83 FR 768 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 5 (January 8, 2018)
Federal Register Volume 83, Issue 5 (January 8, 2018)
| Page Range | 768-770 | |
| FR Document | 2018-00115 |
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)] [Proposed Rules] [Pages 768-770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00115] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R08-OAR-2017-0552; FRL-_9971-27--Region 8] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d)/129 plan (the ``plan'') submitted by the Colorado Department of Public Health and Environment (CDPHE) on July 14, 2017. The plan would allow for the implementation of emissions guidelines for existing commercial and industrial solid waste incineration (CISWI) units within the jurisdiction of the State of Colorado. The plan creates new enforceable emissions limits and operating procedures for existing CISWI units within the State of Colorado in accordance with the requirements established by the revised CISWI new source performance standards (NSPS) and emission guidelines (EG), promulgated by the EPA on March 21, 2011, with subsequent final amendments to the rule promulgated on February 7, 2013. This proposed plan approval rulemaking is being taken in accordance with the requirements of sections 111(d) and 129 of the CAA and the relevant parts and subparts of the Code of Federal Regulations (CFR). DATES: Written comments must be received on or before February 7, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2017-0552 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.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: Gregory Lohrke, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, [email protected]. SUPPLEMENTARY INFORMATION: I. General Information What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to:Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register volume, date, and page number); Follow directions and organize your comments; Explain why you agree or disagree; Suggest alternatives and substitute language for your requested changes; Describe any assumptions and provide any technical information and/or data that you used; If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced; Provide specific examples to illustrate your concerns, and suggest alternatives; Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and, Make sure to submit your comments by the comment period deadline identified. II. Background Information Sections 111 and 129 of the CAA outline the EPA's statutory authority for regulating new and existing solid waste incineration units. Section 111(b) directs the EPA Administrator to publish and periodically revise a list of source categories which significantly cause or contribute to air pollution. This subsection also directs the Administrator to establish federal standards of performance for new sources within these categories. Section 111(d) grants the EPA statutory authority to require states to submit to the agency implementation plans for establishing performance standards applicable to existing sources belonging to those categories established in section 111(b). Section 129 specifically addresses solid waste combustion and requires that the EPA regulate new and existing waste incineration units pursuant to section 111 of the Act, including the requirement that a state in which existing designated facilities operate submit for approval a state plan for each category of regulated waste incineration units. Section 129(b)(3) requires the EPA to promulgate a federal plan for existing waste incineration units of any designated category located [[Page 769]] in any state which has not submitted an approvable 111(d)/129 state plan for said category of waste incineration unit. Such federal plans remain in effect until the state in question submits a new or revised state plan and subsequently receives approval and promulgation of the plan under 40 CFR part 62. State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant new or revised EG. Section 129(a)(1)(D) of the Act requires the EPA to develop and periodically revise operating standards for new and existing CISWI units. The NSPS and EG for CISWI units were promulgated on December 1, 2000, at 40 CFR part 60, subparts CCCC and DDDD, respectively. Revisions to the CISWI NSPS and EG were subsequently promulgated by the EPA on March 21, 2011 (76 FR 15704), with final actions on reconsideration of the rule published on February 7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). State plan requirements specific to CISWI units, along with a model rule to ease adoption of the EG, are found in subpart DDDD, while more general state plan requirements are found in 40 CFR part 60, subpart B, and part 