83 FR 40153 - 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 157 (August 14, 2018)
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40153-40155 | |
| FR Document | 2018-17371 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Rules and Regulations] [Pages 40153-40155] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17371] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2018-0712; FRL-9981-99--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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a 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: This final rule is effective on September 13, 2018. 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. What comments were received in response to the EPA's proposed rule? III. What action is EPA taking today? IV. Statutory and Executive Order Reviews I. Background The Clean Air Act (CAA) requires that state \1\ regulatory agencies implement the emission guidelines and compliance times using a state plan developed under sections 111(d) and 129 of the CAA. --------------------------------------------------------------------------- \1\ Section 302(d) of the CAA includes the United States Virgin Islands in the definition of the term ``State.'' --------------------------------------------------------------------------- The general provisions for the submittal and approval of state plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, subpart A. Section 111(d) establishes general requirements and procedures on state plan submittals for the control of designated pollutants. Section 129 requires emission guidelines to be promulgated for all categories of solid waste incineration units, 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 [[Page 40154]] 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 CISWI units (New Source Performance Standards (NSPS) and Emission Guidelines (EG)). The emission guidelines and compliance times are codified at 40 CFR part 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 Fegruary 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 (DPNR) 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. On May 2, 2018 (83 FR 19195), the EPA proposed to approve DPNR's negative declaration letter that certifies there are no existing CISWI units located in the United States Virgin Islands. II. What comments were received in response to the EPA's proposed rule? In response to the EPA's May 2, 2018 (83 FR 19195) proposed rulemaking, the EPA received no public comments. III. What action is EPA taking today? In this final rule the EPA will 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. 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 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, as finalized, 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, as 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 final rule 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 15, 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 62 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: July 25, 2018. Peter D. Lopez, Regional Administrator, Region 2. For the reasons stated in the preamble, EPA amends 40 CFR part 62 as set forth below: PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 40155]] 0 2. Subpart CCC is amended by adding an undesignated center heading and Sec. 62.13359 to read as follows: Air Emissions From Commercial and Industrial Solid Waste Incineration (CISWI) Units That Commenced Construction on or Before June 4, 2010, or That Commenced Modification or Reconstruction After June 4, 2010 But Not Later Than August 7, 2013 Sec. 62.13359 Identification of plan--negative declaration. Letter from the Virgin Islands Department of Planning and Natural Resources submitted August 17, 2016 to Regional Administrator Judith A. Enck certifying that the United States Virgin Islands has no existing units pursuant to 40 CFR part 60, subpart DDDD, that commenced construction on or before June 4, 2010, or that commenced modification or reconstruction after June 4, 2010 but not later than August 7, 2013. [FR Doc. 2018-17371 Filed 8-13-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40153
■ 3. In § 52.1586, paragraph (b)(1) is New York State Department of This negative declaration certifies that
amended by adding a sentence at the Environmental Conservation for the CISWI units subject to sections 111(d)
end of the paragraph to read as follows: 2008 NAAQS for ozone are adequate for and 129 of the CAA do not exist within
transportation conformity purposes for the jurisdiction of the United States
§ 52.1586 Section 110(a)(2) infrastructure the New York portions of the New York- Virgin Islands. The EPA is accepting the
requirements.
Northern New Jersey-Long Island, NY- negative declaration in accordance with
* * * * * NJ-CT 8-hour ozone nonattainment area. the requirements of the CAA.
(b) * * * In this document, EPA erroneously DATES: This final rule is effective on
(1) * * * Submittal from New Jersey
listed the 2017 MVEB units as tons per September 13, 2018.
dated October 17, 2014 to address the
year. The actual 2017 MVEB units are FOR FURTHER INFORMATION CONTACT:
CAA infrastructure requirements of
tons per day. Therefore, the table is Edward J. Linky, Environmental
section 110(a)(2) for the 2012 PM2.5 is
being corrected to list the correct units. Protection Agency, Air Programs
approved for (D)(i)(I).
Correction Branch, 290 Broadway, New York, New
* * * * * York 10007–1866 at 212–637–3764 or
[FR Doc. 2018–17361 Filed 8–13–18; 8:45 am] In the notification of adequacy by email at Linky.Edward@epa.gov.
BILLING CODE 6560–50–P published in the Federal Register on SUPPLEMENTARY INFORMATION:
June 8, 2018 (83 FR 26597), on page Throughout this document ‘‘we,’’ ‘‘us,’’
26598, in the second column, the table: or ‘‘our’’ refer to the EPA. This section
ENVIRONMENTAL PROTECTION
AGENCY provides additional information by
TABLE 1—2017 MOTOR VEHICLE addressing the following:
40 CFR Part 52 EMISSIONS BUDGETS FOR NYMTC
I. Background
[Tons per year] II. What comments were received in response
[Docket No. EPA–R02–OAR–2018–0197;
FRL–9981–63—Region 2] to the EPA’s proposed rule?
