Approval and Promulgation of Air Quality Implementation Plans for Designated Facilities and Pollutants; Missouri; Commercial and Industrial Solid Waste Incineration (CISWI) Units, 56390-56393 [2015-23390]
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Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
13. Technical Standards
7. Unfunded Mandates Reform Act
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 165, applicable to safety zones
on the navigable waterways. This zone
will temporarily restrict vessel traffic
from transiting the Indian River Bay
along the shoreline of Long Neck,
Delaware, in order to protect the safety
of life and property on the waters for the
duration of the fireworks display. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T13–290 to read as
follows:
■
§ 165.T13–290 Safety Zone; 520 Bridge,
Lake Washington; Seattle, WA.
(a) Location. The following area is
designated as a safety zone: All waters
within 100 yards of the east span of the
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520 Bridge located on Lake Washington
in Seattle, Washington.
(b) Regulations. In accordance with
the general regulations in subpart C of
this part, no person may enter the safety
zone or bring or cause to be brought any
vessel into the safety zone without
permission of the Captain of the Port.
Persons wishing to enter the safety zone
must request permission from the
Captain of the Port by contacting the
Joint Harbor Operation Center at 206–
217–6001 or VHF Channel 16. If
permission for entry is granted, vessels
must proceed at a minimum speed for
safe navigation.
(c) Dates. This rule is effective from
September 5, 2015 through October 2,
2015 when a construction barge is
present inside the safety zone.
Dated: September 3, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2015–23526 Filed 9–17–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2015–0514; FRL–9933–97–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans for
Designated Facilities and Pollutants;
Missouri; Commercial and Industrial
Solid Waste Incineration (CISWI) Units
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the state
plan for designated facilities and
pollutants developed under sections
111(d) and 129 of the Clean Air Act for
the State of Missouri. This direct final
action will amend the state plan to
include a new plan and associated rule
implementing the emissions guidelines
for Commercial and Industrial Solid
Waste Incineration (CISWI) Units.
DATES: This direct final rule will be
effective November 17, 2015, without
further notice, unless EPA receives
adverse comment by October 19, 2015.
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–R07–
SUMMARY:
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Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations
OAR–2015–0514, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: higbee.paula@epa.gov.
3. Mail or Hand Delivery: Paula
Higbee, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0514. 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. 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 https://
www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
going through www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
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available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.,
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Paula Higbee, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913–551–7028
or by email at higbee.paula@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
II. Analysis of State Submittal
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that
state regulatory agencies implement the
emission guidelines and compliance
times using a state plan developed
under sections 111(d) and 129 of the
CAA. 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
CISWI 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.
On February 7, 2013, EPA finalized
emission limitations for CISWI units
and definitions for Non-Hazardous
Secondary Materials (NHSM) that are
Solid Waste, both under the same notice
at 78 FR 9112. This notice was the final
decision on the CISWI rule originally
published March 21, 2011, and
reconsidered after further public
comments were solicited and received.
The notice also included final
amendments to the NHSM rule. The
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definition of solid waste in the NHSM
rule determines whether a particular
incinerator is covered under another
incinerator rule.
The state submitted a negative
declaration on May 9, 2011.
Subsequently, the state found that they
did have applicable units and therefore,
the state issued a new rule and state
plan to meet its obligations under this
new Federal rule. The state rule, 10 CSR
10–6.161, for CISWI became effective on
November 21, 2013. The associated state
plan was issued concurrently with the
new rule. The state’s rule incorporates
by reference the Federal rule.
II. Analysis of State Submittal
The emission guidelines and
compliance times are codified in 40 CFR
part 60, subpart DDDD. State plans must
contain specific information and the
legal mechanisms necessary to
implement the emission guidelines and
compliance times. The requirements are
as follows:
• Inventory of affected CISWI units,
including those that have ceased
operation but have not been dismantled.
• Inventory of emissions from
affected CISWI units in Missouri.
• Compliance schedules for each
affected CISWI unit with a final
compliance date no later than February
7, 2018 or three (3) years after the
effective date of state plan approval,
whichever is earlier.
• Emission limitations, operator
training and qualification requirements,
a waste management plan, and
operating limits for affected CISWI units
that are at least as protective as the
emission guidelines contained in
Subpart DDDD.
• Performance testing, recordkeeping,
and reporting requirements.
• Certification that the hearing on the
State plan was held, a list of witnesses
and organizational affiliations, if any,
appearing at the hearing, and a brief
written summary of each presenation or
written submission.
• Provision for State progress reports
to EPA.
• Identification of enforceable State
mechanisms that were selected for
implementing the emission guidelines of
Subpart DDDD.
