Approval and Promulgation of State Plans for Designated Facilities and Pollutants; United States Virgin Islands; Other Solid Waste Incineration Units, 43307-43309 [2017-19706]
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43307
Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
State
effective
date
Iowa
citation
Title
*
567–27.3 ............
*
Ordinance or Regulations
*
EPA approval date
*
*
9/15/2017, [Insert Federal
Register citation].
3/22/17
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Explanation
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*
*
*
*
*
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Chapter 28—Ambient Air Quality Standards
567–28.1 ............
Statewide standards ........
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3/22/17
*
9/15/2017, [Insert Federal
Register citation].
*
*
*
Chapter 31—Nonattainment Areas
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567–31.2 ............
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Rescinded ........................
*
*
*
9/15/2017, [Insert Federal
Register citation].
3/22/17
*
*
*
*
Rescinded and reserved.
*
*
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ............
Purpose ............................
3/22/17
567–33.3 ............
Special Construction Permit Requirements for
Major Stationary
Sources in Areas Designated Attainment or
Unclassified (PSD).
3/22/17
*
*
*
*
*
*
*
*
Provisions of the 2010 PM2.5 PSD—Increments,
SILs and SMCs rule (October 20, 2010) relating to
SILs and SMCs that were affected by the January
22, 2013, U.S. Court of Appeals decision are not
SIP approved. Iowa’s rule incorporating EPA’s
2007 revision of the definition of ‘‘chemical processing plants’’ (the ‘‘Ethanol Rule,’’ (May 1, 2007)
or EPA’s 2008 ‘‘fugitive emissions rule,’’ (December 19, 2008) are not SIP-approved.
*
*
5. The authority citation for part 70
continues to read as follows:
40 CFR Part 62
3. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
■
6. Amend appendix A to part 70 by
adding paragraph (r) under the heading
‘‘Iowa’’ to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
Subpart Q—Iowa
4. Amend § 62.3913 by adding
paragraph (e) to read as follows:
■
*
Identification of plan.
*
16:21 Sep 14, 2017
Jkt 241001
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Iowa
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(e) Grammatical revision to the plan
for the control of air emissions from
municipal solid waste landfills
submitted by the Iowa Department of
Natural Resources, on April 13, 2017.
The state effective date of the revision
was March 22, 2017. The effective date
of the amended plan is November 14,
2017.
VerDate Sep<11>2014
*
ENVIRONMENTAL PROTECTION
AGENCY
■
§ 62.3913
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
mstockstill on DSK30JT082PROD with RULES
9/15/2017, [Insert Federal
Register citation].
9/15/2017, [Insert Federal
Register citation].
*
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*
[FR Doc. 2017–19347 Filed 9–14–17; 8:45 am]
BILLING CODE 6560–50–P
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Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; United States Virgin
Islands; 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
declaration for the United States Virgin
Islands, for other solid waste
incineration units. Other solid waste
incineration (OSWI) unit. which is
either a very small municipal waste
combustion unit or an institutional
SUMMARY:
(r) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100, 567–22.103,
567–22.105, and 567–22.108. The state
effective date is March 22, 2017. This
revision is effective November 14, 2017.
*
[EPA–R02–OAR–2017–0338; FRL–9967–42–
Region 2]
E:\FR\FM\15SER1.SGM
15SER1
43308
Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations
waste incineration unit. 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 United States Virgin Islands. The
EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
This direct final rule will be
effective November 14, 2017, without
further notice, unless the EPA receives
adverse comment by October 16, 2017.
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–2017–0338), 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/commentingepa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK30JT082PROD 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
16:21 Sep 14, 2017
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, which includes Other Solid Waste
Incineration (OSWI) units (see 40 CFR
60–3078). Section 129 mandates that all
plan requirements be at least as
protective as the promulgated emission
guidelines. This includes fixed final
compliance dates, fixed compliance
schedules, and Title V permitting
requirements for all affected sources.
Section 129 also requires that state
plans be submitted to EPA within one
year after EPA’s promulgation of the
emission guidelines and compliance
times.
States have options other than
submitting a state plan in order to fulfill
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 December 16, 2005 (70 FR 74907),
the EPA established emission guidelines
and compliance times for existing OSWI
units. The emission guidelines and
compliance times are codified at 40 CFR
part 60, subpart FFFF.
In order to fulfill obligations under
CAA sections 111(d) and 129, the
Department of Planning and Natural
Resources of the Government of the
United States Virgin Islands submitted a
negative declaration letter to the EPA on
April 18, 2017.
The submittal of these declarations
exempts the United States Virgin
Islands 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
1 Section 302(d) of the CAA includes the United
States Virgin Islands in the definition of the term
‘‘State.’’
PO 00000
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the negative declaration letter from the
United States Virgin Islands, 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 issue
of the 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 111(d)/129 plan
submission that complies with the
provisions of the Act and applicable
Federal regulations. 40 CFR 62.04.
Thus, in reviewing 111(d)/129 plan
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, this action 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);
E:\FR\FM\15SER1.SGM
15SER1
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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 14, 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
VerDate Sep<11>2014
16:21 Sep 14, 2017
Jkt 241001
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, Other
Solid Waste Incineration units.
Dated: August 18, 2017.
Catherine R. McCabe,
Acting 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.
2. Subpart CCC is amended by adding
an undesignated center heading and
§ 62.13358 to read as follows:
■
Air Emissions From Other Solid Waste
Incineration (OSWI) Units Constructed
on or Before December 16, 2005
§ 62.13358 Identification of plan—negative
declaration.
