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, 75708-75710 [2016-26171]

Download as PDF jstallworth on DSK7TPTVN1PROD with RULES 75708 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations reasons supporting the request, with explanation of the specific threat(s) to an individual’s personal safety or security; and an email address and/or physical mail address for any responsive correspondence from the Office. There is no fee associated with making this request. If the request is approved, the service provider may display the post office box address on its Web site and will receive instructions from the Office as to how to complete the Office’s electronic registration process. (2) All alternate names that the public would be likely to use to search for the service provider’s designated agent in the Copyright Office’s online directory of designated agents, including all names under which the service provider is doing business, Web site names and addresses (i.e., URLs), software application names, and other commonly used names. Separate legal entities are not considered alternate names. (3) The name of the agent designated to receive notifications of claimed infringement and, if applicable, the name of the agent’s organization. The designated agent may be an individual (e.g., ‘‘Jane Doe’’), a specific position or title held by an individual (e.g., ‘‘Copyright Manager’’), a specific department within the service provider’s organization or within a third-party entity (e.g., ‘‘Copyright Compliance Department’’), or a thirdparty entity generally (e.g., ‘‘ACME Takedown Service’’). Only a single agent may be designated for each service provider. (4) The physical mail address (street address or post office box), telephone number, and email address of the agent designated to receive notifications of claimed infringement. (c) Electronic registration with the Copyright Office. Service providers designating an agent with the Copyright Office must do so electronically by establishing an account with and then utilizing the applicable online registration system made available through the Copyright Office’s Web site. Designations, amendments, and resubmissions submitted to the Office in paper or any other form will not be accepted. All electronic registrations must adhere to the following requirements: (1) Registration information. All required fields in the online registration system must be completed in order for the designation to be registered with the Copyright Office. In addition to the information required by paragraph (b) of this section, the person designating the agent with the Office must provide the following for administrative purposes, VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 and which will not be displayed in the Office’s public directory and need not be displayed by the service provider on its Web site: (i) The first name, last name, position or title, organization, physical mail address (street address or post office box), telephone number, and email address of two representatives of the service provider who will serve as primary and secondary points of contact for communications with the Office. (ii) A telephone number and email address for the service provider for communications with the Office. (2) Attestation. For each designation and any subsequent amendment or resubmission of such designation, the person designating the agent, or amending or resubmitting such designation, must attest that: (i) The information provided to the Office is true, accurate, and complete to the best of his or her knowledge; and (ii) He or she has been given authority to make the designation, amendment, or resubmission on behalf of the service provider. (3) Amendment. All service providers must ensure the currency and accuracy of the information contained in designations submitted to the Office by timely updating information when it has changed. A service provider may amend a designation previously registered with the Office at any time to correct or update information. (4) Periodic renewal. A service provider’s designation will expire and become invalid three years after it is registered with the Office, unless the service provider renews such designation by either amending it to correct or update information or resubmitting it without amendment. Either amending or resubmitting a designation, as appropriate, begins a new three-year period before such designation must be renewed. (d) Fees. The Copyright Office’s general fee schedule, located at section 201.3 of title 37 of the Code of Federal Regulations, sets forth the applicable fee for a service provider to designate an agent with the Copyright Office to receive notifications of claimed infringement and to amend or resubmit such a designation. (e) Transitional provisions. (1) As of December 1, 2016, any designation of an agent pursuant to 17 U.S.C. 512(c)(2) must be made electronically through the Copyright Office’s online registration system. (2) A service provider that has designated an agent with the Office under the previous version of this section, which was effective between November 3, 1998 and November 30, PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 2016, and desires to remain in compliance with section 512(c)(2) of title 17, United States Code, must submit a new designation electronically using the online registration system by December 31, 2017. Any designation not made through the online registration system will expire and become invalid after December 31, 2017. (3) During the period beginning with the effective date of this section, December 1, 2016, through December 31, 2017 (the ‘‘transition period’’), the Copyright Office will maintain two directories of designated agents: the directory consisting of paper designations made pursuant to the prior interim regulations (the ‘‘old directory’’), and the directory consisting of designations made electronically through the online registration system (the ‘‘new directory’’). During the transition period, a compliant designation in either the old directory or the new directory will satisfy the service provider’s obligation under section 512(c)(2) of title 17, United States Code to designate an agent with the Copyright Office. Dated: October 26, 2016. Karyn Temple Claggett, Acting Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2016–26257 Filed 10–31–16; 8:45 am] BILLING CODE 1410–30–P 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 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: 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 SUMMARY: E:\FR\FM\01NOR1.SGM 01NOR1 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 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. 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. DATES: Submit your comments, identified by Docket ID No. EPA–R02– OAR–2016–0161, to https:// 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: jstallworth on DSK7TPTVN1PROD with RULES 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 linky.edward@epa.gov. 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 VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 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. 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. 1 Section 302(d) of the CAA includes the Commonwealth of Puerto Rico in the definition of the term ‘‘State.’’ PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 75709 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 E:\FR\FM\01NOR1.SGM 01NOR1 jstallworth on DSK7TPTVN1PROD with RULES 75710 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 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 VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 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 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart FF—New Jersey 2. Subpart FF is amended by adding an undesignated center heading and § 62.7606 to read as follows: ■ Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 § 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 3. Subpart HH is amended by adding an undesignated center heading and § 62.8109 to read as follows: ■ Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 § 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. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Subpart BBB—Puerto Rico 4. Subpart BBB is amended by adding an undesignated center heading and § 62.13110 to read as follows: ■ Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 § 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 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 10 and 11 [PS Docket No. 15–91; PS Docket No. 15– 94; FCC 16–127] Wireless Emergency Alerts; Amendments to Rules Regarding the Emergency Alert System Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) adopts revisions to Wireless Emergency Alert (WEA) rules to take advantage of the significant technological changes and improvements experienced by the mobile wireless industry since the passage of the Warning, Alert and Response Network (WARN) Act, and deployment of Wireless Emergency Alerts (WEA) to improve utility of WEA as a life-saving tool. By this action, the Commission adopts rules that will improve Alert Message content in order to help communities communicate clearly and effectively about imminent threats and local crises. It also adopts rules to meet alert originators’ needs for the delivery of the Alert Messages they transmit and creates a framework that will allow emergency managers to test, exercise, and raise public awareness about WEA. Through this action, the Commission hopes to empower state and local alert originators to participate more fully in WEA, and to enhance the utility of WEA as an alerting tool. DATES: Amendments and revisions to §§ 10.280, 10.400, 10.410, 10.430, SUMMARY: E:\FR\FM\01NOR1.SGM 01NOR1

