Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations, 44738-44743 [2017-20595]
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44738
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
nonattainment area planning
requirements under sections 172 and
182 of the CAA for the 2008 ozone
NAAQS for the Sacramento Metro area.
No tribe is subject to the requirement to
submit an implementation plan under
section 172 or under subpart 2 of part
D of Title I of the CAA. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks that the EPA has reason to
believe may disproportionately affect
children, per the definition of ‘‘covered
regulatory action’’ in section 2–202 of
the Executive Order. This action is not
subject to Executive Order 13045
because it is a finding that California
has failed to submit certain SIP
revisions that satisfy the nonattainment
area planning requirements under
sections 172 and 182 of the CAA for the
2008 ozone NAAQS for the Sacramento
Metro area and does not directly or
disproportionately affect children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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).
L. Judicial Review
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 November 27,
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 52
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I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. In finding that California
has failed to submit SIP revisions that
satisfy certain nonattainment area
planning requirements under sections
172 and 182 of the CAA for the 2008
ozone NAAQS for the Sacramento Metro
area, this action does not directly affect
the level of protection provided to
human health or the environment.
Dated: August 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
J. Congressional Review Act (CRA)
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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[FR Doc. 2017–20445 Filed 9–25–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2017–0171; FRL–9968–11–
Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: Colorado, Montana, North
Dakota, South Dakota, Utah, and
Wyoming; Negative Declarations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is taking final action to
approve 20 negative declarations for
four designated facility classes in all
Region 8 states. First, the EPA is
approving negative declarations from
Colorado, Montana, North Dakota,
South Dakota and Wyoming for existing
small municipal waste combustor
(MWC) units. Second, the EPA is
approving negative declarations from
Colorado, Montana, North Dakota,
South Dakota, Utah and Wyoming for
existing large MWC units. Third, the
EPA is approving negative declarations
from Montana, South Dakota, Utah and
Wyoming for existing commercial and
industrial solid waste incineration
(CISWI) units. Fourth, the EPA is
approving negative declarations from
Montana, North Dakota, South Dakota,
Utah and Wyoming for existing other
solid waste incineration (OSWI) units.
Each of the negative declaration letters
approved in this final rulemaking action
is a certified statement from the issuing
state that there are no existing
designated facilities of the source
category specified in the negative
declaration, within the jurisdiction of
that state, which would require the
development of a Clean Air Act (CAA)
section 111(d)/129 state plan. These
approved negative declarations will
serve in lieu of a state plan unless a
previously unknown facility falling
under these particular emissions
guidelines is identified and
development of a state plan becomes
necessary.
DATES: This rule is effective October 26,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0171. All
documents in the docket are listed on
the https://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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through Regulations.gov, or
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6396,
lohrke.gregory@epa.gov.
SUMMARY:
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There
have been no changes to the regulatory
language from the language presented in
the previous direct final action
published on June 5, 2017 (82 FR
25734), amended by a correction action
published on August 2, 2017 (82 FR
35906).
SUPPLEMENTARY INFORMATION:
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I. Background Information
The EPA’s statutory authority for
regulating new and existing solid waste
incineration units is outlined in CAA
sections 111 and 129. Section 129 of the
Act is specific to solid waste
combustion and requires the EPA to
establish performance standards for
each category of solid waste
incineration units, which include the
categories addressed in this notice.
Section 111(b) of the Act gives the EPA
the statutory authority to promulgate
new source performance standards
(NSPS) for new incineration units.
Section 111(d) requires states to submit
plans to control designated pollutants at
existing incineration facilities
(designated facilities) whenever
standards of performance have been
established under section 111(b) and the
EPA has established emission
guidelines for existing designated
facilities. Emission guidelines are
implemented and enforced by state
pollution control agencies through these
EPA-approved section 111(d)/129 state
plans or a promulgated federal plan
adopted by the state. If a state does not
have any existing solid waste
incineration units for the relevant
emission guidelines, the state shall
submit a letter to the EPA certifying that
no such units exist within the state (i.e.,
a negative declaration) in lieu of a state
plan.
Emission guidelines for small MWC
units were originally promulgated
alongside guidelines for large MWC
units in December 1995 (40 CFR part 60,
subpart Cb). These guidelines were
vacated by the U.S. Court of Appeals for
the District of Columbia Circuit in
March 1997 when the court held that
the EPA should separately regulate
small MWC units to remain consistent
with the provisions of section 129 of the
CAA. On December 6, 2000, the EPA
issued a final rule (65 FR 76378) to
reestablish emission guidelines and
compliance times for existing small
MWC units constructed on or before
August 30, 1999, that have the capacity
to combust 35 to 250 tons per day of
municipal solid waste (40 CFR part 60,
subpart BBBB). The federal plan for
these units was promulgated on January
31, 2003 (68 FR 5144), at 40 CFR part
62, subpart JJJ.
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In December 1995, the EPA adopted
NSPS (40 CFR part 60, subpart Eb) and
emission guidelines (40 CFR part 60,
subpart Cb) for large MWC units. The
EPA conducted a five-year review of the
NSPS and emission guidelines for large
MWC units as required by section
129(a)(5) of the CAA and proposed
amendments on December 19, 2005 (70
FR 75348). On May 10, 2006, after
consideration of comments received on
this proposal, revisions and
amendments to the emission guidelines
and compliance times for large MWC
units were promulgated at 40 CFR part
60, subpart Cb (71 FR 27323).
On February 7, 2013, revision of the
emission guidelines and compliance
times for CISWI units was adopted and
promulgated (78 FR 9112) at 40 CFR
part 60, subpart DDDD. Reconsideration
of certain aspects of the final rule due
to public comment resulted in minor
amendments to the CISWI rule being
made on June 23, 2016. On October 3,
2003, the EPA promulgated the federal
plan for CISWI units that commenced
construction on or before November 30,
1999 (68 FR 57539), at 40 CFR part 62,
subpart III.
