

Indian country, the rule does not have relevant provisions of the EG and has EG for CISWI units on March 21, 2011.
tribal implications as specified by submitted the permit as part of its state See 76 FR 15704. Following
Executive Order 13175 (65 FR 67249, plan. promulgation of the 2011 CISWI rule,
November 9, 2000). Nevertheless, the DATES: Comments must be received on EPA received petitions for
EPA offered consultation and or before July 2, 2018. reconsideration requesting that EPA
coordination to Washington tribes in ADDRESSES: Submit your comments, reconsider numerous provisions in the
letters dated July, 6, 2017. identified by Docket ID No. [EPA–R04– rule. EPA granted reconsideration on
OAR–2018–0186] at https:// certain issues and promulgated a CISWI
List of Subjects in 40 CFR Part 52 reconsideration rule on February 7,
www.regulations.gov. Follow the online
Environmental protection, Air instructions for submitting comments. 2013. See 78 FR 9112. Subsequently,
pollution control, Incorporation by Once submitted, comments cannot be EPA received petitions to further
reference, Intergovernmental relations, edited or removed from Regulations.gov. reconsider certain provisions of the
Nitrogen dioxide, Particulate matter, EPA may publish any comment received 2013 NSPS and EG for CISWI units. On
Reporting and recordkeeping to its public docket. Do not submit January 21, 2015, EPA granted
requirements, Sulfur oxides, Visibility, electronically any information you reconsideration on four specific issues
and Volatile organic compounds. consider to be confidential business and finalized reconsideration of the
Authority: 42 U.S.C. 7401 et seq. information (CBI) or other information CISWI NSPS and EG on June 23, 2016.
whose disclosure is restricted by statute. See 81 FR 40956.
Dated: May 17, 2018. Section 129(b)(2) of the CAA requires
Chris Hladick, Multimedia submissions (audio, video,
etc.) must be accompanied by a written states to submit to EPA for approval
Regional Administrator, Region 10. state plans and revisions that implement
comment. The written comment is
[FR Doc. 2018–11572 Filed 5–30–18; 8:45 am]
considered the official comment and and enforce the EG—in this case, 40
BILLING CODE 6560–50–P
should include discussion of all points CFR part 60, subpart DDDD. State plans
you wish to make. EPA will generally and revisions must be at least as
not consider comments or comment protective as the EG, and become
ENVIRONMENTAL PROTECTION federally enforceable upon approval by
contents located outside of the primary
AGENCY EPA. The procedures for adoption and
submission (i.e., on the web, cloud, or
other file sharing system). For submittal of state plans and revisions
40 CFR Part 62 are codified in 40 CFR part 60, subpart
additional submission methods, the full
[EPA–R04–OAR–2018–0186; FRL–9978– EPA public comment policy, B.
94—Region 4] information about CBI or multimedia II. Review of Tennessee’s CISWI State
Approval of TN Plan for Control of submissions, and general guidance on Plan Submittal
Emissions From Commercial and making effective comments, please visit Tennessee submitted a state plan to
Industrial Solid Waste Incineration http://www2.epa.gov/dockets/ implement and enforce the EG for
Units commenting-epa-dockets. existing CISWI units in the state 1 on
FOR FURTHER INFORMATION CONTACT: May 12, 2017, and supplemented its
AGENCY: Environmental Protection Mark Bloeth, South Air Enforcement submittal on February 9, 2018. EPA has
Agency (EPA). and Toxics Section, Air Enforcement reviewed the plan for existing CISWI
ACTION: Proposed rule. and Toxics Branch, Air, Pesticides and units in the context of the requirements
Toxics Management Division, U.S. of 40 CFR part 60, subparts B and
SUMMARY: The Environmental Protection Environmental Protection Agency, DDDD. State plans must include the
Agency (EPA) is proposing to approve a Region 4, 61 Forsyth Street SW, Atlanta, following nine essential elements:
state plan submitted by the State of Georgia 30303. Mr. Bloeth can be Identification of legal authority;
Tennessee, through the Tennessee reached via telephone at 404–562–9013 identification of mechanism for
Department of Environment and and via email at bloeth.mark@epa.gov. implementation; inventory of affected
Conservation (TDEC) on May 12, 2017, SUPPLEMENTARY INFORMATION: facilities; emissions inventory;
and supplemented on February 9, 2018, emissions limits; compliance schedules;
for implementing and enforcing the I. Background
testing, monitoring, recordkeeping, and
Emissions Guidelines (EG) applicable to Section 129 of the Clean Air Act (CAA reporting; public hearing records; and
existing Commercial and Industrial or the Act) directs the Administrator to annual state progress reports on facility
Solid Waste Incineration (CISWI) units. develop regulations under section compliance. Since all the CISWI units
The state plan provides for 111(d) of the Act limiting emissions of identified in the State are located at
implementation and enforcement of the nine air pollutants (particulate matter, Eastman Chemical Company’s facility in
EG, as finalized by EPA on June 23, carbon monoxide, dioxins/furans, sulfur Kingsport, Tennessee (‘‘Eastman’’), the
2016, applicable to existing CISWI units dioxide, nitrogen oxides, hydrogen State has issued the facility an operating
for which construction commenced on chloride, lead, mercury, and cadmium) permit (permit number 072397) the
or before June 4, 2010, or for which from four categories of solid waste terms of which are the relevant
modification or reconstruction incineration units: Municipal solid provisions of the EG and has submitted
commenced after June 4, 2010, but no waste; hospital, medical, and infectious the permit as the legal mechanism to
later than August 7, 2013. The state plan solid waste; commercial and industrial
pmangrum on DSK30RV082PROD with PROPOSALS

