Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Maine; 111(d)/129 Revised State Plan for Large Municipal Waste Combustors and State Plan for Small Municipal Waste Combustors, 15611-15613 [2023-05020]
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Rules and Regulations
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–05–01 De Havilland Aircraft of
Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.):
Amendment 39–22370; Docket No.
FAA–2022–1653; Project Identifier
MCAI–2022–01193–T.
(a) Effective Date
This airworthiness directive (AD) is
effective April 18, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to De Havilland Aircraft
of Canada Limited (Type Certificate
previously held by Bombardier, Inc.) Model
DHC–8–401 and –402 airplanes, certificated
in any category, serial numbers 4001 and
4003 through 4633 inclusive.
ddrumheller on DSK120RN23PROD with RULES1
(d) Subject
Air Transport Association (ATA) of
America Code: 27, Flight Controls.
(e) Unsafe Condition
This AD was prompted by reports of flap
power unit (FPU) pressure switch failures
resulting in flap inoperative events. The FAA
is issuing this AD to address FPU pressure
switch failures. The unsafe condition, if not
addressed, could result in abnormal flap
landings and increased landing distances,
which could require the use of emergency
landing procedures and/or airfield
diversions.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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16:01 Mar 13, 2023
Jkt 259001
(g) Requirements
Within 8,000 flight hours or 48 months
after the effective date of this AD, whichever
occurs first: Do the actions specified in either
paragraph (g)(1) or (2) of this AD.
(1) Replace FPU part number (P/N)
C148656–1 or C148656–2 with P/N C148656–
3 and do an operational test of the wing flaps
in accordance with Section 3.B. paragraph (1)
and Section 3.C. paragraph (2), of the
Accomplishment Instructions of De
Havilland Aircraft of Canada Limited Service
Bulletin 84–27–75, dated June 23, 2022,
including Collins Aerospace Service Bulletin
27–0029, dated June 13, 2022.
(2) Replace FPU pressure switch P/N
150135–1 or 162660–1 with P/N 162660–2,
reidentify the FPU as P/N C148656–3, and do
an operational test of the wing flaps in
accordance with Section 3.B. paragraph (2)
and Section 3.C. paragraph (2), of the
Accomplishment Instructions of De
Havilland Aircraft of Canada Limited Service
Bulletin 84–27–75, dated June 23, 2022,
including Collins Aerospace Service Bulletin
27–0029, dated June 13, 2022.
(h) Parts Installation Prohibition
As of the effective date of this AD, do not
install a FPU having P/N C148656–1 or
C148656–2 or a FPU pressure switch having
P/N 150135–1 or 162660–1 on any airplane.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
(516) 228–7300. Before using any approved
AMOC, notify your appropriate principal
inspector, or lacking a principal inspector,
the manager of the responsible Flight
Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada; or De Havilland
Aircraft of Canada Limited’s Transport
Canada Design Organization Approval
(DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–52, dated September 1, 2022, for
related information. This Transport Canada
AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2022–1653.
(2) For more information about this AD,
contact Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative
PO 00000
Frm 00015
Fmt 4700
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15611
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (516) 228–
7300; email 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) De Havilland Aircraft of Canada Limited
Service Bulletin 84–27–75, dated June 23,
2022, including Collins Aerospace Service
Bulletin 27–0029, dated June 13, 2022.
Note 1 to paragraph (k)(2)(i): De Havilland
issued De Havilland Service Bulletin 84–27–
75, dated June 23, 2022, with Collins
Aerospace Service Bulletin 27–0029, dated
June 13, 2022, attached as one ‘‘merged’’ file
for the convenience of affected operators.
(ii) [Reserved]
(3) For service information identified in
this AD, contact De Havilland Aircraft of
Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive,
Mississauga, Ontario, L4W 5K9, Canada;
telephone North America (toll-free): 855–
310–1013, Direct: 647–277–5820; email thd@
dehavilland.com; website dehavilland.com.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–05060 Filed 3–13–23; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2022–0515; FRL–10220–
02–R1]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: Maine; 111(d)/129 Revised
State Plan for Large Municipal Waste
Combustors and State Plan for Small
Municipal Waste Combustors
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Rules and Regulations
The Environmental Protection
Agency (EPA) is approving the Clean
Air Act (CAA) State Plan for Municipal
Waste Combustor (MWC) units
submitted by the Maine Department of
Environmental Protection (Maine DEP).