On December 16, 2005, emission
guidelines and compliance times were
promulgated for existing other solid
waste incineration units that
commenced construction on or before
December 9, 2004 (70 FR 74907), at 40
CFR part 60, subpart FFFF.
Reconsideration of certain aspects of the
final rule resulted in minor amendments
to the OSWI rule being made on January
22, 2007.
The EPA proposed approval and
promulgation of several negative
declarations from the EPA Region 8
states for the above emission guidelines
by publishing in parallel proposed and
direct final rulemaking actions on June
5, 2017 (82 FR 25753 and 82 FR 25734).
A correction to the amended regulatory
language was published on August 2,
2017 (82 FR 35906). During the public
commentary period of the proposal, the
EPA received one comment. In general,
this comment claimed the proposed and
direct final actions lacked sufficient
proof that no environmental impact
would result from the rulemaking
action. The EPA disagrees with this
claim, and a more complete summary of
the comment and the EPA’s response
and justification for final rulemaking
can be found in section ‘‘III. Response
to Public Comments,’’ of this preamble.
However, receipt of the comment
necessitated a timely withdrawal of the
direct final rulemaking action on August
4, 2017 (82 FR 36335), and the
subsequent initiation of the present final
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44739
rulemaking action to promulgate the
approved negative declarations.
II. State Submittals
A. Existing Small Municipal Waste
Combustion Units Negative Declarations
From the States of Colorado, Montana,
North Dakota, South Dakota and
Wyoming
The Colorado Department of Public
Health and Environment, the Montana
Department of Environmental Quality,
the North Dakota Department of Health,
the South Dakota Department of
Environment and Natural Resources and
the Wyoming Department of
Environmental Quality have submitted
letters certifying that there are no
existing small MWC units under state
jurisdiction in their respective states
subject to 40 CFR part 60, subpart
BBBB. These negative declarations meet
the requirements of 40 CFR 62.06, and
the EPA outlines no formal review
process for negative declaration letters
under subpart BBBB—Emission
Guidelines and Compliance Times for
Small Municipal Waste Combustion
Units Constructed On or Before August
30, 1999. The dates of submission for
these letters are outlined in the table
below.
State agency submitting the
negative declaration
Date of letter
to EPA Region 8 Office
Colorado Department of Public Health and Environment.
Montana Department of Environmental Quality.
North Dakota Department of
Health.
South Dakota Department of
Environment and Natural
Resources.
Wyoming Department of Environmental Quality.
January 8,
2001.
June 27,
2005.
November 27,
2001.
January 25,
2002.
October 9,
2001.
B. Existing Large Municipal Waste
Combustion Units Continued Negative
Declarations From the States of
Colorado, Montana, North Dakota,
South Dakota, Utah and Wyoming
The Colorado Department of Public
Health and Environment, the Montana
Department of Environmental Quality,
the North Dakota Department of Health,
the South Dakota Department of
Environment and Natural Resources, the
Utah Department of Environmental
Quality and the Wyoming Department
of Environmental Quality have
submitted letters continuing their
certification that there are no existing
large MWC units under state
jurisdiction in their respective states
subject to 40 CFR part 60, subpart Cb.
These negative declarations meet the
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requirements of 40 CFR 62.06, and the
EPA outlines no formal review process
for negative declaration letters under 40
CFR part 60, subpart Cb—Emissions
Guidelines and Compliance Times for
Large Municipal Waste Combustors
That Are Constructed On or Before
September 20, 1994. The dates of
submission for these letters are outlined
in the table below.
State agency submitting the
negative declaration
Date of letter
to EPA Region 8 Office
Colorado Department of Public Health and Environment.
Montana Department of Environmental Quality.
North Dakota Department of
Health.
South Dakota Department of
Environment and Natural
Resources.
Utah Department of Environmental Quality.
Wyoming Department of Environmental Quality.
October 13,
2015.
March 18,
2015.
February 26,
2015.
April 3, 2017.
March 22,
2017.
April 23, 2015.
C. Existing Commercial and Industrial
Solid Waste Incineration Units
Continued Negative Declarations From
the States of Montana, South Dakota,
Utah and Wyoming
The Montana Department of
Environmental Quality, the South
Dakota Department of Environment and
Natural Resources, the Utah Department
of Environmental Quality and the
Wyoming Department of Environmental
Quality have submitted letters
continuing their certification that there
are no existing CISWI units under state
jurisdiction in their respective states
subject to 40 CFR part 60, subpart
DDDD. These negative declarations meet
the requirements of 40 CFR 62.06, and
the EPA outlines no formal review
process for negative declaration letters
under 40 CFR part 60, subpart DDDD—
Emissions Guidelines and Compliance
Times for Commercial and Industrial
Solid Waste Incineration Units That
Commenced Construction On or Before
November 30, 1999. The dates of
submission for these letters are outlined
in the table below.
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State agency submitting the
negative declaration
Date of letter
to EPA Region 8 Office
Montana Department of Environmental Quality.
South Dakota Department of
Environment and Natural
Resources.
Utah Department of Environmental Quality.
Wyoming Department of Environmental Quality.
March 18,
2015.
April 3, 2017.
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March 22,
2017.
February 23,
2017.
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D. Existing Other Solid Waste
Incineration Units Negative
Declarations From the States of
Montana, North Dakota, South Dakota,
Utah and Wyoming
The Montana Department of
Environmental Quality, the North
Dakota Department of Health, the South
Dakota Department of Environment and
Natural Resources, the Utah Department
of Environmental Quality and the
Wyoming Department of Environmental
Quality have submitted letters certifying
that there are no existing OSWI units
under state jurisdiction in their
respective states subject to 40 CFR part
60, subpart FFFF. These negative
declarations meet the requirements of
40 CFR 62.06, and the EPA outlines no
formal review process for negative
declaration letters under 40 CFR part 60,
subpart FFFF—Emission Guidelines and
Compliance Times for Other Solid
Waste Incineration Units That
Commenced Construction On or Before
December 9, 2004. The dates of
submission for these letters are outlined
in the table below.
