[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75708-75710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2016-0161; FRL-9954-60-Region 2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; State of New York, State of New Jersey and 
Commonwealth of Puerto Rico; Other Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the Clean Air Act (CAA) section 111(d)/129 
negative declarations for the States of New York and New Jersey and the 
Commonwealth of Puerto Rico, for other solid waste incineration (OSWI) 
units. Other solid waste incineration (OSWI) unit means either a very 
small municipal waste

[[Page 75709]]

combustion unit or an institutional waste incineration unit within our 
regulations. This negative declaration certifies that OSWI units 
subject to sections 111(d) and 129 of the CAA do not exist within the 
jurisdiction of the States of New York and New Jersey and the 
Commonwealth of Puerto Rico.
    The EPA is accepting the negative declaration in accordance with 
the requirements of the CAA.

DATES: This direct final rule will be effective January 3, 2017, 
without further notice, unless the EPA receives adverse comment by 
December 1, 2016. If EPA receives adverse comment, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0161, 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: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3764 or by email at [email protected].

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

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

I. Background

    The Clean Air Act (CAA) requires that state \1\ regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA.
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    \1\ Section 302(d) of the CAA includes the Commonwealth of 
Puerto Rico in the definition of the term ``State.''
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    The general provisions for the submittal and approval of state 
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, 
subpart A. section 111(d) establishes general requirements and 
procedures on state plan submittals for the control of designated 
pollutants.
    Section 129 requires emission guidelines to be promulgated for all 
categories of solid waste incineration units, including OSWI units. 
Section 129 mandates that all plan requirements be at least as 
protective and restrictive as the promulgated emission guidelines. This 
includes fixed final compliance dates, fixed compliance schedules, and 
Title V permitting requirements for all affected sources. Section 129 
also requires that state plans be submitted to EPA within one year 
after EPA's promulgation of the emission guidelines and compliance 
times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a State 
does not have any existing OSWI 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 15372), the EPA established emission 
guidelines and compliance times for existing OSWI units. The emission 
guidelines and compliance times are codified at 40 CFR 60, subpart 
FFFF.
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the State of New York submitted a negative declaration letter to the 
EPA on November 13, 2006, the State of New Jersey submitted a negative 
declaration letter to the EPA on April 5, 2006 and the Commonwealth of 
Puerto Rico submitted a negative declaration letter to the EPA on 
September 25, 2006.
    The submittal of these declarations exempts the State of New York, 
State of New Jersey and Commonwealth of Puerto Rico from the 
requirement to submit a state plan for existing OSWI units.

II. Analysis of State Submittal

    In this Direct Final action, the EPA is amending part 62 to reflect 
receipt of the negative declaration letters from the State of New York, 
State of New Jersey and Commonwealth of Puerto Rico, certifying that 
there are no existing OSWI units subject to 40 CFR part 60, subpart 
FFFF, in accordance with section 111(d) of the CAA.
    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment.
    However, in the ``Proposed Rules'' section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to approve the negative declaration if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If the EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this direct final rule will 
not take effect. We will address all public comments in any subsequent 
final rule based on the proposed rule.

III. Statutory and Executive Order Reviews

    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. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 75710]]

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 Clean Air Act; 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 action does not have tribal implications as 
specified by Executive Order 13175 because the section 111(d)/129 plan 
is not approved to apply in Indian country located in the state, and 
EPA notes will not impose substantial direct costs on tribal 
governments or preempt tribal law. Thus, Executive Order 13175 does not 
apply to this section.
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 3, 2017.
    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, Sewage sludge incinerators.

    Dated: October 3, 2016.
Judith A. Enck,
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.

Subpart FF--New Jersey

0
2. Subpart FF is amended by adding an undesignated center heading and 
Sec.  62.7606 to read as follows:

Air Emissions From Other Solid Waste Incineration (OSWI) Units 
Constructed on or Before December 16, 2005


Sec.  62.7606  Identification of plan-negative declaration.

    Letter from New Jersey Department of Environmental Protection 
submitted April 5, 2006 to Alan J. Steinberg Regional Administrator EPA 
Region 2 certifying there are no existing OSWI units in the State of 
New Jersey subject to 40 CFR part 60, subpart FFFF.

Subpart HH--New York

0
3. Subpart HH is amended by adding an undesignated center heading and 
Sec.  62.8109 to read as follows:

Air Emissions From Other Solid Waste Incineration (OSWI) Units 
Constructed on or Before December 16, 2005


Sec.  62.8109  Identification of plan-negative declaration.

    Letter from New York State Department of Environmental Conservation 
submitted November 13, 2006 to Alan J. Steinberg Regional Administrator 
EPA Region 2 certifying that there are no existing OSWI units in the 
State of New York subject to 40 CFR part 60, subpart FFFF.

Subpart BBB--Puerto Rico

0
4. Subpart BBB is amended by adding an undesignated center heading and 
Sec.  62.13110 to read as follows:

Air Emissions From Other Solid Waste Incineration (OSWI) Units 
Constructed on or Before December 16, 2005


Sec.  62.13110  Identifcation of plan-negative declaration.

    Letter from Commonwealth of Puerto Rico, Office of Environmental 
Quality Board, September 25, 2006 to Alan Steinberg Regional 
Administrator EPA Region 2 certifying that there are no existing OSWI 
units in the Commonwealth of Puerto Rico subject to 40 CFR part 60, 
subpart FFFF.

[FR Doc. 2016-26171 Filed 10-31-16; 8:45 am]
 BILLING CODE 6560-50-P