This submission includes revisions to
Maine’s previously approved State Plan
for existing Large MWCs in response to
amended emission guidelines (EGs) for
Large MWCs. This submission also
includes a State Plan for existing Small
MWCs. Maine DEP’s State Plans for
Large and Small MWCs implement and
enforce provisions at least as protective
as the EGs applicable to these
subcategories of solid waste
incinerators. This action is being taken
in accordance with the CAA.
DATES: This rule is effective on April 13,
2023. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of April 13, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2022–0515. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that, if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Shutsu Wong, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail Code 05–2), Boston, MA
02109–3912, tel. 617–918–1078, email
wong.shutsu@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
VerDate Sep<11>2014
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Jkt 259001
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 26, 2022 (87 FR 58294),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
Maine.
The NPRM proposed approval of the
Clean Air Act State Plan revisions for
existing Large MWCs and new State
Plan for existing Small MWCs submitted
by the Maine DEP on December 24,
2019. Maine DEP revised the provisions
of 06–096 Code of Maine Regulations
(CMR) Chapter 121, entitled ‘‘Emission
Limitations and Emission Testing of
Resource Recovery Facilities,’’ and
submitted the State Plan in response to
amended EGs for Large MWCs and
federal standards for existing Small
MWCs.1 Maine DEP’s State Plan is for
implementing and enforcing provisions
at least as protective as the EGs
applicable to existing Large and Small
MWCs.
Other specific requirements under
sections 111(d) and 129 of the Clean Air
Act, and the rationale for EPA’s
proposed action, are explained in the
NPRM and will not be restated here.
Only one comment was received on the
NPRM which was in support of the
proposed action. This comment is
available within the docket for this
action.
II. Final Action
EPA is approving Maine DEP’s
revised State Plan for existing Large
MWCs and State Plan for existing Small
MWCs.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the 06–096
CMR, Chapter 121, entitled ‘‘Emission
Limitations and Emission Testing of
Resource Recovery Facilities,’’ effective
on September 14, 2019, excluding the
provisions for new Large MWCs covered
in 06–096 CMR Chapter 121, Section 6.,
entitled ‘‘Large Municipal Waste
Combustor Units Subject to 40 CFR part
60, subpart Eb.’’ This regulation being
incorporated by reference revises
Maine’s previously approved State Plan
for existing Large MWCs in response to
amended EGs for Large MWCs, and
1 71 FR 27324 Standards of Performance for New
Stationary Sources and Emission Guidelines for
Existing Sources: Large Municipal Waste
Combustors and 68 FR 5158 Federal Plan
Requirements for Small Municipal Waste
Combustion Units Constructed On or Before August
30, 1999.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
includes a State Plan for existing Small
MWCs. The EPA has made, and will
continue to make, these documents
generally available at the EPA Region 1
Office (please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information). They
are also available at: https://
www.regulations.gov. This
incorporation by reference has been
approved by the Office of the Federal
Register and the plan is federally
enforceable under the CAA as of the
effective date of this final rulemaking.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. See Clean Air Act
sections 111(d) and 129(b); 40 CFR part
60, subparts B and Cb; and 40 CFR part
62, subpart A; and 40 CFR 62.04. Thus,
in reviewing state plan submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the State Plan 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. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 15, 2023.
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, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements, Sulfur oxides, Waste
treatment and disposal.
VerDate Sep<11>2014
16:01 Mar 13, 2023
Jkt 259001
Dated: March 6, 2023.
David Cash,
Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLAN
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 U—Maine
2. Amend Section 62.4845 by revising
paragraph (b)(4) and adding paragraphs
(b)(7) and (8) and (d) to read as follows:
■
§ 62.4845
*
*
*
*
*
(b)
*
*
*
*
*
(4) Control of metals, acid gases,
organic compounds and nitrogen oxide
emissions from existing large municipal
waste combustors with the capacity to
combust greater than 250 tons per day
of municipal solid waste, submitted on
April 15, 1998.
*
*
*
*
*
(7) A revision to the plan controlling
metals, acid gases, organic compounds
and nitrogen oxide emissions from large
municipal waste combustors with the
capacity to combust greater than 250
tons per day of municipal solid waste,
submitted on December 24, 2019
(incorporated by reference, see
paragraph (d)(1) of this section).