State agency submitting the
negative declaration
Montana Department of Environmental Quality.
North Dakota Department of
Health.
South Dakota Department of
Environment and Natural
Resources.
Utah Department of Environmental Quality.
Wyoming Department of Environmental Quality.
Date of letter
to EPA Region 8 Office
March 18,
2015.
September
20, 2006.
May 4, 2007.
December 20,
2006.
May 3, 2007.
III. Response to Public Comments
Today’s rule will be finalized as
proposed without revisions. The EPA
received a total of one public comment
on the proposed approval and
promulgation of negative declarations
from Region 8 states. After considering
the comment, the EPA has determined
that the comment is outside the scope
of the purpose and effect of the
proposed action. The following section
is a summary of the public comment
received, the response, and the rationale
for the EPA’s decision to proceed with
the proposed action without revisions.
The comment to which this section is
addressed is located in the docket for
this rulemaking action, which can be
accessed by following the instructions
outlined in the ADDRESSES section of
this preamble.
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A. Failure To Document ‘No Negative
Effect’
Comment: The comment received, as
it was written on the Regulations.gov
Web site, is presented here for clarity:
‘‘The documentation provided is
rather limited. While there is a
declaration of no negative effect, proof
of that would be needed rather than to
issue a statement saying there is no
negative effect. There needs to be an
analysis of the public that helps
determine that for sure and not violate
the NEPA provisions that would require
public involvement.’’
Response: This comment raises issues
outside the scope of the EPA’s approval
of negative declarations concerning
designated facilities covered under CAA
section 111(d)/129. The EPA’s direct
final rule would approve letters from
states stating that no incinerators of
certain categories and classes existed
within the states’ jurisdiction in
accordance with the relevant regulations
at 40 CFR 60.23(b) and 62.06. The EPA
made no ‘‘declaration of no negative
effect.’’ The EPA also provided the
appropriate documentation, as scanned
copies of the negative declaration letters
from the states are available in this
rulemaking’s docket, filed as supporting
documents. These certified negative
declarations will serve in lieu of a
111(d)/129 state plan unless a relevant
existing designated facility is found
within state jurisdiction and
development of a state plan is required.
In no case would the negative
declaration process trigger a NEPA
review nor would the EPA be required
to undertake an environmental or
economic impact analysis of a section
111(d) negative declaration and issue a
finding analogous to a ‘‘declaration of
no negative effect.’’
IV. Final Action
The EPA is approving the negative
declarations for existing small MWC
units for the states of Colorado,
Montana, North Dakota, South Dakota
and Wyoming. The negative
declarations satisfy the requirements of
40 CFR 62.06 and will serve in lieu of
CAA section 111(d)/129 state plans for
the specified states and source category.
The EPA is also approving the
updated negative declarations for
existing large MWC units for the states
of Colorado, Montana, North Dakota,
South Dakota, Utah and Wyoming. The
negative declarations satisfy the
requirements of 40 CFR 62.06 and will
serve in lieu of CAA section 111(d)/129
state plans for the specified states and
source category.
The EPA is also publishing the
updated negative declarations for
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existing CISWI units for the states of
Montana, South Dakota, Utah and
Wyoming. The negative declarations
satisfy the requirements of 40 CFR 62.06
and will serve in lieu of CAA section
111(d)/129 state plans for the specified
states and source category.
The EPA is also approving the
negative declarations for existing OSWI
units for the states of Montana, North
Dakota, South Dakota, Utah and
Wyoming. The negative declarations
satisfy the requirements of 40 CFR 62.06
and will serve in lieu of CAA section
111(d)/129 state plans for the specified
states and source category.
V. Statutory and Executive Order
Review
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 at 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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application of those requirements would
be inconsistent with the CAA; and,
• Is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
In addition, this rule is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 27, 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 it
shall not postpone the effectiveness of
such rule or action. Under CAA section
307(b)(2), this action may not be
challenged later in proceedings to
enforce its requirements.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Commercial
industrial solid waste incineration,
Intergovernmental relations, Municipal
solid waste combustion, Other solid
waste incineration.
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44741
Dated: September 7, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
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 G—Colorado
■
2. Revise § 62.1370 to read as follows:
§ 62.1370 Identification of plan—negative
declaration.
Letter from the Colorado Department
of Public Health and Environment
submitted October 13, 2015, certifying
that there are no existing large
municipal waste combustion units
within the State of Colorado that are
subject to part 60, subpart Cb, of this
chapter.
■ 3. Subpart G is amended by adding an
undesignated center heading and
§ 62.1400 to read as follows:
Emissions From Existing Small
Municipal Waste Combustion Units
§ 62.1400 Identification of plan—negative
declaration.
Letter from the Colorado Department
of Public Health and Environment
submitted January 8, 2001, certifying
that there are no existing small
municipal waste combustion units
within the State of Colorado that are
subject to part 60, subpart BBBB, of this
chapter.
Subpart BB—Montana
■
4. Revise § 62.6620 to read as follows:
§ 62.6620 Identification of plan—negative
declaration.
Letter from the Montana Department
of Environmental Quality submitted
March 18, 2015, certifying that there are
no existing large municipal waste
combustion units within the State of
Montana that are subject to part 60,
subpart Cb, of this chapter.
■ 5. Revise § 62.6630 to read as follows:
§ 62.6630 Identification of plan—negative
declaration.
