[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75708-75710]
[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

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<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
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

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