83 FR 45589 - Approval and Promulgation of State Plans for Designated Facilities; New York
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45589-45592 | |
| FR Document | 2018-19598 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Proposed Rules] [Pages 45589-45592] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19598] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2018-0564, FRL-9983-42--Region 2] Approval and Promulgation of State Plans for Designated Facilities; New York AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the State plan submitted by New York State to implement and enforce Emission Guidelines (EG) for existing large municipal waste combustor (MWC) units. The State plan is consistent with the amended EG promulgated by EPA on May 10, 2006. New York's plan establishes emission limits and other requirements for the purpose of reducing emissions of lead, mercury, cadmium, organics, hydrogen chloride and other air pollutants from large MWC units throughout the State. New York submitted its plan to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act. DATES: Comments must be received on or before October 10, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2018-0564 to 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: Anthony (Ted) Gardella ([email protected]), Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3892. SUPPLEMENTARY INFORMATION: The following table of contents describes the format for the SUPPLEMENTARY INFORMATION section: I. EPA Action A. What action is EPA proposing today? B. Who is affected by New York's revised State plan? C. How does this approval affect sources located in Indian Nation Land? II. Background A. What is a State plan? B. Why is EPA requiring New York to submit a revised large MWC State plan? C. What are the requirements for a revised large MWC State plan? D. What revisions did EPA make to subpart Cb as amended on May 10, 2006? III. New York's State Plan A. What is contained in the New York State revised plan? B. What approval criteria did we use to evaluate New York's revised State plan? IV. What is EPA's conclusion? V. Statutory and Executive Order Reviews I. EPA Action A. What action is EPA proposing today? EPA is proposing to approve New York's revised State plan, submitted on July 12, 2013, for the control of air emissions from existing large municipal waste combustor (MWC) units throughout the State, except for any existing large MWC units located in Indian Nation Land. In accordance with the Clean Air Act (CAA), New York previously submitted a State plan on December 15, 1997, as supplemented on June 22, 1998, which was approved by EPA on August 4, 1998, 63 FR 41427. New York also submitted a revised State plan on October 7, 1998, as supplemented on November 5, 1998 which was approved by the EPA on February 9, 1999, 64 FR 6237. New York [[Page 45590]] submitted its July 2013 revised plan to fulfill the requirements of section 111(d) and 129 of the CAA. The revised State plan adopts and implements the Emission Guidelines (EG) amended by EPA on May 10, 2006 applicable to existing large MWC units, and establishes revised emission limits and other requirements for units constructed on or before September 20, 1994. This proposed approval, once finalized and effective, will make New York's revised large MWC rules included in the State plan federally enforceable. B. Who is affected by New York's revised State plan? New York's revised State plan regulates all the units designated by the amended EG applicable to existing large MWC units with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction commenced on or before September 20, 1994. C. How does this approval affect sources located in Indian Nation Land? New York's revised State plan is not applicable to units located in Indian Nation Land. Therefore, if there are any existing large MWC units located in Indian Nation Land these existing large MWC units will be subject to the Federal plan.\1\ --------------------------------------------------------------------------- \1\ The EPA has not yet promulgated a Federal plan for the May 2006 large MWC EG. The current Federal plan was promulgated on May 24, 2000 (65 FR 33461) and amended on July 14, 2004 (69 FR 42117) for the large MWC EG promulgated on August 25, 1997 (62 FR 45124) as amended on July 12, 2001 (66 FR 36473). --------------------------------------------------------------------------- II. Background A. What is a State plan? Section 111 of the CAA, ``Standards of Performance for New Stationary Sources,'' authorizes EPA to set air emissions standards for certain categories of sources. These standards are called New Source Performance Standards (NSPS). When a NSPS is promulgated for new sources, section 111(d) and EPA regulations also require that EPA publish an EG applicable to control the same pollutants from existing (or designated) facilities. States with designated facilities must then develop a State plan to adopt the requirements of the EG into the State's body of regulations. States must also include in their State plan other requirements, such as inventories, legal authority, reporting and recordkeeping, and public participation documentation, to demonstrate their ability to enforce the State plans. Section 129 of the CAA requires EPA to establish performance standards and emission guidelines for various types of new and existing solid waste incineration units. Section 129(b)(2) requires States to submit to EPA for approval section 111(d)/129 plans that implement and enforce the promulgated EG. Section 129(b)(3) requires EPA to promulgate a Federal plan (FP) within two years from the date on which the EG, or when revision to the EG, is promulgated. The FP is applicable to affected facilities when the state has failed to receive EPA approval of the