Agencies

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


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 75709]]

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0161, to https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3764 or by email at linky.edward@epa.gov.

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.
---------------------------------------------------------------------------

    \1\ Section 302(d) of the CAA includes the Commonwealth of 
Puerto Rico in the definition of the term ``State.''
---------------------------------------------------------------------------

    The general provisions for the submittal and approval of state 
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, 
subpart A. section 111(d) establishes general requirements and 
procedures on state plan submittals for the control of designated 
pollutants.
    Section 129 requires emission guidelines to be promulgated for all 
categories of solid waste incineration units, including OSWI units. 
Section 129 mandates that all plan requirements be at least as 
protective and restrictive as the promulgated emission guidelines. This 
includes fixed final compliance dates, fixed compliance schedules, and 
Title V permitting requirements for all affected sources. Section 129 
also requires that state plans be submitted to EPA within one year 
after EPA's promulgation of the emission guidelines and compliance 
times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a State 
does not have any existing OSWI units for the relevant emission 
guidelines, a letter can be submitted certifying that no such units 
exist within the State (i.e., negative declaration) in lieu of a state 
plan.
    The negative declaration exempts the State from the requirements of 
subpart B that would otherwise require the submittal of a CAA section 
111(d)/129 plan.
    On March 21, 2011 (76 FR 15372), the EPA established emission 
guidelines and compliance times for existing OSWI units. The emission 
guidelines and compliance times are codified at 40 CFR 60, subpart 
FFFF.
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the State of New York submitted a negative declaration letter to the 
EPA on November 13, 2006, the State of New Jersey submitted a negative 
declaration letter to the EPA on April 5, 2006 and the Commonwealth of 
Puerto Rico submitted a negative declaration letter to the EPA on 
September 25, 2006.
    The submittal of these declarations exempts the State of New York, 
State of New Jersey and Commonwealth of Puerto Rico from the 
requirement to submit a state plan for existing OSWI units.

II. Analysis of State Submittal

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

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section 
111(d)/129 plan submission that complies with the provisions of the Act 
and applicable Federal regulations. 40 CFR 62.04.
    Thus, in reviewing section 111(d)/129 plan submissions, the EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA.
    Accordingly, this action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law.
    For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely

[[Page 75710]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272) note, because application of those requirements would be 
inconsistent with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition this action does not have tribal implications as 
specified by Executive Order 13175 because the section 111(d)/129 plan 
is not approved to apply in Indian country located in the state, and 
EPA notes will not impose substantial direct costs on tribal 
governments or preempt tribal law. Thus, Executive Order 13175 does not 
apply to this section.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 3, 2017.
    Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this action for the purposes 
of judicial review nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements (See section 
307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sewage sludge incinerators.

    Dated: October 3, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

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

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


Sec.  62.7606  Identification of plan-negative declaration.

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

Subpart HH--New York

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

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


Sec.  62.8109  Identification of plan-negative declaration.

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

Subpart BBB--Puerto Rico

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

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


Sec.  62.13110  Identifcation of plan-negative declaration.

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

[FR Doc. 2016-26171 Filed 10-31-16; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.