Letter from the Montana Department
of Environmental Quality submitted
March 18, 2015, certifying that there are
no existing commercial and industrial
solid waste incineration units within
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the State of Montana that are subject to
part 60, subpart DDDD, of this chapter.
Emissions From Existing Other Solid
Waste Incineration Units
6. Subpart BB is amended by adding
an undesignated center heading and
§ 62.6650 to read as follows:
§ 62.8660 Identification of plan—negative
declaration.
■
Emissions From Existing Small
Municipal Waste Combustion Units
§ 62.6650 Identification of plan—negative
declaration.
Letter from the Montana Department
of Environmental Quality submitted
June 27, 2005, certifying that there are
no existing small municipal waste
combustion units within the State of
Montana that are subject to part 60,
subpart BBBB, of this chapter.
7. Subpart BB is amended by adding
an undesignated center heading and
§ 62.6660 to read as follows:
■
Emissions From Existing Other Solid
Waste Incineration Units
§ 62.6660 Identification of plan—negative
declaration.
Letter from the Montana Department
of Environmental Quality submitted
March 18, 2015, certifying that there are
no existing other solid waste
incineration units within the State of
Montana that are subject to part 60,
subpart FFFF, of this chapter.
Subpart JJ—North Dakota
■
8. Revise § 62.8620 to read as follows:
§ 62.8620 Identification of plan—negative
declaration.
Letter from the North Dakota
Department of Health submitted
February 26, 2015, certifying that there
are no existing large municipal waste
combustion units within the State of
North Dakota that are subject to part 60,
subpart Cb, of this chapter.
9. Subpart JJ is amended by adding an
undesignated center heading and
§ 62.8650 to read as follows:
■
Emissions From Existing Small
Municipal Waste Combustion Units
Pmangrum on DSK3GDR082PROD with RULES
§ 62.8650 Identification of plan—negative
declaration.
Letter from the North Dakota
Department of Health submitted
November 27, 2001, certifying that there
are no existing small municipal waste
combustion units within the State of
North Dakota that are subject to part 60,
subpart BBBB, of this chapter.
10. Subpart JJ is amended by adding
an undesignated center heading and
§ 62.8660 to read as follows:
■
VerDate Sep<11>2014
15:04 Sep 25, 2017
Jkt 241001
Letter from the North Dakota
Department of Health submitted
September 20, 2006, certifying that there
are no existing other solid waste
incineration units within the State of
North Dakota that are subject to part 60,
subpart FFFF, of this chapter.
Subpart QQ—South Dakota
11. Revise § 62.10370 to read as
follows:
■
§ 62.10370 Identification of plan—negative
declaration.
Letter from the South Dakota
Department of Environment and Natural
Resources submitted April 3, 2017,
certifying that there are no existing large
municipal waste combustion units
within the State of South Dakota that are
subject to part 60, subpart Cb, of this
chapter.
■ 12. Revise § 62.10380 to read as
follows:
§ 62.10380 Identification of plan—negative
declaration.
Letter from the South Dakota
Department of Environment and Natural
Resources submitted April 3, 2017,
certifying that there are no existing
commercial and industrial solid waste
incineration units within the State of
South Dakota that are subject to part 60,
subpart DDDD, of this chapter.
■ 13. Subpart QQ is amended by adding
an undesignated center heading and
§ 62.10400 to read as follows:
Emissions From Existing Small
Municipal Waste Combustion Units
other solid waste incineration units
within the State of South Dakota that are
subject to part 60, subpart FFFF, of this
chapter.
Subpart TT—Utah
15. Revise § 62.11130 to read as
follows:
■
§ 62.11130 Identification of plan—negative
declaration.
Letter from the Utah Department of
Environmental Quality submitted March
22, 2017, certifying that there are no
existing large municipal waste
combustion units within the State of
Utah that are subject to part 60, subpart
Cb, of this chapter.
■ 16. Revise § 62.11140 to read as
follows:
§ 62.11140 Identification of plan—negative
declaration.
Letter from the Utah Department of
Environmental Quality submitted March
22, 2017, certifying that there are no
existing commercial and industrial solid
waste incineration units within the
State of Utah that are subject to part 60,
subpart DDDD, of this chapter.
■ 17. Subpart TT is amended by adding
an undesignated center heading and
§ 62.11160 to read as follows:
Emissions From Existing Other Solid
Waste Incineration Units
§ 62.11160 Identification of plan—negative
declaration.
Letter from the Utah Department of
Environmental Quality submitted
December 20, 2006, certifying that there
are no existing other solid waste
incineration units within the State of
Utah that are subject to part 60, subpart
FFFF, of this chapter.
§ 62.10400 Identification of plan—negative
declaration.
Subpart ZZ—Wyoming
Letter from the South Dakota
Department of Environment and Natural
Resources submitted January 25, 2002,
certifying that there are no existing
small municipal waste combustion units
within the State of South Dakota that are
subject to part 60, subpart BBBB, of this
chapter.
■ 14. Subpart QQ is amended by adding
an undesignated center heading and
§ 62.10410 to read as follows:
■
18. Revise § 62.12620 to read as
follows:
§ 62.12620 Identification of plan—negative
declaration.
Emissions From Existing Other Solid
Waste Incineration Units
Letter from the Wyoming Department
of Environmental Quality submitted
April 23, 2015, certifying that there are
no existing large municipal waste
combustion units within the State of
Wyoming that are subject to part 60,
subpart Cb, of this chapter.
■ 19. Revise § 62.12630 to read as
follows:
§ 62.10410 Identification of plan—negative
declaration.
§ 62.12630 Identification of plan—negative
declaration.
Letter from the South Dakota
Department of Environment and Natural
Resources submitted May 4, 2007,
certifying that there are no existing
Letter from the Wyoming Department
of Environmental Quality submitted
February 23, 2017, certifying that there
are no existing commercial and
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industrial solid waste incineration units
within the State of Wyoming that are
subject to part 60, subpart DDDD, of this
chapter.