(8) Control of metals, acid gases,
organic compounds and nitrogen oxide
emissions from existing small municipal
waste combustors with the capacity to
combust less than or equal to 250 tons
per day of municipal solid waste,
submitted on December 24, 2019
(incorporated by reference, see
paragraph (d)(1) of this section).
*
*
*
*
*
(d) Incorporation by reference. The
material listed in this paragraph (d) is
incorporated by reference in this section
with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved
material is available for inspection at
the EPA and at the National Archives
and Records Administration (NARA).
Contact EPA at: EPA Region 1 Regional
Office, Air and Radiation Division, 5
Post Office Square-Suite 100, Boston,
MA, 617–918–1111. For information on
the availability of this material at
NARA, visit: www.archives.gov/federalregister/cfr/ibr-locations.html or email
PO 00000
Frm 00017
Fmt 4700
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15613
fr.inspection@nara.gov. The material
may be obtained from: State of Maine,
Maine Department of Environmental
Protection. 17 State House Station, 28
Tyson Drive, Augusta, Maine 04333,
207–287–7688, www.maine.gov/dep/:
(1) 06–096 Code of Maine
Regulations: Department of
Environmental Protection, Chapter 121,
‘‘Emission Limitations and Emission
Testing of Resource Recovery
Facilities,’’ excluding Section 6 ‘‘Large
Municipal Waste Combustor Units
Subject to 40 CFR part 60, subpart Eb,’’
amended September 14, 2019.
(2) [Reserved]
■ 3. Section 62.4975 is revised to read
as follows:
§ 62.4975
Identification of sources.
(a) Penobscot Energy Recovery
Company, Orrington, Maine
(b) [Reserved]
(c) ecomaine, Portland, Maine
■ 4. Add an undesignated center
heading and § 62.5000 to subpart U to
read as follows:
Metals, Acid Gases, Organic
Compounds and Nitrogen Oxide
Emissions From Existing Municipal
Waste Combustors With the Capacity
To Combust Less Than or Equal to 250
Tons per Day of Municipal Solid Waste
§ 62.5000
Identification of sources.
(a) Mid-Maine Waste Action
Corporation, Auburn, Maine
(b) [Reserved]
[FR Doc. 2023–05020 Filed 3–13–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 174
[EPA–HQ–OPP–2020–0234; FRL–10776–01–
OCSPP]
BLB2 and AMR3 Proteins in Potato;
Temporary Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
temporary exemption from the
requirement of a tolerance for residues
of the BLB2 and AMR3 proteins in
potato, when used as a plantincorporated protectant (PIP) in
accordance with the terms of
Experimental Use Permit (EUP) No.
8971–EUP–3. J.R. Simplot Company
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15611-15613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05020]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2022-0515; FRL-10220-02-R1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Maine; 111(d)/129 Revised State Plan for
Large Municipal Waste Combustors and State Plan for Small Municipal
Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 15612]]
SUMMARY: The Environmental Protection Agency (EPA) is approving the
Clean Air Act (CAA) State Plan for Municipal Waste Combustor (MWC)
units submitted by the Maine Department of Environmental Protection
(Maine DEP). This submission includes revisions to Maine's previously
approved State Plan for existing Large MWCs in response to amended
emission guidelines (EGs) for Large MWCs. This submission also includes
a State Plan for existing Small MWCs. Maine DEP's State Plans for Large
and Small MWCs implement and enforce provisions at least as protective
as the EGs applicable to these subcategories of solid waste
incinerators. This action is being taken in accordance with the CAA.
DATES: This rule is effective on April 13, 2023. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of April 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0515. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that, if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Shutsu Wong, Air Quality Branch, U.S.
Environmental Protection Agency, EPA Region 1, 5 Post Office Square--
Suite 100, (Mail Code 05-2), Boston, MA 02109-3912, tel. 617-918-1078,
email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 26, 2022 (87 FR 58294), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Maine.
The NPRM proposed approval of the Clean Air Act State Plan
revisions for existing Large MWCs and new State Plan for existing Small
MWCs submitted by the Maine DEP on December 24, 2019. Maine DEP revised
the provisions of 06-096 Code of Maine Regulations (CMR) Chapter 121,
entitled ``Emission Limitations and Emission Testing of Resource
Recovery Facilities,'' and submitted the State Plan in response to
amended EGs for Large MWCs and federal standards for existing Small
MWCs.\1\ Maine DEP's State Plan is for implementing and enforcing
provisions at least as protective as the EGs applicable to existing
Large and Small MWCs.
