Approval and Promulgation of State Plans for Designated Facilities and Pollutants; United States Virgin Islands; Commercial and Industrial Solid Waste Incineration Units, 40153-40155 [2018-17371]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
■ 3. In § 52.1586, paragraph (b)(1) is
amended by adding a sentence at the
end of the paragraph to read as follows:
§ 52.1586 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) * * *
(1) * * * Submittal from New Jersey
dated October 17, 2014 to address the
CAA infrastructure requirements of
section 110(a)(2) for the 2012 PM2.5 is
approved for (D)(i)(I).
*
*
*
*
*
[FR Doc. 2018–17361 Filed 8–13–18; 8:45 am]
New York State Department of
Environmental Conservation for the
2008 NAAQS for ozone are adequate for
transportation conformity purposes for
the New York portions of the New YorkNorthern New Jersey-Long Island, NYNJ-CT 8-hour ozone nonattainment area.
In this document, EPA erroneously
listed the 2017 MVEB units as tons per
year. The actual 2017 MVEB units are
tons per day. Therefore, the table is
being corrected to list the correct units.
Correction
In the notification of adequacy
published in the Federal Register on
June 8, 2018 (83 FR 26597), on page
26598, in the second column, the table:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
TABLE 1—2017 MOTOR VEHICLE
EMISSIONS BUDGETS FOR NYMTC
40 CFR Part 52
[Tons per year]
[Docket No. EPA–R02–OAR–2018–0197;
FRL–9981–63—Region 2]
Year
Adequacy Status of Motor Vehicle
Emissions Budgets for the New York
Portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT, 2008 8Hour Ozone Nonattainment Area;
Correction
Environmental Protection
Agency (EPA).
ACTION: Notification of adequacy;
correction.
VOC
NOX
2017 ..................
65.69
117.21
is corrected to read:
TABLE 1—2017 MOTOR VEHICLE
EMISSIONS BUDGETS FOR NYMTC
AGENCY:
[Tons per day]
Year
NOX
2017 ..................
This document corrects an
error in the table posted in the June 8,
2018, notification of adequacy of the
motor vehicle emission budgets (MVEB)
for the New York portions of the New
York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone nonattainment
area. The MVEBs were submitted by
New York State Department of
Environmental Conservation as part of
the SIP revision for the area’s 2008 8hour ozone nonattainment area. The
MVEB budget table in the original post
listed incorrect units for the actual
MVEBs. The Environmental Protection
Agency (EPA), therefore, is correcting
the table to show the correct units.
DATES: This correction is effective on
August 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Hannah Greenberg, Environmental
Protection Agency Region 2, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007–
1866; (212) 637–3829,
greenberg.hannah@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
published a notification of adequacy on
June 8, 2018, (83 FR 26597) which
found that the 2017 MVEBs for volatile
organic compounds (VOCs) and
nitrogen oxides (NOX) submitted by the
VOC
65.69
117.21
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:14 Aug 13, 2018
Jkt 244001
Authority: 42 U.S.C. 7401–7671 q.
Dated: July 20, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018–17369 Filed 8–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2018–0712; FRL–9981–
99—Region 2]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; United States Virgin
Islands; Commercial and Industrial
Solid Waste Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d)/129 negative
declaration for the United States Virgin
Islands, for Commercial and industrial
solid waste incineration (CISWI) units.
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
40153
This negative declaration certifies that
CISWI units subject to sections 111(d)
and 129 of the CAA do not exist within
the jurisdiction of the United States
Virgin Islands. The EPA is accepting the
negative declaration in accordance with
the requirements of the CAA.
DATES: This final rule is effective on
September 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Edward J. Linky, Environmental
Protection Agency, Air Programs
Branch, 290 Broadway, New York, New
York 10007–1866 at 212–637–3764 or
by email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA. This section
provides additional information by
addressing the following:
I. Background
II. What comments were received in response
to the EPA’s proposed rule?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that
state 1 regulatory agencies implement
the emission guidelines and compliance
times using a state plan developed
under sections 111(d) and 129 of the
CAA.
The general provisions for the
submittal and approval of state plans are
codified in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
Section 129 requires emission
guidelines to be promulgated for all
categories of solid waste incineration
units, including commercial and
industrial solid waste incineration
(CISWI) units. A CISWI unit is defined,
in general, as ‘‘any distinct operating
unit of any commercial or industrial
facility that combusts, or has combusted
in the preceding 6 months, any solid
waste as that term is defined at 40 CFR
241.’’ See 40 CFR 60.2875. Section 129
mandates that all plan requirements be
at least as protective as the promulgated
emission guidelines. This includes fixed
final compliance dates, fixed
compliance schedules, and Title V
permitting requirements for all affected
sources. Section 129 also requires that
state plans be submitted to EPA within
one year after EPA’s promulgation of the
emission guidelines and compliance
times.