Year VOC NOX III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
Adequacy Status of Motor Vehicle 2017 .................. 65.69 117.21
Emissions Budgets for the New York I. Background
Portion of the New York-Northern New is corrected to read: The Clean Air Act (CAA) requires that
Jersey-Long Island, NY-NJ-CT, 2008 8- state 1 regulatory agencies implement
Hour Ozone Nonattainment Area; TABLE 1—2017 MOTOR VEHICLE the emission guidelines and compliance
Correction EMISSIONS BUDGETS FOR NYMTC times using a state plan developed
AGENCY: Environmental Protection [Tons per day] under sections 111(d) and 129 of the
Agency (EPA). CAA.
ACTION: Notification of adequacy; Year VOC NOX The general provisions for the
correction. submittal and approval of state plans are
2017 .................. 65.69 117.21 codified in 40 CFR part 60, subpart B
SUMMARY: This document corrects an and 40 CFR part 62, subpart A. Section
error in the table posted in the June 8, Authority: 42 U.S.C. 7401–7671 q. 111(d) establishes general requirements
2018, notification of adequacy of the and procedures on state plan submittals
Dated: July 20, 2018.
motor vehicle emission budgets (MVEB) for the control of designated pollutants.
Peter D. Lopez, Section 129 requires emission
for the New York portions of the New
York-Northern New Jersey-Long Island, Regional Administrator, Region 2. guidelines to be promulgated for all
NY-NJ-CT 8-hour ozone nonattainment [FR Doc. 2018–17369 Filed 8–13–18; 8:45 am] categories of solid waste incineration
area. The MVEBs were submitted by BILLING CODE 6560–50–P units, including commercial and
New York State Department of industrial solid waste incineration
Environmental Conservation as part of (CISWI) units. A CISWI unit is defined,
the SIP revision for the area’s 2008 8- ENVIRONMENTAL PROTECTION in general, as ‘‘any distinct operating
hour ozone nonattainment area. The AGENCY unit of any commercial or industrial
MVEB budget table in the original post facility that combusts, or has combusted
40 CFR Part 62 in the preceding 6 months, any solid
listed incorrect units for the actual
MVEBs. The Environmental Protection [EPA–R02–OAR–2018–0712; FRL–9981– waste as that term is defined at 40 CFR
Agency (EPA), therefore, is correcting 99—Region 2] 241.’’ See 40 CFR 60.2875. Section 129
the table to show the correct units. mandates that all plan requirements be
DATES: This correction is effective on Approval and Promulgation of State at least as protective as the promulgated
August 14, 2018. Plans for Designated Facilities and emission guidelines. This includes fixed
Pollutants; United States Virgin final compliance dates, fixed
FOR FURTHER INFORMATION CONTACT:
Islands; Commercial and Industrial compliance schedules, and Title V
Hannah Greenberg, Environmental
Solid Waste Incineration Units permitting requirements for all affected
Protection Agency Region 2, Air
Programs Branch, 290 Broadway, 25th sources. Section 129 also requires that
AGENCY: Environmental Protection
Floor, New York, New York 10007– state plans be submitted to EPA within
Agency (EPA).
1866; (212) 637–3829, one year after EPA’s promulgation of the
ACTION: Final rule. emission guidelines and compliance
greenberg.hannah@epa.gov.
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SUMMARY: The Environmental Protection times.
SUPPLEMENTARY INFORMATION: EPA
States have options other than
published a notification of adequacy on Agency (EPA) is approving a Clean Air
submitting a state plan in order to fulfill
June 8, 2018, (83 FR 26597) which Act (CAA) section 111(d)/129 negative
found that the 2017 MVEBs for volatile declaration for the United States Virgin 1 Section 302(d) of the CAA includes the United
organic compounds (VOCs) and Islands, for Commercial and industrial States Virgin Islands in the definition of the term
nitrogen oxides (NOX) submitted by the solid waste incineration (CISWI) units. ‘‘State.’’
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![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40155
■ 2. Subpart CCC is amended by adding 445 12th Street SW, Room CY–A257, upon a demonstration that waiver will
an undesignated center heading and Washington, DC 20554. To request serve the public interest and not
§ 62.13359 to read as follows: materials in accessible formats for undermine the objectives of the freeze.
people with disabilities, send an email This document does not contain
Air Emissions From Commercial and proposed information collection
to FCC504@fcc.gov or call the Consumer
Industrial Solid Waste Incineration & Governmental Affairs Bureau at 202– requirements subject to the Paperwork
(CISWI) Units That Commenced 418–0530 (voice), 202–418–0432 (TTY). Reduction Act of 1995, Public Law 104–
Construction on or Before June 4, 2010, Background. On August 3, 2017, the 13. In addition, therefore, it does not
or That Commenced Modification or Commission released a Notice of Inquiry contain any proposed information
Reconstruction After June 4, 2010 But titled Expanding Flexible Use in Mid- collection burden for small business
Not Later Than August 7, 2013 Band Spectrum Between 3.7 and 24 GHz concerns with fewer than 25 employees,
§ 62.13359 Identification of plan—negative (NOI). In that NOI, the Commission pursuant to the Small Business
declaration. sought detailed comment on frequency Paperwork Relief Act of 2002, Public
Letter from the Virgin Islands bands that had garnered interest to Law 107–198, see 44 U.S.C. 3506(c)(4).