---------------------------------------------------------------------------
\1\ 71 FR 27324 Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing Sources: Large
Municipal Waste Combustors and 68 FR 5158 Federal Plan Requirements
for Small Municipal Waste Combustion Units Constructed On or Before
August 30, 1999.
---------------------------------------------------------------------------
Other specific requirements under sections 111(d) and 129 of the
Clean Air Act, and the rationale for EPA's proposed action, are
explained in the NPRM and will not be restated here. Only one comment
was received on the NPRM which was in support of the proposed action.
This comment is available within the docket for this action.
II. Final Action
EPA is approving Maine DEP's revised State Plan for existing Large
MWCs and State Plan for existing Small MWCs.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the 06-
096 CMR, Chapter 121, entitled ``Emission Limitations and Emission
Testing of Resource Recovery Facilities,'' effective on September 14,
2019, excluding the provisions for new Large MWCs covered in 06-096 CMR
Chapter 121, Section 6., entitled ``Large Municipal Waste Combustor
Units Subject to 40 CFR part 60, subpart Eb.'' This regulation being
incorporated by reference revises Maine's previously approved State
Plan for existing Large MWCs in response to amended EGs for Large MWCs,
and includes a State Plan for existing Small MWCs. The EPA has made,
and will continue to make, these documents generally available at the
EPA Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). They are also available at: https://www.regulations.gov.
This incorporation by reference has been approved by the Office of the
Federal Register and the plan is federally enforceable under the CAA as
of the effective date of this final rulemaking.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. See Clean Air Act sections 111(d) and
129(b); 40 CFR part 60, subparts B and Cb; and 40 CFR part 62, subpart
A; and 40 CFR 62.04. Thus, in reviewing state plan submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Clean Air Act. 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
[[Page 15613]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the State Plan 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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 15, 2023. 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, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides,
Waste treatment and disposal.
Dated: March 6, 2023.
David Cash,
Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLAN 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 U--Maine
0
2. Amend Section 62.4845 by revising paragraph (b)(4) and adding
paragraphs (b)(7) and (8) and (d) to read as follows:
Sec. 62.4845
* * * * *
(b)
* * * * *
(4) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing large municipal waste combustors with the
capacity to combust greater than 250 tons per day of municipal solid
waste, submitted on April 15, 1998.
* * * * *
(7) A revision to the plan controlling metals, acid gases, organic
compounds and nitrogen oxide emissions from large municipal waste
combustors with the capacity to combust greater than 250 tons per day
of municipal solid waste, submitted on December 24, 2019 (incorporated
by reference, see paragraph (d)(1) of this section).
(8) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing small municipal waste combustors with the
capacity to combust less than or equal to 250 tons per day of municipal
solid waste, submitted on December 24, 2019 (incorporated by reference,
see paragraph (d)(1) of this section).
* * * * *
(d) Incorporation by reference. The material listed in this
paragraph (d) is incorporated by reference in this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
the EPA and at the National Archives and Records Administration (NARA).
Contact EPA at: EPA Region 1 Regional Office, Air and Radiation
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1111. For
information on the availability of this material at NARA, visit:
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from: State of
Maine, Maine Department of Environmental Protection. 17 State House
Station, 28 Tyson Drive, Augusta, Maine 04333, 207-287-7688,
www.maine.gov/dep/:
(1) 06-096 Code of Maine Regulations: Department of Environmental
Protection, Chapter 121, ``Emission Limitations and Emission Testing of
Resource Recovery Facilities,'' excluding Section 6 ``Large Municipal
Waste Combustor Units Subject to 40 CFR part 60, subpart Eb,'' amended
September 14, 2019.
(2) [Reserved]
0
3. Section 62.4975 is revised to read as follows:
Sec. 62.4975 Identification of sources.
(a) Penobscot Energy Recovery Company, Orrington, Maine
(b) [Reserved]
(c) ecomaine, Portland, Maine
0
4. Add an undesignated center heading and Sec. 62.5000 to subpart U to
read as follows:
Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From
Existing Municipal Waste Combustors With the Capacity To Combust Less
Than or Equal to 250 Tons per Day of Municipal Solid Waste
Sec. 62.5000 Identification of sources.
(a) Mid-Maine Waste Action Corporation, Auburn, Maine
(b) [Reserved]
[FR Doc. 2023-05020 Filed 3-13-23; 8:45 am]
BILLING CODE 6560-50-P