section 111(d)/129 plan. The FP remains in effect until the state submits and receives EPA approval of its section 111(d)/129 plan. State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant EG, in this instance 40 CFR part 60, subpart Cb, and the requirements of 40 CFR part 60, subpart B and part 62, subpart A. Section 129 of the CAA regulates air pollutants that include organics (dioxins/furans), carbon monoxide, metals (cadmium, lead, and mercury), hydrogen chloride, sulfur dioxide, nitrogen oxides, particulate matter, and opacity (as appropriate). B. Why is EPA requiring New York to submit a revised large MWC State plan? When EPA developed the amended NSPS for large MWC units, we simultaneously developed the amended EG to control air emissions from existing units (see 71 FR 27324, May 10, 2006). Under section 129 of the CAA, the EG is not federally enforceable; therefore, section 129 of the CAA also requires states to submit to EPA for approval State plans that implement and enforce the EG. Under section 129 of the CAA, these State plans must be at least as protective as the EG, and they become federally enforceable upon approval by EPA. The procedures for adopting and submitting State plans are located in 40 CFR part 60, subpart B. If a state fails to have an approvable plan in place, the EPA is required to promulgate a federal plan to establish requirements for those sources not under an EPA-approved State plan. New York has developed and submitted a revised State plan, as required by sections 111(d)/129 of the CAA, to gain federal approval to implement and enforce the requirements of the amended EG for existing large MWC units. The procedures for EPA's approval and disapproval of State plans are located in 40 CFR part 62, subpart A. EPA is proposing to approve New York's State plan since it is deemed at least as protective as the standards set in the EG, as amended on May 10, 2006. C. What are the requirements for a revised large MWC State plan? A section 111(d) State plan submittal must meet the requirements of 40 CFR part 60, subpart B, sections 60.23 through 60.26, and the amended EG found at 40 CFR part 60, subpart Cb (see 71 FR 27324, May 10, 2006). Subpart B contains the procedures for the adoption and submittal of State plans. This subpart addresses public participation, legal authority, emission standards and other emission limitations, compliance schedules, emission inventories, source surveillance, and compliance assurance and enforcement requirements. EPA promulgated the amended EG at 40 CFR part 60, subpart Cb on May 10, 2006. Subpart Cb contains guidelines to the states for submittal of plans that address existing large MWC units. In addition, subpart Cb contains the technical requirements for existing large MWC units located at a facility designed to combust municipal solid waste and applies to each MWC unit with a combustion capacity greater than 250 tons per day for which construction was commenced on or before September 20, 1994. A state can address the large MWC technical requirements by adopting its own regulation that includes all the applicable requirements of subpart Cb or by incorporating by reference subpart Cb if the state meets certain requirements. States with affected facilities are required to submit to EPA a section 111(d)/129 plan to implement and enforce all provisions of subpart Cb, as amended on May 10, 2006. Prior to submittal to EPA, the State must make available to the public the State plan and provide opportunity for public comment, including a public hearing. D. What revisions did EPA make to subpart Cb as amended on May 10, 2006? Section 129(a)(5) of the CAA requires EPA to conduct 5-year reviews of NSPS for solid waste incinerators and amend standards and requirements as appropriate. Accordingly, EPA promulgated amended standards and requirements for large MWCs on May 10, 2006. This rulemaking resulted in two major revisions as well as other revisions. The two major revisions include revisions to emission limits and revisions to compliance testing provisions. Relative to the 1995 EG, the emission limits in the May 2006 rulemaking for existing large MWC units are revised for dioxin/furans (only for units equipped with electrostatic precipitators), mercury, cadmium, lead, particulate [[Page 45591]] matter, and nitrogen oxides (for some types of units). The second major revision to the EG included revisions to the compliance testing provisions to require increased data availability from continuous emissions monitoring Systems (CEMS). CEMS are required to generate at least 95% data availability on a calendar year basis and at least 90% data availability on a calendar quarter basis. Also, the compliance testing provisions have also been revised to allow the optional use of CEMS to monitor particulate matter and mercury. Other revisions include the following:Operator stand-in provisions to clarify how long a shift supervisor is allowed to be off site when a provisionally certified control room operator is standing in; An 8-hour block average for measuring activated carbon injection rate; A provision for waiver of operating parameter limits during the mercury performance tests and two weeks preceding the test, as is already allowed for dioxin testing; A revision to the relative accuracy criterion for sulfur dioxide and carbon monoxide CEMS; Flexibility to the annual compliance testing schedule so that a facility tests once per calendar year, but no less than 9 months and not more than 15 months since the previous test; Allowing the use of parametric monitoring limits from an exceptionally well-operated MWC unit to be applied to all identical units at the same plant site without retesting for dioxin; The option of monitoring the activated carbon injection pressure or equivalent parameter; and