■ 20. Subpart ZZ is amended by adding
an undesignated center heading and
§ 62.12650 to read as follows:
Emissions From Existing Small
Municipal Waste Combustion Units
October 9, 2001, certifying that there are
no existing small municipal waste
combustion units within the State of
Wyoming that are subject to part 60,
subpart BBBB, of this chapter.
21. Subpart ZZ is amended by adding
an undesignated center heading and
§ 62.12660 to read as follows:
■
§ 62.12650 Identification of plan—negative
declaration.
Pmangrum on DSK3GDR082PROD with RULES
Letter from the Wyoming Department
of Environmental Quality submitted
VerDate Sep<11>2014
15:04 Sep 25, 2017
Jkt 241001
PO 00000
44743
Emissions From Existing Other Solid
Waste Incineration Units
§ 62.12660 Identification of plan—negative
declaration.
Letter from the Wyoming Department
of Environmental Quality submitted
May 3, 2007, certifying that there are no
existing other solid waste incineration
units within the State of Wyoming that
are subject to part 60, subpart FFFF, of
this chapter.
[FR Doc. 2017–20595 Filed 9–25–17; 8:45 am]
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]]>Agencies
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44738-44743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20595]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2017-0171; FRL-9968-11-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming; Negative Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve 20 negative declarations for four designated facility
classes in all Region 8 states. First, the EPA is approving negative
declarations from Colorado, Montana, North Dakota, South Dakota and
Wyoming for existing small municipal waste combustor (MWC) units.
Second, the EPA is approving negative declarations from Colorado,
Montana, North Dakota, South Dakota, Utah and Wyoming for existing
large MWC units. Third, the EPA is approving negative declarations from
Montana, South Dakota, Utah and Wyoming for existing commercial and
industrial solid waste incineration (CISWI) units. Fourth, the EPA is
approving negative declarations from Montana, North Dakota, South
Dakota, Utah and Wyoming for existing other solid waste incineration
(OSWI) units. Each of the negative declaration letters approved in this
final rulemaking action is a certified statement from the issuing state
that there are no existing designated facilities of the source category
specified in the negative declaration, within the jurisdiction of that
state, which would require the development of a Clean Air Act (CAA)
section 111(d)/129 state plan. These approved negative declarations
will serve in lieu of a state plan unless a previously unknown facility
falling under these particular emissions guidelines is identified and
development of a state plan becomes necessary.
DATES: This rule is effective October 26, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2017-0171. All documents in the docket are
listed on the https://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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through
Regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396,
lohrke.gregory@epa.gov.
[[Page 44739]]
SUPPLEMENTARY INFORMATION: There have been no changes to the regulatory
language from the language presented in the previous direct final
action published on June 5, 2017 (82 FR 25734), amended by a correction
action published on August 2, 2017 (82 FR 35906).
I. Background Information
The EPA's statutory authority for regulating new and existing solid
waste incineration units is outlined in CAA sections 111 and 129.
Section 129 of the Act is specific to solid waste combustion and
requires the EPA to establish performance standards for each category
of solid waste incineration units, which include the categories
addressed in this notice. Section 111(b) of the Act gives the EPA the
statutory authority to promulgate new source performance standards
(NSPS) for new incineration units. Section 111(d) requires states to
submit plans to control designated pollutants at existing incineration
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) and the EPA has established
emission guidelines for existing designated facilities. Emission
guidelines are implemented and enforced by state pollution control
agencies through these EPA-approved section 111(d)/129 state plans or a
promulgated federal plan adopted by the state. If a state does not have
any existing solid waste incineration units for the relevant emission
guidelines, the state shall submit a letter to the EPA certifying that
no such units exist within the state (i.e., a negative declaration) in
lieu of a state plan.
Emission guidelines for small MWC units were originally promulgated
alongside guidelines for large MWC units in December 1995 (40 CFR part
60, subpart Cb). These guidelines were vacated by the U.S. Court of
Appeals for the District of Columbia Circuit in March 1997 when the
court held that the EPA should separately regulate small MWC units to
remain consistent with the provisions of section 129 of the CAA. On
December 6, 2000, the EPA issued a final rule (65 FR 76378) to
reestablish emission guidelines and compliance times for existing small
MWC units constructed on or before August 30, 1999, that have the
capacity to combust 35 to 250 tons per day of municipal solid waste (40
CFR part 60, subpart BBBB). The federal plan for these units was
promulgated on January 31, 2003 (68 FR 5144), at 40 CFR part 62,
subpart JJJ.
In December 1995, the EPA adopted NSPS (40 CFR part 60, subpart Eb)
and emission guidelines (40 CFR part 60, subpart Cb) for large MWC
units. The EPA conducted a five-year review of the NSPS and emission
guidelines for large MWC units as required by section 129(a)(5) of the
CAA and proposed amendments on December 19, 2005 (70 FR 75348). On May
10, 2006, after consideration of comments received on this proposal,
revisions and amendments to the emission guidelines and compliance
times for large MWC units were promulgated at 40 CFR part 60, subpart
Cb (71 FR 27323).
On February 7, 2013, revision of the emission guidelines and
compliance times for CISWI units was adopted and promulgated (78 FR
9112) at 40 CFR part 60, subpart DDDD. Reconsideration of certain
aspects of the final rule due to public comment resulted in minor
amendments to the CISWI rule being made on June 23, 2016. On October 3,
2003, the EPA promulgated the federal plan for CISWI units that
commenced construction on or before November 30, 1999 (68 FR 57539), at
40 CFR part 62, subpart III.
On December 16, 2005, emission guidelines and compliance times were
promulgated for existing other solid waste incineration units that
commenced construction on or before December 9, 2004 (70 FR 74907), at
40 CFR part 60, subpart FFFF. Reconsideration of certain aspects of the
final rule resulted in minor amendments to the OSWI rule being made on
January 22, 2007.