62, subpart A. The guidelines found in subpart DDDD require that states impose emission limits on designated facilities for those pollutants regulated under section 129, including: Dioxins/furans, carbon monoxide, metals (cadmium, lead and mercury), hydrogen chloride, sulfur dioxide, oxides of nitrogen, opacity and particulate matter. The EG also requires state plans include essential elements pursuant to section 129 requirements, including: Monitoring, operator training and facility permitting requirements. On July 14, 2017, the CDPHE submitted to the EPA a new section 111(d)/129 state plan for existing CISWI units in the State of Colorado. The current state plan is a negative declaration letter certifying the absence of any known designated facilities regulated under the CISWI rule. The negative declaration was approved and promulgated by the EPA on September 17, 2003 (68 FR 54373), at 40 CFR part 62, subpart G. Since the revision of the CISWI rule, the State of Colorado has identified at least one operational designated facility which would be regulated under the revised rule, and has submitted a new state plan, summarized in the following section, to comply with CAA section 111/129 requirements. III. Summary of Colorado's Section 111(d)/129 Plan for Existing CISWI Units The EPA has completed a review of the new Colorado section 111(d)/ 129 plan submittal in the context of the requirements of 40 CFR part 60, subparts B and DDDD, and part 62, subpart A. The EPA has determined that the plan submittal meets the requirements found in the above-cited subparts. Accordingly, the EPA proposes to approve the submitted state plan. The EPA's proposed approval action is limited to the new CISWI state plan and the subpart DDDD ``Model Rule'' addressing CISWI units as they are incorporated by the State of Colorado in the Code of Colorado Regulations (CCR) at 5 CCR 1001-8 Regulation No. 6, part A, subpart DDDD. A detailed summary of the submittal's compliance with the requirements found in the CFR is available in the technical support document (TSD) associated with this rulemaking action. The TSD will be available in the docket for this rulemaking action and may be found at the www.regulations.gov website. IV. Proposed Action The EPA is proposing approval of the Colorado 111(d)/129 state plan for existing CISWI units because the plan requirements are at least as stringent as the requirements for existing CISWI units found in 40 CFR part 60, subpart DDDD. The state plan was submitted pursuant to 40 CFR part 60, subparts DDDD and B, and part 62, subpart A. Accordingly, the EPA proposes to amend 40 CFR part 62, subpart G to reflect the acceptability of the state plan submittal. This proposed approval is limited to the provisions of 40 CFR parts 60 and 62 for existing CISWI units, as found in the emission guidelines of Part 60, subpart DDDD. The EPA Administrator will retain the authorities listed under Sec. Sec. 60.2542 and 60.2030(c). V. Statutory and Executive Order Review Under the CAA, the Administrator is required to approve a section 111(d)/129 plan submission that complies with the provisions of the Act and applicable federal regulations at 40 CFR 62.04. Thus, in reviewing section 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 merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not expected to be 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, Is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. In addition, this proposed rule is not approved to apply on any Indian reservation land or in any other area where the 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, Air pollution control, Commercial and industrial solid waste incineration, Intergovernmental relations, Reporting and recordkeeping requirements. [[Page 770]] Dated: January 2, 2018. Douglas H. Benevento, Regional Administrator, Region 8. [FR Doc. 2018-00115 Filed 1-5-18; 8:45 am] BILLING CODE 6560-50-P
![768 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
methods under Executive Order 12898 2011, with subsequent final copy of the comment that does not
(59 FR 7629, February 16, 1994). amendments to the rule promulgated on contain the information claimed as CBI
In addition, the SIP is not approved February 7, 2013. This proposed plan must be submitted for inclusion in the
to apply on any Indian reservation land approval rulemaking is being taken in public docket. Information so marked
or in any other area where the EPA or accordance with the requirements of will not be disclosed except in
an Indian tribe has demonstrated that a sections 111(d) and 129 of the CAA and accordance with procedures set forth in
tribe has jurisdiction. In those areas of the relevant parts and subparts of the 40 CFR part 2.
