Approval and Promulgation of State Plans for Designated Facilities; New York, 65159-65161 [2015-27166]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
Move Update
[Delete DMM reference 283.3.5]
*
*
*
*
*
sacks and trays
*
*
*
*
*
commercial parcels
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘commercial
parcels’’.]
*
*
*
*
*
B
*
*
*
*
*
Bundles of Parcels
M
*
*
*
*
*
sacks
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘sacks’’.]
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
commercial parcels
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘commercial
parcels’’.]
*
*
*
*
*
*
*
F
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
*
*
*
*
Parcel Select
*
*
*
*
*
commercial parcels
[Revise ‘‘First-Class Mail’’ to read as
‘‘First-Class Package Service’’.]
*
*
*
*
*
*
*
First-Class Package Service,
Commercial Parcels
[Revise the index of ‘‘First-Class
Package Service’’, commercial parcels to
read as follows:]
combined with other classes of mail,
703.9.0
computing postage, 283.1.1
content standards, 283.2.0
deposit of, 286.1.0
documentation, 284.3.0
eligibility standards, 283
incidental enclosure with another class
of mail, 703.9.5
mail preparation, 285
markings required on each mailpiece
general, 202.1.0
postage payment methods, 284
postage statements, 284.2.0
price eligibility, 283.4.0
size, 201.8.3
surcharge, 283.1.4
undeliverable mail, 507.1.5.1
weight, 201.8.3.1
ZIP Code accuracy, 283.3.5
*
*
*
*
*
*
*
*
*
*
mail preparation
[Delete the ‘‘NDC Presort prices on
pallets’’ and ‘‘ONDC Presort prices’’
lines under ‘‘mail preparation’’.]
*
*
*
*
*
price eligibility
[Delete the ‘‘NDC Presort prices’’ and
‘‘ONDC Presort prices’’ lines under
‘‘price eligibility’’.]
*
*
*
*
*
Presort Verification
*
*
*
*
*
commercial parcels
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘commercial
parcels’’.]
*
*
*
*
*
Priority Mail
*
*
*
*
*
[Delete the ‘‘Critical Mail’’ line under
‘‘Priority Mail’’.]
*
*
*
*
*
S
Sacks
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘sacks’’.]
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
L
Labels
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015–26920 Filed 10–23–15; 8:45 am]
*
*
*
VerDate Sep<11>2014
*
*
17:27 Oct 23, 2015
BILLING CODE 7710–12–P
Jkt 238001
Approval and Promulgation of State
Plans for Designated Facilities; New
York
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
P
Entry
*
[EPA–R02–OAR–2015–0509; FRL–9936–09–
Region 2]
AGENCY:
*
*
*
Move Update Standard
[Delete DMM reference 283.3.5 from
the ‘‘commercial parcels’’ line.]
*
*
*
*
*
E
*
*
40 CFR Part 62
*
*
*
*
*
commercial parcels
[Delete the ‘‘First-Class Package
Service’’ line under ‘‘commercial
parcels’’.]
*
*
*
*
*
Documentation
*
*
ENVIRONMENTAL PROTECTION
AGENCY
Mailing Fees
D
*
*
65159
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
The Environmental Protection
Agency is approving a request from the
State of New York that EPA withdraw
its approval of a provision of the New
York State plan that implements and
enforces the Emission Guidelines for
existing sewage sludge incineration
units. This action withdraws the EPA’s
approval of a provision of the State
sewage sludge incineration plan
allowing for affirmative defenses of
Clean Air Act violations in the case of
malfunctions. No other provision in the
State plan is affected by this action.
DATES: This rule is effective on
November 25, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2015–0509. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 at www.regulations.gov
or at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. The EPA
requests, if at all possible, that you
contact the individual in the FOR
FURTHER INFORMATION CONTACT section to
view the docket. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 a.m. to 4 p.m.,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella
(gardella.anthony@epa.gov), Air
Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, New York 1007–1866,
(212) 637–3892.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking?
The EPA is approving a request from
the State of New York that EPA
E:\FR\FM\26OCR1.SGM
26OCR1
65160
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
withdraw its approval of an affirmative
defense provision in New York State’s
sewage sludge incineration (SSI) plan,
based on a letter submitted by New York
on January 27, 2015. New York State
submitted the State SSI plan for EPA
approval on July 1, 2013 to fulfill the
requirements of sections 111(d) and 129
of the Clean Air Act (CAA). The EPA
approved the proposed State SSI plan
on June 11, 2014 (79 FR 33456). The
State SSI plan adopts and implements
the emission guidelines (EG) set forth at
Title 40 part 60 subpart MMMM of the
Code of Federal Regulations (CFR) and
is applicable to existing SSI units and
establishes air emission limits and other
requirements. Existing SSI units are
units constructed on or before October
14, 2010.
II. Which provision of the State SSI
plan is EPA withdrawing approval of?
New York State requested that the
EPA withdraw its approval of a
provision in the State SSI plan that
allows for an affirmative defense by an
owner/operator of an affected SSI unit
for violations of air emissions or other
requirements of the State’s plan in the
event of malfunction(s) of the SSI unit.