• Demonstration of Missouri’s legal
authority to carry out the sections
111(d) and 129 State plan.
The state’s plan was received on
March 5, 2014, in accordance with the
requirements for adoption and submittal
of state plans for designated facilities in
40 CFR part 60, subpart B. The plan
establishes emission limits for existing
CISWI units, and provides for the
implementation and enforcement of
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Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations
those limits. Missouri’s plan includes
all documentation that all of these
requirements have been met. The
emission limits, testing, monitoring,
reporting and recordkeeping
requirements, and other aspects of the
Federal rule have been adopted.
Missouri rule 10 CSR 10–6.161 contains
the applicable requirements. The state
provided evidence that it complied with
the public notice and comment
requirements of 40 CFR part 60, subpart
DDDD.
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III. What Action is EPA Taking?
Based on the rationale discussed
aboved, EPA is taking direct final action
to approve Missouri’s March 5, 2014,
submittal of its 111(d) plan for
commercial and industrial solid waste
incineration units. We are 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 revision to
the 111(d) plan 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 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.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
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any additional enforceable duty beyond
that required by state law, it 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). This action 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). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Act. This rule also is not subject
to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard. In reviewing section 111(d)/
129 plan submissions, EPA’s role is to
approve State choices, provided that
they meet the criteria of the Act. In this
context, in the absence of a prior
existing requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
section 111(d)/129 plan submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a section 111(d)/
129 plan submission, to use VCS in
place of a section 111(d)/129 plan
submission that otherwise satisfies the
provisions of the Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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
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Congress and to the Comptroller General
of the United States. 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 November 17, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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
approving Missouri’s section 111(d)/129
plan revision for CISWI sources 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,
Administrative practice and procedure,
Air pollution control, Commercial and
industrial solid waste incineration
units, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: September 3, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.
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
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
■
2. Revise § 62.6360 to read as follows:
Air Emissions From Existing
Commercial and Industrial Solid Waste
Incineration Units
§ 62.6360
Identification of plan.
(a) Identification of plan. The
Missouri Department of Natural
Resources approved this revision to the
Missouri state plan section 111(d) for
the purpose of adopting by reference
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subpart DDDD of part 62, the
Commercial and Industrial Solid Waste
Incineration (CISWI) rule, 10 CSR 10–
6.161, which became effective on
November 21, 2013. This revision was
submitted on March 5, 2014.
(b) Identification of sources. The plan
applies to existing commercial and
industrial solid waste incineration
(CISWI) units that commenced
construction on or before November 30,
1999.
(c) The effective date of the amended
plan is November 17, 2015.
[FR Doc. 2015–23390 Filed 9–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0375; FRL–9933–02]
Fluensulfone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of fluensulfone in
or on tomato, paste. Makhteshim Agan
of North America, Inc., doing business
as ADAMA requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 18, 2015. Objections and
requests for hearings must be received
on or before November 17, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0375, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
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SUMMARY:
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Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0375 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 17, 2015. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
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56393
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2015–0375, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of July 17,
2015 (80 FR 42462) (FRL–9929–13),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 5F8365) by
Makhteshim Agan of North America,
Inc., doing business as ADAMA, 3120
Highwoods Blvd., Suite 100, Raleigh,
NC 27604. The petition requested that
40 CFR part 180 be amended by
establishing tolerances for residues of
the insecticide fluensulfone, 3,4,4trifluoro-but-3-ene-1-sulfonic acid, in or
on tomato, paste at 1.0 parts per million
(ppm). That document referenced a
summary of the petition prepared by
ADAMA, the registrant, which is
available in the docket, https://
www.regulations.gov. There were no
comments received in response to the
notice of filing.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
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]]>Agencies
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56390-56393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2015-0514; FRL-9933-97-Region 7]
Approval and Promulgation of Air Quality Implementation Plans for
Designated Facilities and Pollutants; Missouri; Commercial and
Industrial Solid Waste Incineration (CISWI) Units
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the state plan for designated
facilities and pollutants developed under sections 111(d) and 129 of
the Clean Air Act for the State of Missouri. This direct final action
will amend the state plan to include a new plan and associated rule
implementing the emissions guidelines for Commercial and Industrial
Solid Waste Incineration (CISWI) Units.
DATES: This direct final rule will be effective November 17, 2015,
without further notice, unless EPA receives adverse comment by October
19, 2015. 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-R07-
[[Page 56391]]
OAR-2015-0514, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: higbee.paula@epa.gov.