Indian country, the rule does not have Code of Federal Regulations (CFR). 2. Tips for preparing your comments.
tribal implications and will not impose DATES: Written comments must be When submitting comments, remember
substantial direct costs on tribal received on or before February 7, 2018. to:
governments or preempt tribal law as • Identify the rulemaking by docket
ADDRESSES: Submit your comments,
specified by Executive Order 13175 (65 number and other identifying
identified by Docket ID No. EPA–R08–
FR 67249, November 9, 2000). information (subject heading, Federal
OAR–2017–0552 at http://
Register volume, date, and page
List of Subjects in 40 CFR Part 52 www.regulations.gov. Follow the online
number);
instructions for submitting comments. • Follow directions and organize your
Environmental protection, Air
Once submitted, comments cannot be comments;
pollution control, Incorporation by
edited or removed from • Explain why you agree or disagree;
reference, Intergovernmental relations,
www.regulations.gov. The EPA may • Suggest alternatives and substitute
Nitrogen dioxide, Ozone, Particulate
publish any comment received to its language for your requested changes;
matter, Reporting and recordkeeping
requirements, Volatile organic
public docket. Do not submit • Describe any assumptions and
electronically any information you provide any technical information and/
compounds.
consider to be Confidential Business or data that you used;
Authority: 42 U.S.C. 7401 et seq. Information (CBI) or other information • If you estimate potential costs or
Dated: December 26, 2017. whose disclosure is restricted by statute. burdens, explain how you arrived at
Deborah Jordan, Multimedia submissions (audio, video, your estimate in sufficient detail to
Acting Regional Administrator, Region IX. etc.) must be accompanied by a written allow for it to be reproduced;
[FR Doc. 2018–00025 Filed 1–5–18; 8:45 am]
comment. The written comment is • Provide specific examples to
considered the official comment and illustrate your concerns, and suggest
BILLING CODE 6560–50–P
should include discussion of all points alternatives;
you wish to make. The EPA will • Explain your views as clearly as
ENVIRONMENTAL PROTECTION generally not consider comments or possible, avoiding the use of profanity
AGENCY comment contents located outside of the or personal threats; and,
primary submission (i.e., on the web, • Make sure to submit your
40 CFR Part 62 cloud, or other file sharing system). For comments by the comment period
additional submission methods, the full deadline identified.
[EPA–R08–OAR–2017–0552; FRL–_9971–
EPA public comment policy,
27—Region 8] II. Background Information
information about CBI or multimedia
submissions, and general guidance on Sections 111 and 129 of the CAA
Approval and Promulgation of State
making effective comments, please visit outline the EPA’s statutory authority for
Plans for Designated Facilities and
http://www2.epa.gov/dockets/ regulating new and existing solid waste
Pollutants; Colorado; Control of
commenting-epa-dockets. incineration units. Section 111(b)
Emissions From Existing Commercial
FOR FURTHER INFORMATION CONTACT:
directs the EPA Administrator to
and Industrial Solid Waste Incineration
Gregory Lohrke, Air Program, U.S. publish and periodically revise a list of
Units
Environmental Protection Agency source categories which significantly
AGENCY: Environmental Protection (EPA), Region 8, Mail Code 8P–AR, cause or contribute to air pollution. This
Agency (EPA). 1595 Wynkoop Street, Denver, Colorado subsection also directs the
ACTION: Proposed rule. 80202–1129, (303) 312–6396, Administrator to establish federal
lohrke.gregory@epa.gov. standards of performance for new
SUMMARY: The Environmental Protection sources within these categories. Section
SUPPLEMENTARY INFORMATION:
Agency (EPA) is proposing to approve a 111(d) grants the EPA statutory
Clean Air Act (CAA) section 111(d)/129 I. General Information authority to require states to submit to
plan (the ‘‘plan’’) submitted by the the agency implementation plans for
Colorado Department of Public Health What should I consider as I prepare my establishing performance standards
and Environment (CDPHE) on July 14, comments for EPA? applicable to existing sources belonging
2017. The plan would allow for the 1. Submitting Confidential Business to those categories established in section
implementation of emissions guidelines Information (CBI). Do not submit CBI to 111(b). Section 129 specifically
for existing commercial and industrial the EPA through http:// addresses solid waste combustion and