Clarifying the exclusion of monitoring data from compliance calculations under certain conditions. New York's revised State plan submittal in July 2013 for existing large MWCs includes all the revisions to subpart Cb, as amended on May 10, 2006. III. New York's State Plan A. What is contained in the New York State revised plan? On July 12, 2013,\2\ the New York State Department of Environmental Conservation (NYSDEC) submitted to EPA its section 111(d)/129 State plan to implement EPA's amended EG for existing large MWC units located in New York State. --------------------------------------------------------------------------- \2\ In an email dated 12/06/2017, the New York State Department of Environmental Conservation provided a copy of the NYS Office of Attorney General opinion finding that NY state administrative agencies are authorized to incorporate by reference federal statutes and regulations that are applicable to the state, and that such action is not prohibited by the NYS constitution. --------------------------------------------------------------------------- New York has incorporated by reference the applicable requirements of the amended EG in Part 200 of Title 6 of the New York Code of Rules and Regulations (6 NYCRR) of the State of New York, entitled ``General Provisions.'' The amended regulation became effective on October 20, 2007. New York will enforce the requirements under Part 201, entitled ``Permits and Registration.'' By adopting the requirements of the amended EG into Part 200, NYSDEC has the authority to include them as applicable requirements in permits of emission sources subject to such requirements. As a result, the Part 200 requirements are enforceable by New York and become federally enforceable once the State plan is approved by EPA. New York's revised State plan includes all of EPA's required elements as described in the amended EG and 40 CFR subpart B, as summarized herein: (1) A demonstration of the State's legal authority to implement the sections 111(d) and 129 State plan; (2) State rules adopting the amended EG (6 NYCRR Part 200) as the mechanism for implementing and enforcing the State plan; (3) An inventory of seven known large MWC facilities, including eighteen large MWC units, along with an inventory of their air pollutant emissions (see section C of New York's State plan); (4) Emission limits, emission standards, operator training and qualification requirements, and operating limits that are at least as protective as the amended EG; (5) Enforceable compliance schedules as indicated in the amended EG. Compliance with revised emission limits (see 60.39b) is required as expeditiously as practicable, but not later than April 28, 2009 except as noted in 60.39b(g)(2) for a facility planning an extensive emission control system upgrade who petitions the Administrator for a longer compliance schedule. If approved by the Administrator, the longer compliance schedule may be extended but not later than May 10, 2011. In the event that no plan for implementing the amended EG is approved by EPA, the applicable large MWC units must be in compliance with all requirements of the amended EG no later than May 10, 2011 (see 60.39b(h)). (6) Testing, monitoring, reporting and recordkeeping requirements for the designated facilities; (7) Records of the public hearing on the revised State plan; and, (8) Provisions for annual state progress reports to EPA on implementation of the revised State plan. EPA proposes to determine that New York's revised State plan for large MWC units includes all the required State plan elements described in the amended EG and 40 CFR subpart. B. What approval criteria did we use to evaluate New York's revised State plan? EPA reviewed New York's revised State plan for approval against the following criteria: 40 CFR 60.23 through 60.26, ``Subpart B--Adoption and Submittal of State Plans for Designated Facilities;'' and ``Subpart Cb Emission Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994;'' and 40 CFR 62, subpart A, ``General Provisions'' for ``Approval and Promulgation of State Plans for Designated Facilities and Pollutants.'' IV. What is EPA's conclusion? The EPA has determined that New York's revised State plan meets all the applicable approval criteria as discussed above and, therefore, EPA is proposing to approve New York State's sections 111(d) and 129 revised State plan for existing large municipal waste combustor units. V. Statutory and Executive Order Reviews Pursuant to EPA regulations, the Administrator may approve a plan or any portion thereof upon a determination that it meets Sections 111(d) and 129 of the Act and applicable regulations. 40 CFR Section 62.02. 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.); [[Page 45592]] 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 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). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides, waste treatment and disposal. Authority: 42 U.S.C. 7401 et seq. Dated: August 19, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018-19598 Filed 9-7-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45589
at (919) 541–4860 or at gates.adrian@ September 24, 2018. We may not be able outside of the primary submission (i.e.,
epa.gov. The last day to pre-register to to arrange accommodations without on the web, cloud, or other file sharing
speak at the hearing will be September advanced notice. system). For additional submission
24, 2018. On September 28, 2018, the Dated: September 4, 2018. methods, the full EPA public comment
EPA will post at https://www.epa.gov/ Panagiotis Tsirigotis,
policy, information about CBI or
stationary-sources-air-pollution/forms/ multimedia submissions, and general
Director, Office of Air Quality Planning and
affordable-clean-energy-rule-proposal- Standards.