The EPA’s withdrawal of its prior
approval, once finalized and effective,
results in the removal of the affirmative
defense provision from the federallyenforceable State SSI plan while
maintaining the federal enforceability of
the remainder of the State SSI plan for
covered SSI units located in New York
State.
New York’s State SSI plan adopted by
reference all the applicable
requirements of the EPA’s SSI EG,
including the affirmative defense
provisions at § 60.5181, into its State
plan at Part 200 of Title 6 of the New
York Code of Rules and Regulations
(6NYCRR) of the State of New York,
entitled ‘‘General Provisions.’’
For further details concerning today’s
action, the reader is referred to the
EPA’s proposed rule published in the
Federal Register on August 24, 2015 (80
FR 51170).
asabaliauskas on DSK5VPTVN1PROD with RULES
III. What comments were received on
the proposed approval and how has the
EPA responded to them?
There were no comments received on
EPA’s proposed rulemaking (80 FR
51170, August 24, 2015) regarding the
EPA’s withdrawal of its prior approval
of the affirmative defense provision in
New York State’s SSI plan. The 30-day
public comment period on EPA’s
proposed approval ended on September
23, 2015.
VerDate Sep<11>2014
17:27 Oct 23, 2015
Jkt 238001
IV. What is the EPA’s Conclusion?
The EPA has evaluated New York’s
January 27, 2015 request for consistency
with the CAA, as well as the EPA’s
regulations and policy. Therefore, the
EPA is approving to withdraw its
approval of the affirmative defense
provision of New York’s State SSI plan,
which the EPA approved on June 11,
2014 (79 FR 33456) as part of New
York’s sections 111(d) and 129 State SSI
plan for existing sewage sludge
incineration units. No other provisions
in the New York State SSI plan is
affected by this approval.
The EPA has determined that New
York State’s SSI plan will continue to
meet all the applicable approval criteria
if EPA withdraws its approval of the
affirmative defense provision. First, the
removal of the affirmative defense
provision is consistent with the DC
Circuit’s decision in Natural Resources
Defense Council v. Environmental
Protection Agency, 749 F3d 1055 (D.C.
Cir. April 18, 2014), as described in the
EPA’s proposed rulemaking (80 FR
51170, August 24, 2015). Second, a state
plan must be at least as protective as the
emissions guidelines promulgated by
the EPA, and the removal of the
affirmative defense provision from the
approved state plan does not render the
plan less protective, as it removes a
potential defense to a violation resulting
from a malfunction.
V. 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, 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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).
The 111(d)/129 plan 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 Nation Land, 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
(65FR67249, 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. 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 December 28,
2015. 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
E:\FR\FM\26OCR1.SGM
26OCR1
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
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)).
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental
relations, Paper and paper products
industry, Phosphate, Reporting and
recordkeeping requirements, Sulfur
oxides, Sulfur acid plants, Waste
treatment and disposal.
[Docket ID FEMA–2015–0001]
Dated: October 14, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
40 CFR part 62 is amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 62.8108 is amended by
adding paragraphs (d) and (e) to read as
follows:
■
Identification of plan.
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
*
*
*
(d) On January 27, 2015, the New
York State Department of
Environmental Conservation (NYSDEC)
submitted to the Environmental
Protection Agency (EPA) a request to
revise its section 111(d)/129 plan for
implementation and enforcement of 40
CFR part 60, subpart MMMM—
Emission Guidelines and Compliance
Times for Existing Sewage Sludge
Incineration (SSI) Units submitted on
July 1, 2013 and approved by the EPA
on June 11, 2014 (79 FR 33456).
NYSDEC’s January 27, 2015 revision
consisted of a request that EPA
withdraw its June 11, 2013 approval of
the affirmative defense provision as part
of its State SSI plan, submitted to EPA
for approval on July 1, 2013.
(e) The effective date of EPA’s
approval of NYSDEC’s revised plan for
existing sewage sludge incineration
units is November 25, 2015.
[FR Doc. 2015–27166 Filed 10–23–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:27 Oct 23, 2015
Jkt 238001
44 CFR Part 67
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
SUMMARY:
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Associate
Administrator for Mitigation has
resolved any appeals resulting from this
notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
DATES:
1. The authority citation for part 62
continues to read as follows:
■
§ 62.8108
Federal Emergency Management
Agency
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
65161
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Dated: October 8, 2015.
Roy E. Wright,
Deputy Associate Administrator for Insurance
and Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
■
E:\FR\FM\26OCR1.SGM
26OCR1
]]>Agencies
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65159-65161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27166]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R02-OAR-2015-0509; FRL-9936-09-Region 2]
Approval and Promulgation of State Plans for Designated
Facilities; New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a request
from the State of New York that EPA withdraw its approval of a
provision of the New York State plan that implements and enforces the
Emission Guidelines for existing sewage sludge incineration units. This
action withdraws the EPA's approval of a provision of the State sewage
sludge incineration plan allowing for affirmative defenses of Clean Air
Act violations in the case of malfunctions. No other provision in the
State plan is affected by this action.