implement its state plan.
establishes emission limits, monitoring, solid waste; and other solid waste.
operating, recordkeeping, and reporting On December 1, 2000, EPA A. Identification of Legal Authority
requirements for affected CISWI units. promulgated new source performance Under 40 CFR 60.26 and
Since all the CISWI units in the State standards (NSPS) and EG to reduce air 60.2515(a)(9), an approvable state plan
are located at the Eastman Chemical pollution from CISWI units, which are must demonstrate that the State has
Company in Kingsport, Tennessee, the codified at 40 CFR part 60, subparts
State has issued the facility an operating CCCC and DDDD, respectively. See 65 1 The submitted state plan does not apply in

permit the terms of which are the FR 75338. EPA revised the NSPS and Indian country located in the state.

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24962 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules

they meet the criteria and objectives of Reporting and recordkeeping • Hand Delivery: If you plan to
the CAA and EPA’s implementing requirements, Sulfur oxides, Waste submit written comments by hand or
regulations. Accordingly, this action treatment and disposal. courier, please do so at 1200 New Jersey
merely proposes to approve state law as Authority: 42 U.S.C. 7411. Avenue SE, West Building Ground
meeting federal requirements and does Floor, Room W12–140, Washington, DC
not impose additional requirements Dated: May 15, 2018. between 9 a.m. and 5 p.m. Eastern Time,
beyond those imposed by state law. For Onis ‘‘Trey’’ Glenn, III, Monday through Friday, except federal
that reason, this proposed action: Regional Administrator, Region 4. holidays.
• Is not a significant regulatory action [FR Doc. 2018–11754 Filed 5–30–18; 8:45 am] • Fax: Written comments may be
subject to review by the Office of BILLING CODE 6560–50–P faxed to 202–493–2251.
Management and Budget under • You may call Docket Management
Executive Orders 12866 (58 FR 51735, at 1–800–647–5527.
October 4, 1993) and 13563 (76 FR 3821, DEPARTMENT OF TRANSPORTATION Instructions: For detailed instructions
January 21, 2011); on submitting comments and additional
• does not impose an information National Highway Traffic Safety Information, see the COMMENTS
collection burden under the provisions Administration heading of the SUPPLEMENTARY
of the Paperwork Reduction Act (44 INFORMATION section of this document.
U.S.C. 3501 et seq.); 49 CFR Parts 571, 580, 581, 582, 583, Note that all comments received will be
• is certified as not having a 585, 587, 588, 591, 592, 593, 594, and posted without change to http://
significant economic impact on a 595 www.regulations.gov, including any
substantial number of small entities personal information provided. Please
under the Regulatory Flexibility Act (5 [Docket No. NHTSA–2018–0064] see the Privacy Act heading in the
U.S.C. 601 et seq.); SUPPLEMENTARY INFORMATION.
• does not contain any unfunded Federal Motor Vehicle Safety
Standards; Plain Language and Small FOR FURTHER INFORMATION CONTACT:
mandate or significantly or uniquely Jonathan Roth, Office of Regulatory
affect small governments, as described Business Impacts of Motor Vehicle
Safety Analysis and Evaluation, National
in the Unfunded Mandates Reform Act Center for Statistics and Analysis,
of 1995 (Pub. L. 104–4); AGENCY: National Highway Traffic National Highway Traffic Safety
• does not have Federalism Safety Administration (NHTSA), Administration, U.S. Department of
implications as specified in Executive Department of Transportation (DOT). Transportation, 1200 New Jersey
Order 13132 (64 FR 43255, August 10, Avenue SE, Washington, DC 20590
ACTION: Notification of regulatory
1999); (telephone 202–366–0818, fax 202–366–
• is not an economically significant review; request for comments.
3189).
regulatory action based on health or SUMMARY: NHTSA seeks comments on SUPPLEMENTARY INFORMATION:
safety risks subject to Executive Order the economic impact of its regulations