Department of Planning and Natural potentially support increased flexible The Commission will not send a copy
Resources submitted August 17, 2016 to broadband uses, including the 3.7–4.2 of this document pursuant to the
Regional Administrator Judith A. Enck GHz band. To preserve the current Congressional Review Act, see 5 U.S.C.
certifying that the United States Virgin landscape of authorized operations 801(a)(1)(A), because the adopted rules
Islands has no existing units pursuant to pending Commission action as part of are rules of agency organization,
40 CFR part 60, subpart DDDD, that its ongoing inquiry into the possibility procedure, or practice that do not
commenced construction on or before of permitting terrestrial broadband use ‘‘substantially affect the rights or
June 4, 2010, or that commenced and more intensive fixed use of the obligations of non-agency parties.
modification or reconstruction after band (Mid-band Proceeding), the Federal Communications Commission.
June 4, 2010 but not later than August International, Public Safety and Troy Tanner,
7, 2013. Homeland Security, and Wireless
Deputy Chief, International Bureau.
Telecommunications Bureaus
[FR Doc. 2018–17371 Filed 8–13–18; 8:45 am] [FR Doc. 2018–17297 Filed 8–13–18; 8:45 am]
announced a temporary freeze effective
BILLING CODE 6712–01–P
BILLING CODE 6560–50–P on April 19, 2018, on the filing of new
or modification applications for FSS
earth station licenses, FSS receive-only
FEDERAL COMMUNICATIONS earth station registrations, and fixed DEPARTMENT OF COMMERCE
COMMISSION microwave licenses in the 3.7–4.2 GHz
frequency band. The Bureau also National Telecommunications and
47 CFR Part 25 announced a 90-day filing window Information Administration
[GN Docket Nos. 17–183, 18–122; DA 18– during which operators of existing, but
unregistered or unlicensed, earth DEPARTMENT OF TRANSPORTATION
640]
stations operating in the 3.7–4.2 GHz
Notification of Temporary Filing Freeze band could continue to file applications. National Highway Traffic Safety
on New Fixed-Satellite Service Space See 83 FR 21746. The Bureau extended Administration
Station Applications in the 3.7–4.2 GHz this filing window for an additional 90-
Band days on June 21, 2018. 47 CFR Part 400
Temporary Freeze. To further [Docket No. 170420407–8048–02]
AGENCY: Federal Communications preserve the landscape of authorized
Commission. operations in the 3.7–4.2 GHz band RIN 0660–AA33; RIN 2127–AL86
ACTION: Final action. pending Commission action as part of 911 Grant Program
SUMMARY: In this document, the its ongoing inquiry in the Mid-band
Proceeding, the Bureau announces a AGENCY: National Telecommunications
International Bureau (Bureau)
temporary freeze, effective as of June 21, and Information Administration (NTIA),
announces a temporary freeze on the
2018, on the filing of new space station Commerce (DOC); and National
filing of new space station license
license applications and new requests Highway Traffic Safety Administration
applications and new requests for U.S.
for U.S. market access through non-U.S.- (NHTSA), Department of Transportation
market access through non-U.S.-
licensed space stations in the 3.7–4.2 (DOT).
licensed space stations to provide fixed-
satellite service (FSS) in the 3.7–4.2 GHz band. During the freeze, the ACTION: Final rule; correcting
International Bureau will dismiss any amendments.
GHz band.
new space station license applications
DATES: The temporary freeze was SUMMARY: On August 3, 2018, the
and new requests for access to the U.S.
effective June 21, 2018. market through non-U.S.-licensed space National Telecommunications and
FOR FURTHER INFORMATION CONTACT: stations, or those parts of any such Information Administration (NTIA) and
Christopher Bair, 202–418–0945 or Paul applications and requests, that seek to the National Highway Traffic Safety
Blais, 202–418–7274. operate in the 3.7–4.2 GHz band. The Administration (NHTSA) published a
SUPPLEMENTARY INFORMATION: This is a freeze does not apply to applications for final rule that revised the implementing
summary of the Commission’s modification of existing authorizations, regulations for the 911 Grant Program,
document, DA 18–640, released June 21, relocations of existing space stations as a result of the enactment of the Next
amozie on DSK3GDR082PROD with RULES
2018. The full text of this document is pursuant to the Commission’s fleet Generation 911 (NG911) Advancement
available at https://docs.fcc.gov/public/ management policy, or to applications Act of 2012. This document corrects
attachments/DA-18-640A1.pdf. It is also for replacement space stations. numbering errors in the regulatory text.
available for inspection and copying Waiver Requests. The International DATES: Effective on August 14, 2018.
during business hours in the FCC Bureau will consider requests for waiver FOR FURTHER INFORMATION CONTACT:
Reference Information Center, Portals II, of this freeze on a case-by-case basis and Michael Vasquez, Attorney-Advisor,
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Document Created: 2018-08-14 02:19:19
Document Modified: 2018-08-14 02:19:19
| 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 final rule is effective on September 13, 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 40153 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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