The EPA proposed approval and promulgation of several negative
declarations from the EPA Region 8 states for the above emission
guidelines by publishing in parallel proposed and direct final
rulemaking actions on June 5, 2017 (82 FR 25753 and 82 FR 25734). A
correction to the amended regulatory language was published on August
2, 2017 (82 FR 35906). During the public commentary period of the
proposal, the EPA received one comment. In general, this comment
claimed the proposed and direct final actions lacked sufficient proof
that no environmental impact would result from the rulemaking action.
The EPA disagrees with this claim, and a more complete summary of the
comment and the EPA's response and justification for final rulemaking
can be found in section ``III. Response to Public Comments,'' of this
preamble. However, receipt of the comment necessitated a timely
withdrawal of the direct final rulemaking action on August 4, 2017 (82
FR 36335), and the subsequent initiation of the present final
rulemaking action to promulgate the approved negative declarations.
II. State Submittals
A. Existing Small Municipal Waste Combustion Units Negative
Declarations From the States of Colorado, Montana, North Dakota, South
Dakota and Wyoming
The Colorado Department of Public Health and Environment, the
Montana Department of Environmental Quality, the North Dakota
Department of Health, the South Dakota Department of Environment and
Natural Resources and the Wyoming Department of Environmental Quality
have submitted letters certifying that there are no existing small MWC
units under state jurisdiction in their respective states subject to 40
CFR part 60, subpart BBBB. These negative declarations meet the
requirements of 40 CFR 62.06, and the EPA outlines no formal review
process for negative declaration letters under subpart BBBB--Emission
Guidelines and Compliance Times for Small Municipal Waste Combustion
Units Constructed On or Before August 30, 1999. The dates of submission
for these letters are outlined in the table below.
------------------------------------------------------------------------
State agency submitting the negative Date of letter to EPA Region
declaration 8 Office
------------------------------------------------------------------------
Colorado Department of Public Health and January 8, 2001.
Environment.
Montana Department of Environmental June 27, 2005.
Quality.
North Dakota Department of Health......... November 27, 2001.
South Dakota Department of Environment and January 25, 2002.
Natural Resources.
Wyoming Department of Environmental October 9, 2001.
Quality.
------------------------------------------------------------------------
B. Existing Large Municipal Waste Combustion Units Continued Negative
Declarations From the States of Colorado, Montana, North Dakota, South
Dakota, Utah and Wyoming
The Colorado Department of Public Health and Environment, the
Montana Department of Environmental Quality, the North Dakota
Department of Health, the South Dakota Department of Environment and
Natural Resources, the Utah Department of Environmental Quality and the
Wyoming Department of Environmental Quality have submitted letters
continuing their certification that there are no existing large MWC
units under state jurisdiction in their respective states subject to 40
CFR part 60, subpart Cb. These negative declarations meet the
[[Page 44740]]
requirements of 40 CFR 62.06, and the EPA outlines no formal review
process for negative declaration letters under 40 CFR part 60, subpart
Cb--Emissions Guidelines and Compliance Times for Large Municipal Waste
Combustors That Are Constructed On or Before September 20, 1994. The
dates of submission for these letters are outlined in the table below.
------------------------------------------------------------------------
State agency submitting the negative Date of letter to EPA Region
declaration 8 Office
------------------------------------------------------------------------
Colorado Department of Public Health and October 13, 2015.
Environment.
Montana Department of Environmental March 18, 2015.
Quality.
North Dakota Department of Health......... February 26, 2015.
South Dakota Department of Environment and April 3, 2017.
Natural Resources.
Utah Department of Environmental Quality.. March 22, 2017.
Wyoming Department of Environmental April 23, 2015.
Quality.
------------------------------------------------------------------------
C. Existing Commercial and Industrial Solid Waste Incineration Units
Continued Negative Declarations From the States of Montana, South
Dakota, Utah and Wyoming
The Montana Department of Environmental Quality, the South Dakota
Department of Environment and Natural Resources, the Utah Department of
Environmental Quality and the Wyoming Department of Environmental
Quality have submitted letters continuing their certification that
there are no existing CISWI units under state jurisdiction in their
respective states subject to 40 CFR part 60, subpart DDDD. These
negative declarations meet the requirements of 40 CFR 62.06, and the
EPA outlines no formal review process for negative declaration letters
under 40 CFR part 60, subpart DDDD--Emissions Guidelines and Compliance
Times for Commercial and Industrial Solid Waste Incineration Units That
Commenced Construction On or Before November 30, 1999. The dates of
submission for these letters are outlined in the table below.
------------------------------------------------------------------------
State agency submitting the negative Date of letter to EPA Region
declaration 8 Office
------------------------------------------------------------------------
Montana Department of Environmental March 18, 2015.
Quality.
South Dakota Department of Environment and April 3, 2017.
Natural Resources.
Utah Department of Environmental Quality.. March 22, 2017.
Wyoming Department of Environmental February 23, 2017.
Quality.
------------------------------------------------------------------------
D. Existing Other Solid Waste Incineration Units Negative Declarations
From the States of Montana, North Dakota, South Dakota, Utah and
Wyoming
The Montana Department of Environmental Quality, the North Dakota
Department of Health, the South Dakota Department of Environment and
Natural Resources, the Utah Department of Environmental Quality and the
Wyoming Department of Environmental Quality have submitted letters
certifying that there are no existing OSWI units under state
jurisdiction in their respective states subject to 40 CFR part 60,
subpart FFFF. These negative declarations meet the requirements of 40
CFR 62.06, and the EPA outlines no formal review process for negative
declaration letters under 40 CFR part 60, subpart FFFF--Emission
Guidelines and Compliance Times for Other Solid Waste Incineration
Units That Commenced Construction On or Before December 9, 2004. The
dates of submission for these letters are outlined in the table below.