solid waste incineration (CISWI) units www.regulations.gov or email. Clearly requires that the EPA regulate new and
within the jurisdiction of the State of mark the part or all of the information existing waste incineration units
Colorado. The plan creates new that you claim to be CBI. For CBI pursuant to section 111 of the Act,
jstallworth on DSKBBY8HB2PROD with PROPOSALS
enforceable emissions limits and information on a disk or CD–ROM that including the requirement that a state in
operating procedures for existing CISWI you mail to the EPA, mark the outside which existing designated facilities
units within the State of Colorado in of the disk or CD–ROM as CBI and then operate submit for approval a state plan
accordance with the requirements identify electronically within the disk or for each category of regulated waste
established by the revised CISWI new CD–ROM the specific information that incineration units. Section 129(b)(3)
source performance standards (NSPS) is claimed as CBI. In addition to one requires the EPA to promulgate a federal
and emission guidelines (EG), complete version of the comment that plan for existing waste incineration
promulgated by the EPA on March 21, includes information claimed as CBI, a units of any designated category located
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![770 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
Dated: January 2, 2018. see the SUPPLEMENTARY INFORMATION of the substances of the presentations
Douglas H. Benevento, section of this document. and not merely a listing of the subjects
Regional Administrator, Region 8. FOR FURTHER INFORMATION CONTACT: discussed. More than a one or two
[FR Doc. 2018–00115 Filed 1–5–18; 8:45 am] Jerusha Burnett, Consumer Policy sentence description of the views and
BILLING CODE 6560–50–P Division, Consumer and Governmental arguments presented is generally
Affairs Bureau (CGB), at (202) 418- required. See 47 CFR 1.1206(b). Other
0526, email: Jerusha.Burnett@fcc.gov, or rules pertaining to oral and written ex
Karen A Schroeder, Consumer Policy parte presentations in permit-but-
FEDERAL COMMUNICATIONS Division, Consumer and Governmental disclose proceedings are set forth in
COMMISSION Affairs Bureau (CGB), at (202) 418–0654, § 1.1206(b) of the Commission’s rules,
email: Karen.Schroeder@fcc.gov. 47 CFR 1.1206(b).
47 CFR Part 64 To request materials in accessible
SUPPLEMENTARY INFORMATION: This is a
formats for people with disabilities
[CG Docket No. 17–59; FCC 17–151] summary of the Commission’s Further
(Braille, large print, electronic files,
Notice of Proposed Rulemaking
Advanced Methods To Target and audio format), send an email to: fcc504@
(FNPRM), document FCC 17–151,
Eliminate Unlawful Robocalls fcc.gov or call CGB at: (202) 418–0530
adopted on November 16, 2017, and (voice), or (202) 418–0432 (TTY). The
AGENCY: Federal Communications released on November 17, 2017. The full FNPRM can also be downloaded in
Commission. text of document FCC 17–151 will be Word or Portable Document Format
available for public inspection and (PDF) at: https://www.fcc.gov/
ACTION: Proposed rule.
copying via ECFS, and during regular document/fcc-adopts-rules-help-block-
SUMMARY: In this document, the business hours at the FCC Reference illegal-robocalls-0.
Commission invites comment on Information Center, Portals II, 445 12th
proposed changes to its rules. The Street SW, Room CY–A257, Initial Paperwork Reduction Act of
Commission proposes rules regarding Washington, DC 20554. A copy of 1995 Analysis
mechanisms to ensure that erroneously document FCC 17–151 and any The FNPRM seeks comment on
blocked calls can be unblocked as subsequently filed documents in this proposed rule amendments that may
quickly as possible and without undue matter may also be found by searching result in modified information
harm to callers and consumers. It also ECFS at: http://apps.fcc.gov/ecfs/ (insert collection requirements. If the
seeks comment on ways to measure the CG Docket No. 17–59 into the Commission adopts any modified
effectiveness of the Commission’s Proceeding block). The Report and information collection requirements, the
robocalling efforts, as well as those of Order that was adopted concurrently Commission will publish another notice
industry. with the FNPRM is published elsewhere in the Federal Register inviting the
in the Federal Register. Pursuant to 47 public to comment on the requirements,
DATES: Comments are due on January CFR 1.415, 1.419, interested parties may as required by the Paperwork Reduction
23, 2018. Reply Comments are due on file comments and reply comments on Act. Public Law 104–13; 44 U.S.C.