13045 (62 FR 19885, April 23, 1997); on small entities. As required by Section I. Section 610 of the Regulatory
• is not a significant regulatory action 610 of the Regulatory Flexibility Act, we Flexibility Act
subject to Executive Order 13211 (66 FR are attempting to identify rules that may
28355, May 22, 2001). A. Background and Purpose
have a significant economic impact on
In addition, this rule is not subject to a substantial number of small entities. Section 610 of the Regulatory
requirements of Section 12(d) of the We also request comments on ways to Flexibility Act of 1980 (Pub. L. 96–354),
National Technology Transfer and make these regulations easier to read as amended by the Small Business
Advancement Act of 1995 (15 U.S.C. and understand. The focus of this Regulatory Enforcement Fairness Act of
272 note) because application of those notification is rules that specifically 1996 (Pub. L. 104–121), requires
requirements would be inconsistent relate to passenger cars, multipurpose agencies to conduct periodic reviews of
with the CAA. It also does not provide passenger vehicles, trucks, buses, final rules that have a significant
EPA with the discretionary authority to trailers, motorcycles, and motor vehicle economic impact on a substantial
address, as appropriate, equipment. number of small business entities. The
disproportionate human health or purpose of the reviews is to determine
environmental effects, using practicable DATES: You should submit comments whether such rules should be continued
and legally permissible methods, under early enough to ensure that Docket without change, or should be amended
Executive Order 12898 (59 FR 7629, Management receives them not later or rescinded, consistent with the
February 16, 1994). And it does not than July 30, 2018. objectives of applicable statutes, to
have Tribal implications as specified by ADDRESSES: You may submit comments minimize any significant economic
Executive Order 13175 (65 FR 67249, [identified by Docket Number NHTSA– impact of the rules on a substantial
November 9, 2000), because EPA is not 2018–0064] by any of the following number of such small entities.
proposing to approve the submitted rule methods:
• Internet: To submit comments B. Review Schedule
to apply in Indian country located in the
state, and because the submitted rule electronically, go to the U.S. On December 1, 2008, NHTSA
will not impose substantial direct costs Government regulations website at published in the Federal Register (73
http://www.regulations.gov. Follow the FR 72758) a 10-year review plan for its
pmangrum on DSK30RV082PROD with PROPOSALS

on Tribal governments or preempt
Tribal law. online instructions for submitting existing regulations. The National
comments. Highway Traffic Safety Administration
List of Subjects in 40 CFR Part 62 • Mail: Send comments to Docket (NHTSA, ‘‘we’’) has divided its rules
Environmental protection, Management Facility, U.S. Department into 10 groups by subject area. Each
Administrative practice and procedure, of Transportation, 1200 New Jersey group will be reviewed once every 10
Air pollution control, Aluminum, Avenue SE, West Building Ground years, undergoing a two-stage process–
Fertilizers, Fluoride, Intergovernmental Floor, Room W12–140, Washington, DC an Analysis Year and a Review Year.
relations, Manufacturing, Phosphate, 20590. For purposes of these reviews, a year

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Document Created: 2018-05-31 00:48:14
Document Modified: 2018-05-31 00:48:14

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 July 2, 2018.
Contact		Mark Bloeth, South Air Enforcement and Toxics Section, Air Enforcement and Toxics Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via telephone at 404-562-9013 and via email at [email protected]
FR Citation		83 FR 24960
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Aluminum; Fertilizers; Fluoride; Intergovernmental Relations; Manufacturing; Phosphate; Reporting and Recordkeeping Requirements; Sulfur Oxides and Waste Treatment and Disposal