guidance on making effective
public-hearing a general agenda for the comments, please visit http://
[FR Doc. 2018–19505 Filed 9–7–18; 8:45 am]
hearing that will list pre-registered www2.epa.gov/dockets/commenting-
BILLING CODE 6560–50–P
speakers in approximate order. The EPA epa-dockets.
will make every effort to follow the FOR FURTHER INFORMATION CONTACT:
schedule as closely as possible on the ENVIRONMENTAL PROTECTION Anthony (Ted) Gardella
day of the hearing; however, please plan AGENCY (Gardella.anthony@epa.gov), Air
for the hearing to run either ahead of Programs Branch, 290 Broadway, 25th
schedule or behind schedule. 40 CFR Part 62 Floor, New York, New York 10007–
Additionally, requests to speak will be 1866, (212) 637–3892.
taken the day of the hearing at the [EPA–R02–OAR–2018–0564, FRL–9983–
42—Region 2] SUPPLEMENTARY INFORMATION: The
hearing registration desk. The EPA will following table of contents describes the
make every effort to accommodate all Approval and Promulgation of State format for the SUPPLEMENTARY
speakers who arrive and register, Plans for Designated Facilities; New INFORMATION section:
although preferences on speaking times York I. EPA Action
may not be able to be fulfilled. A. What action is EPA proposing
SUPPLEMENTARY INFORMATION: Each AGENCY: Environmental Protection today?
commenter will have 5 minutes to Agency (EPA). B. Who is affected by New York’s
provide oral testimony. The EPA ACTION: Proposed rule. revised State plan?
encourages commenters to provide the C. How does this approval affect
EPA with a copy of their oral testimony SUMMARY: The Environmental Protection sources located in Indian Nation
electronically (via email) or in hard Agency (EPA) is proposing to approve Land?
copy form. the State plan submitted by New York II. Background
The EPA may ask clarifying questions State to implement and enforce A. What is a State plan?
during the oral presentations, but will Emission Guidelines (EG) for existing B. Why is EPA requiring New York to
not respond to the presentations at that large municipal waste combustor submit a revised large MWC State
time. Written statements and supporting (MWC) units. The State plan is plan?
information submitted during the consistent with the amended EG C. What are the requirements for a
comment period will be considered promulgated by EPA on May 10, 2006. revised large MWC State plan?
with the same weight as oral comments New York’s plan establishes emission D. What revisions did EPA make to
and supporting information presented at limits and other requirements for the subpart Cb as amended on May 10,
the public hearing. Commenters should purpose of reducing emissions of lead, 2006?
notify Adrian Gates if they will need mercury, cadmium, organics, hydrogen III. New York’s State Plan
specific equipment or if there are other chloride and other air pollutants from A. What is contained in the New York
special needs related to providing large MWC units throughout the State. State revised plan?
comments at the hearing. Verbatim New York submitted its plan to fulfill B. What approval criteria did we use
transcripts of the hearing and written the requirements of sections 111(d) and to evaluate New York’s revised
statements will be included in the 129 of the Clean Air Act. State plan?
docket for the rulemaking. DATES: Comments must be received on IV. What is EPA’s conclusion?
