Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Colorado; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units, 768-770 [2018-00115]
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 26, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–00025 Filed 1–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2017–0552; FRL–_9971–
27—Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Colorado; Control of
Emissions From Existing Commercial
and Industrial Solid Waste Incineration
Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Clean Air Act (CAA) section 111(d)/129
plan (the ‘‘plan’’) submitted by the
Colorado Department of Public Health
and Environment (CDPHE) on July 14,
2017. The plan would allow for the
implementation of emissions guidelines
for existing commercial and industrial
solid waste incineration (CISWI) units
within the jurisdiction of the State of
Colorado. The plan creates new
enforceable emissions limits and
operating procedures for existing CISWI
units within the State of Colorado in
accordance with the requirements
established by the revised CISWI new
source performance standards (NSPS)
and emission guidelines (EG),
promulgated by the EPA on March 21,
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2011, with subsequent final
amendments to the rule promulgated on
February 7, 2013. This proposed plan
approval rulemaking is being taken in
accordance with the requirements of
sections 111(d) and 129 of the CAA and
the relevant parts and subparts of the
Code of Federal Regulations (CFR).
DATES: Written comments must be
received on or before February 7, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0552 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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:
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.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
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copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register volume, date, and page
number);
• Follow directions and organize your
comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute
language for your requested changes;
• Describe any assumptions and
provide any technical information and/
or data that you used;
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
• Provide specific examples to
illustrate your concerns, and suggest
alternatives;
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and,
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background Information
Sections 111 and 129 of the CAA
outline the EPA’s statutory authority for
regulating new and existing solid waste
incineration units. Section 111(b)
directs the EPA Administrator to
publish and periodically revise a list of
source categories which significantly
cause or contribute to air pollution. This
subsection also directs the
Administrator to establish federal
standards of performance for new
sources within these categories. Section
111(d) grants the EPA statutory
authority to require states to submit to
the agency implementation plans for
establishing performance standards
applicable to existing sources belonging
to those categories established in section
111(b). Section 129 specifically
addresses solid waste combustion and
requires that the EPA regulate new and
existing waste incineration units
pursuant to section 111 of the Act,
including the requirement that a state in
which existing designated facilities
operate submit for approval a state plan
for each category of regulated waste
incineration units. Section 129(b)(3)
requires the EPA to promulgate a federal
plan for existing waste incineration
units of any designated category located
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jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
in any state which has not submitted an
approvable 111(d)/129 state plan for
said category of waste incineration unit.
Such federal plans remain in effect until
the state in question submits a new or
revised state plan and subsequently
receives approval and promulgation of
the plan under 40 CFR part 62.
State plan submittals under CAA
sections 111(d) and 129 must be
consistent with the relevant new or
revised EG. Section 129(a)(1)(D) of the
Act requires the EPA to develop and
periodically revise operating standards
for new and existing CISWI units. The
NSPS and EG for CISWI units were
promulgated on December 1, 2000, at 40
CFR part 60, subparts CCCC and DDDD,
respectively. Revisions to the CISWI
NSPS and EG were subsequently
promulgated by the EPA on March 21,
2011 (76 FR 15704), with final actions
on reconsideration of the rule published
on February 7, 2013 (78 FR 9112), and
June 23, 2016 (81 FR 40956). State plan
requirements specific to CISWI units,
along with a model rule to ease
adoption of the EG, are found in subpart
DDDD, while more general state plan
requirements are found in 40 CFR part
60, subpart B, and part 62, subpart A.
The guidelines found in subpart DDDD
require that states impose emission
limits on designated facilities for those
pollutants regulated under section 129,
including: Dioxins/furans, carbon
monoxide, metals (cadmium, lead and
mercury), hydrogen chloride, sulfur
dioxide, oxides of nitrogen, opacity and
particulate matter. The EG also requires
state plans include essential elements
pursuant to section 129 requirements,
including: Monitoring, operator training
and facility permitting requirements.
On July 14, 2017, the CDPHE
submitted to the EPA a new section
111(d)/129 state plan for existing CISWI
units in the State of Colorado. The
current state plan is a negative
declaration letter certifying the absence
of any known designated facilities
regulated under the CISWI rule. The
negative declaration was approved and
promulgated by the EPA on September
17, 2003 (68 FR 54373), at 40 CFR part
62, subpart G. Since the revision of the
CISWI rule, the State of Colorado has
identified at least one operational
designated facility which would be
regulated under the revised rule, and
has submitted a new state plan,
summarized in the following section, to
comply with CAA section 111/129
requirements.
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III. Summary of Colorado’s Section
111(d)/129 Plan for Existing CISWI
Units
The EPA has completed a review of
the new Colorado section 111(d)/129
plan submittal in the context of the
requirements of 40 CFR part 60,
subparts B and DDDD, and part 62,
subpart A. The EPA has determined that
the plan submittal meets the
requirements found in the above-cited
subparts. Accordingly, the EPA
proposes to approve the submitted state
plan. The EPA’s proposed approval
action is limited to the new CISWI state
plan and the subpart DDDD ‘‘Model
Rule’’ addressing CISWI units as they
are incorporated by the State of
Colorado in the Code of Colorado
Regulations (CCR) at 5 CCR 1001–8
Regulation No. 6, part A, subpart DDDD.
A detailed summary of the submittal’s
compliance with the requirements
found in the CFR is available in the
technical support document (TSD)
associated with this rulemaking action.
The TSD will be available in the docket
for this rulemaking action and may be
found at the www.regulations.gov
website.
IV. Proposed Action
The EPA is proposing approval of the
Colorado 111(d)/129 state plan for
existing CISWI units because the plan
requirements are at least as stringent as
the requirements for existing CISWI
units found in 40 CFR part 60, subpart
DDDD. The state plan was submitted
pursuant to 40 CFR part 60, subparts
DDDD and B, and part 62, subpart A.
Accordingly, the EPA proposes to
amend 40 CFR part 62, subpart G to
reflect the acceptability of the state plan
submittal. This proposed approval is
limited to the provisions of 40 CFR parts
60 and 62 for existing CISWI units, as
found in the emission guidelines of Part
60, subpart DDDD. The EPA
Administrator will retain the authorities
listed under §§ 60.2542 and 60.2030(c).
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
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769
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);
• Is not expected to be an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• 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 proposed 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).
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Commercial and
industrial solid waste incineration,
Intergovernmental relations, Reporting
and recordkeeping requirements.
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770
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
Dated: January 2, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018–00115 Filed 1–5–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59; FCC 17–151]
Advanced Methods To Target and
Eliminate Unlawful Robocalls
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission invites comment on
proposed changes to its rules. The
Commission proposes rules regarding
mechanisms to ensure that erroneously
blocked calls can be unblocked as
quickly as possible and without undue
harm to callers and consumers. It also
seeks comment on ways to measure the
effectiveness of the Commission’s
robocalling efforts, as well as those of
industry.
SUMMARY:
Comments are due on January
23, 2018. Reply Comments are due on
February 22, 2018.
ADDRESSES: You may submit comments
identified by CG Docket No. 17–59
and/or FCC Number 17–151, by any of
the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s website: https://
apps.fcc.gov/ecfs/. Filers should follow
the instructions provided on the website
for submitting comments. For ECFS
filers, in completing the transmittal
screen, filers should include their full
name, U.S. Postal service mailing
address, and CG Docket No. 17–59.
• Mail: Parties who choose to file by
paper must file an original and one copy
of each filing. Filings can be sent by
hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although the Commission
continues to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
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see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Jerusha Burnett, Consumer Policy
Division, Consumer and Governmental
Affairs Bureau (CGB), at (202) 4180526, email: Jerusha.Burnett@fcc.gov, or
Karen A Schroeder, Consumer Policy
Division, Consumer and Governmental
Affairs Bureau (CGB), at (202) 418–0654,
email: Karen.Schroeder@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
Notice of Proposed Rulemaking
(FNPRM), document FCC 17–151,
adopted on November 16, 2017, and
released on November 17, 2017. The full
text of document FCC 17–151 will be
available for public inspection and
copying via ECFS, and during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street SW, Room CY–A257,
Washington, DC 20554. A copy of
document FCC 17–151 and any
subsequently filed documents in this
matter may also be found by searching
ECFS at: https://apps.fcc.gov/ecfs/ (insert
CG Docket No. 17–59 into the
Proceeding block). The Report and
Order that was adopted concurrently
with the FNPRM is published elsewhere
in the Federal Register. Pursuant to 47
CFR 1.415, 1.419, interested parties may
file comments and reply comments on
or before the dates indicated on the first
page of this document. Comments may
be filed using ECFS. See Electronic
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th Street SW, Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial Mail sent by overnight
mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be
sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
• U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street SW,
Washington, DC 20554.
Pursuant to § 1.1200 of the
Commission’s rules, 47 CFR 1.1200, this
matter shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentations must contain summaries
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of the substances of the presentations
and not merely a listing of the subjects
discussed. More than a one or two
sentence description of the views and
arguments presented is generally
required. See 47 CFR 1.1206(b). Other
rules pertaining to oral and written ex
parte presentations in permit-butdisclose proceedings are set forth in
§ 1.1206(b) of the Commission’s rules,
47 CFR 1.1206(b).
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to: fcc504@
fcc.gov or call CGB at: (202) 418–0530
(voice), or (202) 418–0432 (TTY). The
FNPRM can also be downloaded in
Word or Portable Document Format
(PDF) at: https://www.fcc.gov/
document/fcc-adopts-rules-help-blockillegal-robocalls-0.
Initial Paperwork Reduction Act of
1995 Analysis
The FNPRM seeks comment on
proposed rule amendments that may
result in modified information
collection requirements. If the
Commission adopts any modified
information collection requirements, the
Commission will publish another notice
in the Federal Register inviting the
public to comment on the requirements,
as required by the Paperwork Reduction
Act. Public Law 104–13; 44 U.S.C.
3501–3520. In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, the Commission seeks comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees. Public Law 107–198, 116
Stat. 729; 44 U.S.C. 3506(c)(4).
Synopsis
1. The Commission takes another
important step in combatting illegal
robocalls by enabling voice service
providers to block certain calls before
they reach consumers’ phones. In the
Report and Order portion of the
document, the Commission adopts rules
allowing voice service providers to
block calls from phone numbers on a
Do-Not-Originate (DNO) list and those
that purport to be from invalid,
unallocated, or unused numbers. Voice
service providers have been active in
identifying these calls and there is broad
support for these rules. In the FNPRM
portion of the document, the
Commission seeks comment on two
discrete issues related to the rules.
2. The Commission seeks comment on
two discrete issues related to the rules
adopted in the Report and Order portion
of document FCC 17–151. First, the
Commission seeks comment on
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]]>Agencies
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Proposed Rules]
[Pages 768-770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00115]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2017-0552; FRL-_9971-27--Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Colorado; Control of Emissions From Existing
Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) section 111(d)/129 plan (the ``plan'')
submitted by the Colorado Department of Public Health and Environment
(CDPHE) on July 14, 2017. The plan would allow for the implementation
of emissions guidelines for existing commercial and industrial solid
waste incineration (CISWI) units within the jurisdiction of the State
of Colorado. The plan creates new enforceable emissions limits and
operating procedures for existing CISWI units within the State of
Colorado in accordance with the requirements established by the revised
CISWI new source performance standards (NSPS) and emission guidelines
(EG), promulgated by the EPA on March 21, 2011, with subsequent final
amendments to the rule promulgated on February 7, 2013. This proposed
plan approval rulemaking is being taken in accordance with the
requirements of sections 111(d) and 129 of the CAA and the relevant
parts and subparts of the Code of Federal Regulations (CFR).
DATES: Written comments must be received on or before February 7, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0552 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.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: 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,
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to the EPA through https://www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information on a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register volume,
date, and page number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your
requested changes;
Describe any assumptions and provide any technical
information and/or data that you used;
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
Provide specific examples to illustrate your concerns, and
suggest alternatives;
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and,
Make sure to submit your comments by the comment period
deadline identified.
II. Background Information
Sections 111 and 129 of the CAA outline the EPA's statutory
authority for regulating new and existing solid waste incineration
units. Section 111(b) directs the EPA Administrator to publish and
periodically revise a list of source categories which significantly
cause or contribute to air pollution. This subsection also directs the
Administrator to establish federal standards of performance for new
sources within these categories. Section 111(d) grants the EPA
statutory authority to require states to submit to the agency
implementation plans for establishing performance standards applicable
to existing sources belonging to those categories established in
section 111(b). Section 129 specifically addresses solid waste
combustion and requires that the EPA regulate new and existing waste
incineration units pursuant to section 111 of the Act, including the
requirement that a state in which existing designated facilities
operate submit for approval a state plan for each category of regulated
waste incineration units. Section 129(b)(3) requires the EPA to
promulgate a federal plan for existing waste incineration units of any
designated category located
[[Page 769]]
in any state which has not submitted an approvable 111(d)/129 state
plan for said category of waste incineration unit. Such federal plans
remain in effect until the state in question submits a new or revised
state plan and subsequently receives approval and promulgation of the
plan under 40 CFR part 62.
State plan submittals under CAA sections 111(d) and 129 must be
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of
the Act requires the EPA to develop and periodically revise operating
standards for new and existing CISWI units. The NSPS and EG for CISWI
units were promulgated on December 1, 2000, at 40 CFR part 60, subparts
CCCC and DDDD, respectively. Revisions to the CISWI NSPS and EG were
subsequently promulgated by the EPA on March 21, 2011 (76 FR 15704),
with final actions on reconsideration of the rule published on February
7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). State plan
requirements specific to CISWI units, along with a model rule to ease
adoption of the EG, are found in subpart DDDD, while more general state
plan requirements are found in 40 CFR part 60, subpart B, and part 62,
subpart A. The guidelines found in subpart DDDD require that states
impose emission limits on designated facilities for those pollutants
regulated under section 129, including: Dioxins/furans, carbon
monoxide, metals (cadmium, lead and mercury), hydrogen chloride, sulfur
dioxide, oxides of nitrogen, opacity and particulate matter. The EG
also requires state plans include essential elements pursuant to
section 129 requirements, including: Monitoring, operator training and
facility permitting requirements.
On July 14, 2017, the CDPHE submitted to the EPA a new section
111(d)/129 state plan for existing CISWI units in the State of
Colorado. The current state plan is a negative declaration letter
certifying the absence of any known designated facilities regulated
under the CISWI rule. The negative declaration was approved and
promulgated by the EPA on September 17, 2003 (68 FR 54373), at 40 CFR
part 62, subpart G. Since the revision of the CISWI rule, the State of
Colorado has identified at least one operational designated facility
which would be regulated under the revised rule, and has submitted a
new state plan, summarized in the following section, to comply with CAA
section 111/129 requirements.
III. Summary of Colorado's Section 111(d)/129 Plan for Existing CISWI
Units
The EPA has completed a review of the new Colorado section 111(d)/
129 plan submittal in the context of the requirements of 40 CFR part
60, subparts B and DDDD, and part 62, subpart A. The EPA has determined
that the plan submittal meets the requirements found in the above-cited
subparts. Accordingly, the EPA proposes to approve the submitted state
plan. The EPA's proposed approval action is limited to the new CISWI
state plan and the subpart DDDD ``Model Rule'' addressing CISWI units
as they are incorporated by the State of Colorado in the Code of
Colorado Regulations (CCR) at 5 CCR 1001-8 Regulation No. 6, part A,
subpart DDDD. A detailed summary of the submittal's compliance with the
requirements found in the CFR is available in the technical support
document (TSD) associated with this rulemaking action. The TSD will be
available in the docket for this rulemaking action and may be found at
the www.regulations.gov website.
IV. Proposed Action
The EPA is proposing approval of the Colorado 111(d)/129 state plan
for existing CISWI units because the plan requirements are at least as
stringent as the requirements for existing CISWI units found in 40 CFR
part 60, subpart DDDD. The state plan was submitted pursuant to 40 CFR
part 60, subparts DDDD and B, and part 62, subpart A. Accordingly, the
EPA proposes to amend 40 CFR part 62, subpart G to reflect the
acceptability of the state plan submittal. This proposed approval is
limited to the provisions of 40 CFR parts 60 and 62 for existing CISWI
units, as found in the emission guidelines of Part 60, subpart DDDD.
The EPA Administrator will retain the authorities listed under
Sec. Sec. 60.2542 and 60.2030(c).
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);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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 proposed 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).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Commercial and
industrial solid waste incineration, Intergovernmental relations,
Reporting and recordkeeping requirements.
[[Page 770]]
Dated: January 2, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-00115 Filed 1-5-18; 8:45 am]
BILLING CODE 6560-50-P