------------------------------------------------------------------------
State agency submitting the negative Date of letter to EPA Region
declaration 8 Office
------------------------------------------------------------------------
Montana Department of Environmental March 18, 2015.
Quality.
North Dakota Department of Health......... September 20, 2006.
South Dakota Department of Environment and May 4, 2007.
Natural Resources.
Utah Department of Environmental Quality.. December 20, 2006.
Wyoming Department of Environmental May 3, 2007.
Quality.
------------------------------------------------------------------------
III. Response to Public Comments
Today's rule will be finalized as proposed without revisions. The
EPA received a total of one public comment on the proposed approval and
promulgation of negative declarations from Region 8 states. After
considering the comment, the EPA has determined that the comment is
outside the scope of the purpose and effect of the proposed action. The
following section is a summary of the public comment received, the
response, and the rationale for the EPA's decision to proceed with the
proposed action without revisions. The comment to which this section is
addressed is located in the docket for this rulemaking action, which
can be accessed by following the instructions outlined in the ADDRESSES
section of this preamble.
A. Failure To Document `No Negative Effect'
Comment: The comment received, as it was written on the
Regulations.gov Web site, is presented here for clarity:
``The documentation provided is rather limited. While there is a
declaration of no negative effect, proof of that would be needed rather
than to issue a statement saying there is no negative effect. There
needs to be an analysis of the public that helps determine that for
sure and not violate the NEPA provisions that would require public
involvement.''
Response: This comment raises issues outside the scope of the EPA's
approval of negative declarations concerning designated facilities
covered under CAA section 111(d)/129. The EPA's direct final rule would
approve letters from states stating that no incinerators of certain
categories and classes existed within the states' jurisdiction in
accordance with the relevant regulations at 40 CFR 60.23(b) and 62.06.
The EPA made no ``declaration of no negative effect.'' The EPA also
provided the appropriate documentation, as scanned copies of the
negative declaration letters from the states are available in this
rulemaking's docket, filed as supporting documents. These certified
negative declarations will serve in lieu of a 111(d)/129 state plan
unless a relevant existing designated facility is found within state
jurisdiction and development of a state plan is required. In no case
would the negative declaration process trigger a NEPA review nor would
the EPA be required to undertake an environmental or economic impact
analysis of a section 111(d) negative declaration and issue a finding
analogous to a ``declaration of no negative effect.''
IV. Final Action
The EPA is approving the negative declarations for existing small
MWC units for the states of Colorado, Montana, North Dakota, South
Dakota and Wyoming. The negative declarations satisfy the requirements
of 40 CFR 62.06 and will serve in lieu of CAA section 111(d)/129 state
plans for the specified states and source category.
The EPA is also approving the updated negative declarations for
existing large MWC units for the states of Colorado, Montana, North
Dakota, South Dakota, Utah and Wyoming. The negative declarations
satisfy the requirements of 40 CFR 62.06 and will serve in lieu of CAA
section 111(d)/129 state plans for the specified states and source
category.
The EPA is also publishing the updated negative declarations for
[[Page 44741]]
existing CISWI units for the states of Montana, South Dakota, Utah and
Wyoming. The negative declarations satisfy the requirements of 40 CFR
62.06 and will serve in lieu of CAA section 111(d)/129 state plans for
the specified states and source category.
The EPA is also approving the negative declarations for existing
OSWI units for the states of Montana, North Dakota, South Dakota, Utah
and Wyoming. The negative declarations satisfy the requirements of 40
CFR 62.06 and will serve in lieu of CAA section 111(d)/129 state plans
for the specified states and source category.
V. Statutory and Executive Order Review
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 at 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 CAA; and,
Is not subject to Executive Order 12898 (59 FR 7629,
February 16, 1994) because it does not establish an environmental
health or safety standard.
In addition, this rule is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 27, 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 it shall not postpone the effectiveness of such rule or
action. Under CAA section 307(b)(2), this action may not be challenged
later in proceedings to enforce its requirements.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Commercial industrial solid waste incineration,
Intergovernmental relations, Municipal solid waste combustion, Other
solid waste incineration.
Dated: September 7, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
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 G--Colorado
0
2. Revise Sec. 62.1370 to read as follows:
Sec. 62.1370 Identification of plan--negative declaration.
Letter from the Colorado Department of Public Health and
Environment submitted October 13, 2015, certifying that there are no
existing large municipal waste combustion units within the State of
Colorado that are subject to part 60, subpart Cb, of this chapter.
0
3. Subpart G is amended by adding an undesignated center heading and
Sec. 62.1400 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.1400 Identification of plan--negative declaration.
Letter from the Colorado Department of Public Health and
Environment submitted January 8, 2001, certifying that there are no
existing small municipal waste combustion units within the State of
Colorado that are subject to part 60, subpart BBBB, of this chapter.
Subpart BB--Montana
0
4. Revise Sec. 62.6620 to read as follows:
Sec. 62.6620 Identification of plan--negative declaration.
Letter from the Montana Department of Environmental Quality
submitted March 18, 2015, certifying that there are no existing large
municipal waste combustion units within the State of Montana that are
subject to part 60, subpart Cb, of this chapter.
0
5. Revise Sec. 62.6630 to read as follows:
Sec. 62.6630 Identification of plan--negative declaration.
Letter from the Montana Department of Environmental Quality
submitted March 18, 2015, certifying that there are no existing
commercial and industrial solid waste incineration units within
[[Page 44742]]
the State of Montana that are subject to part 60, subpart DDDD, of this
chapter.