Please note that any updates made to or before October 10, 2018. V. Statutory and Executive Order
any aspect of the hearing will be posted ADDRESSES: Submit your comments,
Reviews
online at https://www.epa.gov/ identified by Docket ID No. EPA–R02– I. EPA Action
stationary-sources-air-pollution/forms/ OAR–2018–0564 to http://
affordable-clean-energy-rule-proposal- www.regulations.gov. Follow the online A. What action is EPA proposing today?
public-hearing. While the EPA expects instructions for submitting comments. EPA is proposing to approve New
the hearing to go forward as set forth Once submitted, comments cannot be York’s revised State plan, submitted on
above, please monitor our website or edited or removed from Regulations.gov. July 12, 2013, for the control of air
contact Adrian Gates at (919) 541–4860 The EPA may publish any comment emissions from existing large municipal
or gates.adrian@epa.gov to determine if received to its public docket. Do not waste combustor (MWC) units
there are any updates. The EPA does not submit electronically any information throughout the State, except for any
intend to publish a document in the you consider to be Confidential existing large MWC units located in
Federal Register announcing updates. Business Information (CBI) or other Indian Nation Land. In accordance with
The EPA will not provide audiovisual information whose disclosure is the Clean Air Act (CAA), New York
equipment for presentations unless we restricted by statute. Multimedia previously submitted a State plan on
daltland on DSKBBV9HB2PROD with PROPOSALS
receive special requests in advance. submissions (audio, video, etc.) must be December 15, 1997, as supplemented on
Commenters should notify Adrian Gates accompanied by a written comment. June 22, 1998, which was approved by
when they pre-register to speak that The written comment is considered the EPA on August 4, 1998, 63 FR 41427.
they will need specific equipment. If official comment and should include New York also submitted a revised State
you require the service of a translator or discussion of all points you wish to plan on October 7, 1998, as
special accommodations such as audio make. supplemented on November 5, 1998
description, please pre-register for the The EPA will generally not consider which was approved by the EPA on
hearing and describe your needs by comments or comment contents located February 9, 1999, 64 FR 6237. New York
VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1](https://thefederalregister.org/doc/83_FR_45764/page/1.svg)
![45592 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules
• is certified as not having a DEPARTMENT OF DEFENSE Room 3B941, 3060 Defense Pentagon,
significant economic impact on a Washington, DC 20301–3060.
substantial number of small entities Defense Acquisition Regulations Comments received generally will be
under the Regulatory Flexibility Act (5 System posted without change to http://
U.S.C. 601 et seq.); www.regulations.gov, including any
48 CFR Parts 232, 242, and 252 personal information provided. To
• does not contain any unfunded
[Docket DARS–2018–0042] confirm receipt of your comment(s),
mandate or significantly or uniquely
please check www.regulations.gov,
affect small governments, as described RIN 0750–AJ28 approximately two to three days after
in the Unfunded Mandates Reform Act submission to verify posting (except
of 1995 (Pub. L. 104–4); Performance-Based Payments and allow 30 days for posting of comments
• does not have Federalism Progress Payments (DFARS Case submitted by mail).
implications as specified in Executive 2017–D019)
FOR FURTHER INFORMATION CONTACT: Ms.
Order 13132 (64 FR 43255, August 10, AGENCY: Defense Acquisition Amy Williams, DPC/DARS, at 571–372–
1999); Regulations System, Department of 6106.
• is not an economically significant Defense (DoD). SUPPLEMENTARY INFORMATION:
regulatory action based on health or ACTION: Proposed rule; extension of
registration deadline for public meeting. I. Background
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); On August 24, 2018, DoD published a
SUMMARY: For the public meeting to be proposed rule in the Federal Register on
• is not a significant regulatory action held on September 14, 2018, from 9 a.m. August 24, 2018 (83 FR 42831) to
subject to Executive Order 13211 (66 FR to 12 p.m., EST, regarding the proposed implement section 831 of the National
28355, May 22, 2001); rule published in the Federal Register Defense Authorization Act for Fiscal
• is not subject to requirements of on August 24, 2018, at 83 FR 42831, the Year 2017, which addresses the
Section 12(d) of the National registration deadline is extended from preference for performance-based
Technology Transfer and Advancement September 6, 2018, to September 11, payments, and to streamline the
Act of 1995 (15 U.S.C. 272 note) because 2018, at 12 p.m., EST. performance-based payment process.