DATES: This rule is effective on November 25, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2015-0509. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 at
www.regulations.gov or at the Environmental Protection Agency, Region 2
Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866. The EPA requests, if at all possible, that you contact
the individual in the FOR FURTHER INFORMATION CONTACT section to view
the docket. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella
(gardella.anthony@epa.gov), Air Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th Floor, New York, New York 1007-
1866, (212) 637-3892.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking?
The EPA is approving a request from the State of New York that EPA
[[Page 65160]]
withdraw its approval of an affirmative defense provision in New York
State's sewage sludge incineration (SSI) plan, based on a letter
submitted by New York on January 27, 2015. New York State submitted the
State SSI plan for EPA approval on July 1, 2013 to fulfill the
requirements of sections 111(d) and 129 of the Clean Air Act (CAA). The
EPA approved the proposed State SSI plan on June 11, 2014 (79 FR
33456). The State SSI plan adopts and implements the emission
guidelines (EG) set forth at Title 40 part 60 subpart MMMM of the Code
of Federal Regulations (CFR) and is applicable to existing SSI units
and establishes air emission limits and other requirements. Existing
SSI units are units constructed on or before October 14, 2010.
II. Which provision of the State SSI plan is EPA withdrawing approval
of?
New York State requested that the EPA withdraw its approval of a
provision in the State SSI plan that allows for an affirmative defense
by an owner/operator of an affected SSI unit for violations of air
emissions or other requirements of the State's plan in the event of
malfunction(s) of the SSI unit. The EPA's withdrawal of its prior
approval, once finalized and effective, results in the removal of the
affirmative defense provision from the federally-enforceable State SSI
plan while maintaining the federal enforceability of the remainder of
the State SSI plan for covered SSI units located in New York State.
New York's State SSI plan adopted by reference all the applicable
requirements of the EPA's SSI EG, including the affirmative defense
provisions at Sec. 60.5181, into its State plan at Part 200 of Title 6
of the New York Code of Rules and Regulations (6NYCRR) of the State of
New York, entitled ``General Provisions.''
For further details concerning today's action, the reader is
referred to the EPA's proposed rule published in the Federal Register
on August 24, 2015 (80 FR 51170).
III. What comments were received on the proposed approval and how has
the EPA responded to them?
There were no comments received on EPA's proposed rulemaking (80 FR
51170, August 24, 2015) regarding the EPA's withdrawal of its prior
approval of the affirmative defense provision in New York State's SSI
plan. The 30-day public comment period on EPA's proposed approval ended
on September 23, 2015.
IV. What is the EPA's Conclusion?
The EPA has evaluated New York's January 27, 2015 request for
consistency with the CAA, as well as the EPA's regulations and policy.
Therefore, the EPA is approving to withdraw its approval of the
affirmative defense provision of New York's State SSI plan, which the
EPA approved on June 11, 2014 (79 FR 33456) as part of New York's
sections 111(d) and 129 State SSI plan for existing sewage sludge
incineration units. No other provisions in the New York State SSI plan
is affected by this approval.
The EPA has determined that New York State's SSI plan will continue
to meet all the applicable approval criteria if EPA withdraws its
approval of the affirmative defense provision. First, the removal of
the affirmative defense provision is consistent with the DC Circuit's
decision in Natural Resources Defense Council v. Environmental
Protection Agency, 749 F3d 1055 (D.C. Cir. April 18, 2014), as
described in the EPA's proposed rulemaking (80 FR 51170, August 24,
2015). Second, a state plan must be at least as protective as the
emissions guidelines promulgated by the EPA, and the removal of the
affirmative defense provision from the approved state plan does not
render the plan less protective, as it removes a potential defense to a
violation resulting from a malfunction.
V. 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, 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).
The 111(d)/129 plan 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
Nation Land, 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 (65FR67249, 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. 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 December 28, 2015. 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
[[Page 65161]]
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, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfur acid plants, Waste treatment and disposal.
Dated: October 14, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
40 CFR part 62 is amended as follows:
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 HH--New York
0
2. Section 62.8108 is amended by adding paragraphs (d) and (e) to read
as follows:
Sec. 62.8108 Identification of plan.
* * * * *
(d) On January 27, 2015, the New York State Department of
Environmental Conservation (NYSDEC) submitted to the Environmental
Protection Agency (EPA) a request to revise its section 111(d)/129 plan
for implementation and enforcement of 40 CFR part 60, subpart MMMM--
Emission Guidelines and Compliance Times for Existing Sewage Sludge
Incineration (SSI) Units submitted on July 1, 2013 and approved by the
EPA on June 11, 2014 (79 FR 33456). NYSDEC's January 27, 2015 revision
consisted of a request that EPA withdraw its June 11, 2013 approval of
the affirmative defense provision as part of its State SSI plan,
submitted to EPA for approval on July 1, 2013.
(e) The effective date of EPA's approval of NYSDEC's revised plan
for existing sewage sludge incineration units is November 25, 2015.
[FR Doc. 2015-27166 Filed 10-23-15; 8:45 am]
BILLING CODE 6560-50-P