States have options other than
submitting a state plan in order to fulfill
1 Section 302(d) of the CAA includes the United
States Virgin Islands in the definition of the term
‘‘State.’’
E:\FR\FM\14AUR1.SGM
14AUR1
40154
Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
their obligations under CAA sections
111(d) and 129. If a state does not have
any existing CISWI units for the relevant
emission guidelines, a letter can be
submitted certifying that no such units
exist within the state (i.e., negative
declaration) in lieu of a state plan. The
negative declaration exempts the state
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d)/129 plan.
On March 21, 2011 (76 FR 15704), the
EPA established emission guidelines
and compliance times for existing
CISWI units (New Source Performance
Standards (NSPS) and Emission
Guidelines (EG)). The emission
guidelines and compliance times are
codified at 40 CFR part 60, subpart
DDDD. Following promulgation of the
2011 CISWI rule, EPA received petitions
for reconsideration requesting to
reconsider numerous provisions in the
2011 CISWI rule. EPA granted
reconsiderations on specific issues and
promulgated a CISWI reconsideration
rule on Fegruary 7, 2013. 78 FR 9112.
EPA again received petitions to further
reconsider certain provisions of the
2013 NSPS and EG for CISWI units. On
January 21, 2015 EPA granted
reconsideration of four specific issues
and finalized reconsideration of the
CISWI NSPS and EG on June 23, 2016
(81 FR 40956).
In order to fulfill obligations under
CAA sections 111(d) and 129, the
Department of Planning and Natural
Resources (DPNR) of the Government of
the United States Virgin Islands
submitted a negative declaration letter
to the EPA on August 17, 2016. The
submittal of this declaration exempts
the United States Virgin Islands from
the requirement to submit a state plan
for existing CISWI units. On May 2,
2018 (83 FR 19195), the EPA proposed
to approve DPNR’s negative declaration
letter that certifies there are no existing
CISWI units located in the United States
Virgin Islands.
II. What comments were received in
response to the EPA’s proposed rule?
In response to the EPA’s May 2, 2018
(83 FR 19195) proposed rulemaking, the
EPA received no public comments.
amozie on DSK3GDR082PROD with RULES
III. What action is EPA taking today?
In this final rule the EPA will amend
40 CFR part 62 to reflect receipt of the
negative declaration letter from the
United States Virgin Islands, certifying
that there are no existing CISWI units
subject to 40 CFR part 60, subpart
DDDD, in accordance with section
111(d) of the CAA.
VerDate Sep<11>2014
16:14 Aug 13, 2018
Jkt 244001
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d)/129 plan
submission that complies with the
provisions of the Act and applicable
Federal regulations. 40 CFR 62.04. Thus,
in reviewing 111(d)/129 plan
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, this action, as finalized,
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, as finalized:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not 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
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final rule is not
approved to apply on any Indian
reservation land or in any other area
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
where 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 October 15, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 25, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
For the reasons stated in the
preamble, EPA amends 40 CFR part 62
as set forth below:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\14AUR1.SGM
14AUR1
Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
2. Subpart CCC is amended by adding
an undesignated center heading and
§ 62.13359 to read as follows:
■
Air Emissions From Commercial and
Industrial Solid Waste Incineration
(CISWI) Units That Commenced
Construction on or Before June 4, 2010,
or That Commenced Modification or
Reconstruction After June 4, 2010 But
Not Later Than August 7, 2013
§ 62.13359 Identification of plan—negative
declaration.
Letter from the Virgin Islands
Department of Planning and Natural
Resources submitted August 17, 2016 to
Regional Administrator Judith A. Enck
certifying that the United States Virgin
Islands has no existing units pursuant to
40 CFR part 60, subpart DDDD, that
commenced construction on or before
June 4, 2010, or that commenced
modification or reconstruction after
June 4, 2010 but not later than August
7, 2013.
[FR Doc. 2018–17371 Filed 8–13–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[GN Docket Nos. 17–183, 18–122; DA 18–
640]
Notification of Temporary Filing Freeze
on New Fixed-Satellite Service Space
Station Applications in the 3.7–4.2 GHz
Band
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
In this document, the
International Bureau (Bureau)
announces a temporary freeze on the
filing of new space station license
applications and new requests for U.S.
market access through non-U.S.licensed space stations to provide fixedsatellite service (FSS) in the 3.7–4.2
GHz band.