application of those requirements would DATES: Comment Date: Comments on DoD is also proposing to amend the
be inconsistent with the CAA; and the proposed rule should be submitted Defense Federal Acquisition Regulation
in writing to the address shown below Supplement to revise progress payments
• does not provide EPA with the on or before October 23, 2018, to be and performance-based payments
discretionary authority to address, as considered in the formation of a final policies for DoD contracts in order to
appropriate, disproportionate human rule. increase its business effectiveness and
health or environmental effects, using Public Meeting Date: The public efficiency as well as to provide an
practicable and legally permissible meeting will be held on September 14, opportunity for both small and other
methods, under Executive Order 12898 2018, from 9 a.m. to 12 p.m., EST. than small entities to qualify for
(59 FR 7629, February 16, 1994). Registration to attend this meeting must increased customary progress payment
In addition, this proposed rule is not be received by September 11, 2018, at rates and maximum performance-based
approved to apply on any Indian 12 p.m., EST. Further information for payment rates based on whether the
reservation land or in any other area the public meeting may be found under offeror/contractor has met certain
where EPA or an Indian tribe has the heading SUPPLEMENTARY performance criteria.
INFORMATION.
demonstrated that a tribe has II. Public Meeting
jurisdiction. In those areas of Indian ADDRESSES:
country, the rule does not have tribal Public Meeting: The public meeting DoD is hosting a public meeting on
implications and will not impose will be held at the Mark Center September 14, 2018, to obtain views of
Auditorium, 4800 Mark Center Drive, experts and interested parties in
substantial direct costs on tribal
Alexandria, VA 22350–3603. The Mark Government and the private sector
governments or preempt tribal law as
Center Auditorium is located on level regarding revising policies and
specified by Executive Order 13175 (65
B–1 of the building. procedures with regard to customary
FR 67249, November 9, 2000). progress payment rates and maximum
Submission of Comments: Submit
List of Subjects in 40 CFR Part 62 comments identified by DFARS Case performance-based payment rates for
2017–D019, using any of the following DoD contracts.
Environmental protection, methods: Registration: Individuals wishing to
Administrative practice and procedure, Æ Federal eRulemaking Portal: http:// attend the public meeting must register
Air pollution control, Intergovernmental www.regulations.gov. Search for by 12 p.m., EST, on September 11, 2018,
relations, Reporting and recordkeeping ‘‘DFARS Case 2017–D019.’’ Select to ensure adequate room
requirements, Sulfur oxides, waste ‘‘Comment Now’’ and follow the accommodations and to facilitate
treatment and disposal. instructions provided to submit a security screening and entry to the Mark
comment. Please include ‘‘DFARS Case Center. Individuals desiring to attend
Authority: 42 U.S.C. 7401 et seq. the meeting, who have not yet
2017–D019’’ on any attached
daltland on DSKBBV9HB2PROD with PROPOSALS
Dated: August 19, 2018. documents. registered, should send the following
Peter D. Lopez, Æ Email: osd.dfars@mail.mil. Include information via email to osd.dfars@
Regional Administrator, Region 2. DFARS Case 2017–D019 in the subject mail.mil:
line of the message. (1) Company or organization name.
[FR Doc. 2018–19598 Filed 9–7–18; 8:45 am]
Æ Fax: 571–372–6094. (2) Full name, valid email address,
BILLING CODE 6560–50–P
Æ Mail: Defense Acquisition and telephone number of each person
Regulations System, Attn: Ms. Amy G. planning to attend, and whether the
Williams, OUSD(A&S)DPC/DARS, individual is a U.S. citizen.
VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1](https://thefederalregister.org/doc/83_FR_45764/page/4.svg)
Document Created: 2018-09-08 00:43:02
Document Modified: 2018-09-08 00:43:02
| 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 October 10, 2018. | |
| Contact | Anthony (Ted) Gardella ([email protected]), Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3892. | |
| FR Citation | 83 FR 45589 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Sulfur Oxides and Waste Treatment and Disposal |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR