[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40153-40155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17371]


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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.

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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.
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    \1\ Section 302(d) of the CAA includes the United States Virgin 
Islands 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 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]
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