DATES: The temporary freeze was
effective June 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Christopher Bair, 202–418–0945 or Paul
Blais, 202–418–7274.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, DA 18–640, released June 21,
2018. The full text of this document is
available at https://docs.fcc.gov/public/
attachments/DA-18-640A1.pdf. It is also
available for inspection and copying
during business hours in the FCC
Reference Information Center, Portals II,
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:14 Aug 13, 2018
Jkt 244001
445 12th Street SW, Room CY–A257,
Washington, DC 20554. To request
materials in accessible formats for
people with disabilities, send an email
to FCC504@fcc.gov or call the Consumer
& Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Background. On August 3, 2017, the
Commission released a Notice of Inquiry
titled Expanding Flexible Use in MidBand Spectrum Between 3.7 and 24 GHz
(NOI). In that NOI, the Commission
sought detailed comment on frequency
bands that had garnered interest to
potentially support increased flexible
broadband uses, including the 3.7–4.2
GHz band. To preserve the current
landscape of authorized operations
pending Commission action as part of
its ongoing inquiry into the possibility
of permitting terrestrial broadband use
and more intensive fixed use of the
band (Mid-band Proceeding), the
International, Public Safety and
Homeland Security, and Wireless
Telecommunications Bureaus
announced a temporary freeze effective
on April 19, 2018, on the filing of new
or modification applications for FSS
earth station licenses, FSS receive-only
earth station registrations, and fixed
microwave licenses in the 3.7–4.2 GHz
frequency band. The Bureau also
announced a 90-day filing window
during which operators of existing, but
unregistered or unlicensed, earth
stations operating in the 3.7–4.2 GHz
band could continue to file applications.
See 83 FR 21746. The Bureau extended
this filing window for an additional 90days on June 21, 2018.
Temporary Freeze. To further
preserve the landscape of authorized
operations in the 3.7–4.2 GHz band
pending Commission action as part of
its ongoing inquiry in the Mid-band
Proceeding, the Bureau announces a
temporary freeze, effective as of June 21,
2018, on the filing of new space station
license applications and new requests
for U.S. market access through non-U.S.licensed space stations in the 3.7–4.2
GHz band. During the freeze, the
International Bureau will dismiss any
new space station license applications
and new requests for access to the U.S.
market through non-U.S.-licensed space
stations, or those parts of any such
applications and requests, that seek to
operate in the 3.7–4.2 GHz band. The
freeze does not apply to applications for
modification of existing authorizations,
relocations of existing space stations
pursuant to the Commission’s fleet
management policy, or to applications
for replacement space stations.
Waiver Requests. The International
Bureau will consider requests for waiver
of this freeze on a case-by-case basis and
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
40155
upon a demonstration that waiver will
serve the public interest and not
undermine the objectives of the freeze.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
The Commission will not send a copy
of this document pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules
are rules of agency organization,
procedure, or practice that do not
‘‘substantially affect the rights or
obligations of non-agency parties.
Federal Communications Commission.
Troy Tanner,
Deputy Chief, International Bureau.
[FR Doc. 2018–17297 Filed 8–13–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
47 CFR Part 400
[Docket No. 170420407–8048–02]
RIN 0660–AA33; RIN 2127–AL86
911 Grant Program
National Telecommunications
and Information Administration (NTIA),
Commerce (DOC); and National
Highway Traffic Safety Administration
(NHTSA), Department of Transportation
(DOT).
ACTION: Final rule; correcting
amendments.
AGENCY:
On August 3, 2018, the
National Telecommunications and
Information Administration (NTIA) and
the National Highway Traffic Safety
Administration (NHTSA) published a
final rule that revised the implementing
regulations for the 911 Grant Program,
as a result of the enactment of the Next
Generation 911 (NG911) Advancement
Act of 2012. This document corrects
numbering errors in the regulatory text.
DATES: Effective on August 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael Vasquez, Attorney-Advisor,
SUMMARY:
E:\FR\FM\14AUR1.SGM
14AUR1
]]>Agencies
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40153-40155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17371]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R02-OAR-2018-0712; FRL-9981-99--Region 2]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; United States Virgin Islands; Commercial and
Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA) section 111(d)/129 negative declaration for the United
States Virgin Islands, for Commercial and industrial solid waste
incineration (CISWI) units. This negative declaration certifies that
CISWI units subject to sections 111(d) and 129 of the CAA do not exist
within the jurisdiction of the United States Virgin Islands. The EPA is
accepting the negative declaration in accordance with the requirements
of the CAA.
DATES: This final rule is effective on September 13, 2018.
FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental
Protection Agency, Air Programs Branch, 290 Broadway, New York, New
York 10007-1866 at 212-637-3764 or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA. This section provides additional information
by addressing the following:
I. Background
II. What comments were received in response to the EPA's proposed
rule?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that state \1\ regulatory agencies
implement the emission guidelines and compliance times using a state
plan developed under sections 111(d) and 129 of the CAA.
---------------------------------------------------------------------------
\1\ Section 302(d) of the CAA includes the United States Virgin
Islands in the definition of the term ``State.''
---------------------------------------------------------------------------
The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants.
Section 129 requires emission guidelines to be promulgated for all
categories of solid waste incineration units, including commercial and
industrial solid waste incineration (CISWI) units. A CISWI unit is
defined, in general, as ``any distinct operating unit of any commercial
or industrial facility that combusts, or has combusted in the preceding
6 months, any solid waste as that term is defined at 40 CFR 241.'' See
40 CFR 60.2875. Section 129 mandates that all plan requirements be at
least as protective as the promulgated emission guidelines. This
includes fixed final compliance dates, fixed compliance schedules, and
Title V permitting requirements for all affected sources. Section 129
also requires that state plans be submitted to EPA within one year
after EPA's promulgation of the emission guidelines and compliance
times.
States have options other than submitting a state plan in order to
fulfill
[[Page 40154]]
their obligations under CAA sections 111(d) and 129. If a state does
not have any existing CISWI units for the relevant emission guidelines,
a letter can be submitted certifying that no such units exist within
the state (i.e., negative declaration) in lieu of a state plan. The
negative declaration exempts the state from the requirements of subpart
B that would otherwise require the submittal of a CAA section 111(d)/
129 plan.
On March 21, 2011 (76 FR 15704), the EPA established emission
guidelines and compliance times for existing CISWI units (New Source
Performance Standards (NSPS) and Emission Guidelines (EG)). The
emission guidelines and compliance times are codified at 40 CFR part
60, subpart DDDD. Following promulgation of the 2011 CISWI rule, EPA
received petitions for reconsideration requesting to reconsider
numerous provisions in the 2011 CISWI rule. EPA granted
reconsiderations on specific issues and promulgated a CISWI
reconsideration rule on Fegruary 7, 2013. 78 FR 9112. EPA again
received petitions to further reconsider certain provisions of the 2013
NSPS and EG for CISWI units. On January 21, 2015 EPA granted
reconsideration of four specific issues and finalized reconsideration
of the CISWI NSPS and EG on June 23, 2016 (81 FR 40956).
In order to fulfill obligations under CAA sections 111(d) and 129,
the Department of Planning and Natural Resources (DPNR) of the
Government of the United States Virgin Islands submitted a negative
declaration letter to the EPA on August 17, 2016. The submittal of this
declaration exempts the United States Virgin Islands from the
requirement to submit a state plan for existing CISWI units. On May 2,
2018 (83 FR 19195), the EPA proposed to approve DPNR's negative
declaration letter that certifies there are no existing CISWI units
located in the United States Virgin Islands.
II. What comments were received in response to the EPA's proposed rule?
In response to the EPA's May 2, 2018 (83 FR 19195) proposed
rulemaking, the EPA received no public comments.
III. What action is EPA taking today?
In this final rule the EPA will amend 40 CFR part 62 to reflect
receipt of the negative declaration letter from the United States
Virgin Islands, certifying that there are no existing CISWI units
subject to 40 CFR part 60, subpart DDDD, in accordance with section
111(d) of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the Act and
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing
111(d)/129 plan submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action, as finalized, 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, as finalized:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not 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
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this final rule is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
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 October 15, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: July 25, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
For the reasons stated in the preamble, EPA amends 40 CFR part 62
as set forth below:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 40155]]
0
2. Subpart CCC is amended by adding an undesignated center heading and
Sec. 62.13359 to read as follows:
Air Emissions From Commercial and Industrial Solid Waste Incineration
(CISWI) Units That Commenced Construction on or Before June 4, 2010, or
That Commenced Modification or Reconstruction After June 4, 2010 But
Not Later Than August 7, 2013
Sec. 62.13359 Identification of plan--negative declaration.
Letter from the Virgin Islands Department of Planning and Natural
Resources submitted August 17, 2016 to Regional Administrator Judith A.
Enck certifying that the United States Virgin Islands has no existing
units pursuant to 40 CFR part 60, subpart DDDD, that commenced
construction on or before June 4, 2010, or that commenced modification
or reconstruction after June 4, 2010 but not later than August 7, 2013.
[FR Doc. 2018-17371 Filed 8-13-18; 8:45 am]
BILLING CODE 6560-50-P