3. Mail or Hand Delivery: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0514. 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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m., excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7028 or by email at
higbee.paula@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. Analysis of State Submittal
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that state regulatory agencies
implement the emission guidelines and compliance times using a state
plan developed under sections 111(d) and 129 of the CAA. 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 CISWI 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.
On February 7, 2013, EPA finalized emission limitations for CISWI
units and definitions for Non-Hazardous Secondary Materials (NHSM) that
are Solid Waste, both under the same notice at 78 FR 9112. This notice
was the final decision on the CISWI rule originally published March 21,
2011, and reconsidered after further public comments were solicited and
received. The notice also included final amendments to the NHSM rule.
The definition of solid waste in the NHSM rule determines whether a
particular incinerator is covered under another incinerator rule.
The state submitted a negative declaration on May 9, 2011.
Subsequently, the state found that they did have applicable units and
therefore, the state issued a new rule and state plan to meet its
obligations under this new Federal rule. The state rule, 10 CSR 10-
6.161, for CISWI became effective on November 21, 2013. The associated
state plan was issued concurrently with the new rule. The state's rule
incorporates by reference the Federal rule.
II. Analysis of State Submittal
The emission guidelines and compliance times are codified in 40 CFR
part 60, subpart DDDD. State plans must contain specific information
and the legal mechanisms necessary to implement the emission guidelines
and compliance times. The requirements are as follows:
Inventory of affected CISWI units, including those that
have ceased operation but have not been dismantled.
Inventory of emissions from affected CISWI units in
Missouri.
Compliance schedules for each affected CISWI unit with a
final compliance date no later than February 7, 2018 or three (3) years
after the effective date of state plan approval, whichever is earlier.
Emission limitations, operator training and qualification
requirements, a waste management plan, and operating limits for
affected CISWI units that are at least as protective as the emission
guidelines contained in Subpart DDDD.
Performance testing, recordkeeping, and reporting
requirements.
Certification that the hearing on the State plan was held,
a list of witnesses and organizational affiliations, if any, appearing
at the hearing, and a brief written summary of each presenation or
written submission.
Provision for State progress reports to EPA.
Identification of enforceable State mechanisms that were
selected for implementing the emission guidelines of Subpart DDDD.
Demonstration of Missouri's legal authority to carry out
the sections 111(d) and 129 State plan.
The state's plan was received on March 5, 2014, in accordance with
the requirements for adoption and submittal of state plans for
designated facilities in 40 CFR part 60, subpart B. The plan
establishes emission limits for existing CISWI units, and provides for
the implementation and enforcement of
[[Page 56392]]
those limits. Missouri's plan includes all documentation that all of
these requirements have been met. The emission limits, testing,
monitoring, reporting and recordkeeping requirements, and other aspects
of the Federal rule have been adopted. Missouri rule 10 CSR 10-6.161
contains the applicable requirements. The state provided evidence that
it complied with the public notice and comment requirements of 40 CFR
part 60, subpart DDDD.
III. What Action is EPA Taking?
Based on the rationale discussed aboved, EPA is taking direct final
action to approve Missouri's March 5, 2014, submittal of its 111(d)
plan for commercial and industrial solid waste incineration units. We
are 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 revision to the 111(d) plan 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 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.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This action 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). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal requirement, and
does not alter the relationship or the distribution of power and
responsibilities established in the Act. This rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it
approves a state rule implementing a Federal standard. In reviewing
section 111(d)/129 plan submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a section 111(d)/129 plan submission for failure to use VCS.
It would thus be inconsistent with applicable law for EPA, when it
reviews a section 111(d)/129 plan submission, to use VCS in place of a
section 111(d)/129 plan submission that otherwise satisfies the
provisions of the Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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. 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 November 17, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 approving Missouri's section 111(d)/129 plan revision for
CISWI sources 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, Administrative practice and procedure,
Air pollution control, Commercial and industrial solid waste
incineration units, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: September 3, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.
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 AA--Missouri
0
2. Revise Sec. 62.6360 to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste
Incineration Units
Sec. 62.6360 Identification of plan.
(a) Identification of plan. The Missouri Department of Natural
Resources approved this revision to the Missouri state plan section
111(d) for the purpose of adopting by reference
[[Page 56393]]
subpart DDDD of part 62, the Commercial and Industrial Solid Waste
Incineration (CISWI) rule, 10 CSR 10-6.161, which became effective on
November 21, 2013. This revision was submitted on March 5, 2014.
(b) Identification of sources. The plan applies to existing
commercial and industrial solid waste incineration (CISWI) units that
commenced construction on or before November 30, 1999.
(c) The effective date of the amended plan is November 17, 2015.
[FR Doc. 2015-23390 Filed 9-17-15; 8:45 am]
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