0
6. Subpart BB is amended by adding an undesignated center heading and
Sec. 62.6650 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.6650 Identification of plan--negative declaration.
Letter from the Montana Department of Environmental Quality
submitted June 27, 2005, certifying that there are no existing small
municipal waste combustion units within the State of Montana that are
subject to part 60, subpart BBBB, of this chapter.
0
7. Subpart BB is amended by adding an undesignated center heading and
Sec. 62.6660 to read as follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.6660 Identification of plan--negative declaration.
Letter from the Montana Department of Environmental Quality
submitted March 18, 2015, certifying that there are no existing other
solid waste incineration units within the State of Montana that are
subject to part 60, subpart FFFF, of this chapter.
Subpart JJ--North Dakota
0
8. Revise Sec. 62.8620 to read as follows:
Sec. 62.8620 Identification of plan--negative declaration.
Letter from the North Dakota Department of Health submitted
February 26, 2015, certifying that there are no existing large
municipal waste combustion units within the State of North Dakota that
are subject to part 60, subpart Cb, of this chapter.
0
9. Subpart JJ is amended by adding an undesignated center heading and
Sec. 62.8650 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.8650 Identification of plan--negative declaration.
Letter from the North Dakota Department of Health submitted
November 27, 2001, certifying that there are no existing small
municipal waste combustion units within the State of North Dakota that
are subject to part 60, subpart BBBB, of this chapter.
0
10. Subpart JJ is amended by adding an undesignated center heading and
Sec. 62.8660 to read as follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.8660 Identification of plan--negative declaration.
Letter from the North Dakota Department of Health submitted
September 20, 2006, certifying that there are no existing other solid
waste incineration units within the State of North Dakota that are
subject to part 60, subpart FFFF, of this chapter.
Subpart QQ--South Dakota
0
11. Revise Sec. 62.10370 to read as follows:
Sec. 62.10370 Identification of plan--negative declaration.
Letter from the South Dakota Department of Environment and Natural
Resources submitted April 3, 2017, certifying that there are no
existing large municipal waste combustion units within the State of
South Dakota that are subject to part 60, subpart Cb, of this chapter.
0
12. Revise Sec. 62.10380 to read as follows:
Sec. 62.10380 Identification of plan--negative declaration.
Letter from the South Dakota Department of Environment and Natural
Resources submitted April 3, 2017, certifying that there are no
existing commercial and industrial solid waste incineration units
within the State of South Dakota that are subject to part 60, subpart
DDDD, of this chapter.
0
13. Subpart QQ is amended by adding an undesignated center heading and
Sec. 62.10400 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.10400 Identification of plan--negative declaration.
Letter from the South Dakota Department of Environment and Natural
Resources submitted January 25, 2002, certifying that there are no
existing small municipal waste combustion units within the State of
South Dakota that are subject to part 60, subpart BBBB, of this
chapter.
0
14. Subpart QQ is amended by adding an undesignated center heading and
Sec. 62.10410 to read as follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.10410 Identification of plan--negative declaration.
Letter from the South Dakota Department of Environment and Natural
Resources submitted May 4, 2007, certifying that there are no existing
other solid waste incineration units within the State of South Dakota
that are subject to part 60, subpart FFFF, of this chapter.
Subpart TT--Utah
0
15. Revise Sec. 62.11130 to read as follows:
Sec. 62.11130 Identification of plan--negative declaration.
Letter from the Utah Department of Environmental Quality submitted
March 22, 2017, certifying that there are no existing large municipal
waste combustion units within the State of Utah that are subject to
part 60, subpart Cb, of this chapter.
0
16. Revise Sec. 62.11140 to read as follows:
Sec. 62.11140 Identification of plan--negative declaration.
Letter from the Utah Department of Environmental Quality submitted
March 22, 2017, certifying that there are no existing commercial and
industrial solid waste incineration units within the State of Utah that
are subject to part 60, subpart DDDD, of this chapter.
0
17. Subpart TT is amended by adding an undesignated center heading and
Sec. 62.11160 to read as follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.11160 Identification of plan--negative declaration.
Letter from the Utah Department of Environmental Quality submitted
December 20, 2006, certifying that there are no existing other solid
waste incineration units within the State of Utah that are subject to
part 60, subpart FFFF, of this chapter.
Subpart ZZ--Wyoming
0
18. Revise Sec. 62.12620 to read as follows:
Sec. 62.12620 Identification of plan--negative declaration.
Letter from the Wyoming Department of Environmental Quality
submitted April 23, 2015, certifying that there are no existing large
municipal waste combustion units within the State of Wyoming that are
subject to part 60, subpart Cb, of this chapter.
0
19. Revise Sec. 62.12630 to read as follows:
Sec. 62.12630 Identification of plan--negative declaration.
Letter from the Wyoming Department of Environmental Quality
submitted February 23, 2017, certifying that there are no existing
commercial and
[[Page 44743]]
industrial solid waste incineration units within the State of Wyoming
that are subject to part 60, subpart DDDD, of this chapter.
0
20. Subpart ZZ is amended by adding an undesignated center heading and
Sec. 62.12650 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.12650 Identification of plan--negative declaration.
Letter from the Wyoming Department of Environmental Quality
submitted October 9, 2001, certifying that there are no existing small
municipal waste combustion units within the State of Wyoming that are
subject to part 60, subpart BBBB, of this chapter.
0
21. Subpart ZZ is amended by adding an undesignated center heading and
Sec. 62.12660 to read as follows:
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.12660 Identification of plan--negative declaration.
Letter from the Wyoming Department of Environmental Quality
submitted May 3, 2007, certifying that there are no existing other
solid waste incineration units within the State of Wyoming that are
subject to part 60, subpart FFFF, of this chapter.
[FR Doc. 2017-20595 Filed 9-25-17; 8:45 am]
BILLING CODE 6560-50-P