February 22, 2018. or before the dates indicated on the first 3501–3520. In addition, pursuant to the
ADDRESSES: You may submit comments page of this document. Comments may Small Business Paperwork Relief Act of
identified by CG Docket No. 17–59 be filed using ECFS. See Electronic 2002, the Commission seeks comment
and/or FCC Number 17–151, by any of Filing of Documents in Rulemaking on how it might further reduce the
the following methods: Proceedings, 63 FR 24121 (1998). information collection burden for small
• Electronic Filers: Comments may be • All hand-delivered or messenger- business concerns with fewer than 25
filed electronically using the internet by delivered paper filings for the employees. Public Law 107–198, 116
accessing the Commission’s Electronic Commission’s Secretary must be Stat. 729; 44 U.S.C. 3506(c)(4).
Comment Filing System (ECFS), through delivered to FCC Headquarters at 445
the Commission’s website: http:// 12th Street SW, Room TW–A325, Synopsis
apps.fcc.gov/ecfs/. Filers should follow Washington, DC 20554. All hand 1. The Commission takes another
the instructions provided on the website deliveries must be held together with important step in combatting illegal
for submitting comments. For ECFS rubber bands or fasteners. Any robocalls by enabling voice service
filers, in completing the transmittal envelopes must be disposed of before providers to block certain calls before
screen, filers should include their full entering the building. they reach consumers’ phones. In the
name, U.S. Postal service mailing • Commercial Mail sent by overnight Report and Order portion of the
address, and CG Docket No. 17–59. mail (other than U.S. Postal Service document, the Commission adopts rules
• Mail: Parties who choose to file by Express Mail and Priority Mail) must be allowing voice service providers to
paper must file an original and one copy sent to 9050 Junction Drive, Annapolis block calls from phone numbers on a
of each filing. Filings can be sent by Junction, MD 20701. Do-Not-Originate (DNO) list and those
hand or messenger delivery, by • U.S. Postal Service first-class, that purport to be from invalid,
commercial overnight courier, or by Express, and Priority mail should be unallocated, or unused numbers. Voice
first-class or overnight U.S. Postal addressed to 445 12th Street SW, service providers have been active in
Service mail (although the Commission Washington, DC 20554. identifying these calls and there is broad
continues to experience delays in Pursuant to § 1.1200 of the support for these rules. In the FNPRM
jstallworth on DSKBBY8HB2PROD with PROPOSALS
receiving U.S. Postal Service mail). All Commission’s rules, 47 CFR 1.1200, this portion of the document, the
filings must be addressed to the matter shall be treated as a ‘‘permit-but- Commission seeks comment on two
Commission’s Secretary, Office of the disclose’’ proceeding in accordance discrete issues related to the rules.
Secretary, Federal Communications with the Commission’s ex parte rules. 2. The Commission seeks comment on
Commission. Persons making oral ex parte two discrete issues related to the rules
For detailed instructions for presentations are reminded that adopted in the Report and Order portion
submitting comments and additional memoranda summarizing the of document FCC 17–151. First, the
information on the rulemaking process, presentations must contain summaries Commission seeks comment on
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Document Created: 2018-01-06 02:31:54
Document Modified: 2018-01-06 02:31:54
| 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 | Written comments must be received on or before February 7, 2018. | |
| Contact | Gregory Lohrke, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, [email protected] | |
| FR Citation | 83 FR 768 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Commercial and Industrial Solid Waste Incineration; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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