Letter from the Virgin Islands
Department of Planning and Natural
Resources submitted April 04, 2017 to
Acting Regional Administrator
Catherine R. Mc Cabe, certifying that the
United States Virgin Islands has no
existing unites pursuant to 40 CFR 60
Subpart FFFF, Emissions Guidelines
and Compliaince Times for Other Solid
Waste Incineration Units that
commenced construction on or before
December 9, 2004.
[FR Doc. 2017–19706 Filed 9–14–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 312
[EPA–HQ–OLEM–2016–0786; FRL–9967–
47–OLEM]
RIN 2050–AG94
Amendment to Standards and
Practices for All Appropriate Inquiries
Under CERCLA
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
On June 20, 2017, the U.S.
Environmental Protection Agency (EPA
SUMMARY:
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43309
or the agency) took direct final action to
amend the All Appropriate Inquiries
Rule to reference ASTM International’s
E2247–16 ‘‘Standard Practice for
Environmental Site Assessments: Phase
I Environmental Site Assessment
Process for Forestland or Rural
Property’’ and allow for its use to satisfy
the statutory requirements for
conducting all appropriate inquiries
under the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA). The direct
final rule was scheduled to be effective
on September 18, 2017, unless EPA
received adverse written comment.
Because EPA received adverse
comment, we are withdrawing the direct
final rule for the Amendment to
Standards and Practices for All
Appropriate Inquiries published on June
20, 2017.
The direct final rule published
on June 20, 2017 at 82 FR 28009 is
withdrawn effective September 15,
2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Patricia Overmeyer, Office of
Brownfields and Land Revitalization
(5105T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460–0002, 202–
566–2774, or overmeyer.patricia@
epa.gov.
Because
EPA received adverse comment, we are
withdrawing the direct final rule for the
Amendment to Standards and Practices
for All Appropriate Inquiries published
on June 20, 2017 (82 FR 28009). We
stated in that direct final rule that if we
received adverse comment by July 20,
2017, the direct final rule would not
take effect and we would publish a
timely withdrawal in the Federal
Register. We subsequently received
adverse comment on that direct final
rule. We addressed the comments
received in the final action, which is
published in the ‘‘Final Rules’’ section
of this Federal Register. As stated in the
direct final rule and the parallel
proposed rule, we will not institute a
second comment period on the parallel
proposed rule published on June 20,
2017 (82 FR 28040).
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 312
Environmental protection,
Administrative practice and procedure,
Hazardous substances,
Intergovernmental relations, Reporting
and recordkeeping requirements,
Superfund.
E:\FR\FM\15SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43307-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19706]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R02-OAR-2017-0338; FRL-9967-42-Region 2]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; United States Virgin Islands; 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 declaration for the United States Virgin Islands, for other
solid waste incineration units. Other solid waste incineration (OSWI)
unit. which is either a very small municipal waste combustion unit or
an institutional
[[Page 43308]]
waste incineration unit. 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 United States Virgin Islands. The EPA is
accepting the negative declaration in accordance with the requirements
of the CAA.
DATES: This direct final rule will be effective November 14, 2017,
without further notice, unless the EPA receives adverse comment by
October 16, 2017. 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-2017-0338), 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 United States Virgin
Islands 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, which includes Other
Solid Waste Incineration (OSWI) units (see 40 CFR 60-3078). Section 129
mandates that all plan requirements be at least as protective as the
promulgated emission guidelines. This includes fixed final compliance
dates, fixed compliance schedules, and Title V permitting requirements
for all affected sources. Section 129 also requires that state plans be
submitted to EPA within one year after EPA's promulgation of the
emission guidelines and compliance times.
States have options other than submitting a state plan in order to
fulfill 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 December 16, 2005 (70 FR 74907), the EPA established emission
guidelines and compliance times for existing OSWI units. The emission
guidelines and compliance times are codified at 40 CFR part 60, subpart
FFFF.
In order to fulfill obligations under CAA sections 111(d) and 129,
the Department of Planning and Natural Resources of the Government of
the United States Virgin Islands submitted a negative declaration
letter to the EPA on April 18, 2017.
The submittal of these declarations exempts the United States
Virgin Islands 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 letter from the United States
Virgin Islands, 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 issue of the 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 111(d)/
129 plan submission that complies with the provisions of the Act and
applicable Federal regulations. 40 CFR 62.04.
Thus, in reviewing 111(d)/129 plan submissions, the EPA's role is
to approve state choices, provided that they meet the criteria of the
CAA.
Accordingly, this action 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);
[[Page 43309]]
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 14, 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, Other Solid Waste Incineration units.
Dated: August 18, 2017.
Catherine R. McCabe,
Acting 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.
0
2. Subpart CCC is amended by adding an undesignated center heading and
Sec. 62.13358 to read as follows:
Air Emissions From Other Solid Waste Incineration (OSWI) Units
Constructed on or Before December 16, 2005
Sec. 62.13358 Identification of plan--negative declaration.
Letter from the Virgin Islands Department of Planning and Natural
Resources submitted April 04, 2017 to Acting Regional Administrator
Catherine R. Mc Cabe, certifying that the United States Virgin Islands
has no existing unites pursuant to 40 CFR 60 Subpart FFFF, Emissions
Guidelines and Compliaince Times for Other Solid Waste Incineration
Units that commenced construction on or before December 9, 2004.
[FR Doc. 2017-19706 Filed 9-14-17; 8:45 am]
BILLING CODE 6560-50-P
