Approval and Promulgation of State Plans (Negative Declarations) for Designated Facilities and Pollutants: Maine and Massachusetts, 82513-82515 [2024-23172]
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
California Code of Regulations
*
*
*
*
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance with Nonvehicular
Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations)
94014 .............
Certification of Vapor Recovery Systems
for Cargo Tanks.
*
*
7/12/2023
*
2/9/2024, 89 FR
8999.
*
Submitted on September 13, 2023, as an
attachment to a letter dated September
8, 2023.
*
*
*
1 Table
1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
Title/subject
*
*
*
Certification Procedure CP–204 Certification Procedure for Vapor Recovery Systems of Cargo
Tanks.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2024–0462; FRL–12317–
01–R1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Maine and Massachusetts
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve negative declarations
in lieu of State plans to satisfy the
requirements in the Emission
Guidelines and Compliance Times for
Commercial and Industrial Solid Waste
Incineration Units for the State of Maine
and the Commonwealth of
Massachusetts. The negative
declarations certify that the States do
not have any existing sources within
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
16:13 Oct 10, 2024
EPA approval date
Additional explanation
7/12/2023
*
*
2/9/2024, 89 FR 8999 ...
*
*
Submitted on September 13, 2023, as an attachment to a letter dated September 8, 2023.
*
[FR Doc. 2024–23423 Filed 10–10–24; 8:45 am]
VerDate Sep<11>2014
State effective
date
Jkt 265001
*
*
their jurisdictions that must comply
with the rule.
DATES: This direct final rule will be
effective December 10, 2024, unless EPA
receives adverse comments by
November 12, 2024. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0462. 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., confidential
business information (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
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*
*
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:
Jessica Kilpatrick, Air Permits, Toxics,
and Indoor Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, APTB05–2, Boston, MA
02109–0287. Telephone: 617–918–1652.
Fax: 617–918–0652 Email:
kilpatrick.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Commercial and Industrial Solid Waste
Incineration Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) delineates
regulations for air pollution emissions
that can adversely impact public health.
Section 111(d) of the CAA sets
standards of performance for existing
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
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sources of air pollution, specifically
pertaining to the remaining useful life of
a source. Air pollutants subject to this
section are those which are not already
regulated as air quality criteria
pollutants via 42 U.S.C. 7408(a) or
hazardous air pollutants via 42 U.S.C.
7412. Section 111(d) requires States to
submit a plan to EPA for approval that
establishes the standards of performance
and provides for their implementation
and enforcement. EPA prescribes a
Federal plan in the cases that a State
does not submit a State plan or the
submitted State plan is disapproved. If
a State has no designated facilities for a
standards of performance source
category, it may submit a negative
declaration in lieu of a State plan for
that source category according to 40
CFR 60.23(b) and 62.06.
II. Commercial and Industrial Solid
Waste Incineration Regulations
The Emission Guidelines and
Compliance Times for Commercial and
Industrial Solid Waste Incineration
Units at 40 CFR part 60, subpart DDDD
(CISWI Emission Guidelines or subpart
DDDD) regulate existing commercial
and industrial solid waste incineration
units (CISWIs) and air curtain
incinerators (ACIs). A CISWI is defined
at § 60.2875 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 in 40 CFR
part 241.’’ The structure of a CISWI
includes, but is not limited to, a solid
waste feed system, a grate system, a flue
gas system, a waste heat recovery
equipment, if any, and bottom ash
system. An ACI is defined at § 60.2875
as ‘‘an incinerator that operates by
forcefully projecting a curtain of air
across an open chamber or pit in which
combustion occurs. Incinerators of this
type can be constructed above or below
ground and with or without refractory
walls and floor.’’ Existing units are
CISWIs and ACIs that: (1) commenced
construction on or before November 30,
1999 and that were not modified or
reconstructed after June 1, 2001; (2)
commenced construction after
November 30, 1999, but no later than
June 4, 2010, or commenced
modification or reconstruction after
June 1, 2001 but no later than August 7,
2013; or (3) commenced construction on
or before June 4, 2010, or commenced
modification or reconstruction after
June 4, 2010 but no later than August 7,
2013.
The air quality programs
Administrator of a State subject to
subpart DDDD must submit a State plan
to EPA that implements the CISWI
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16:13 Oct 10, 2024
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Emission Guidelines via § 60.2505. A
State with no existing units is required
to submit a negative declaration letter in
place of the State plan in accordance
with § 60.2510. The Maine Department
of Environmental Protection (ME DEP)
submitted a negative declaration to EPA
on May 3, 2018, certifying that there are
no existing sources in the State subject
to the requirements of 40 CFR part 60,
subpart DDDD. Likewise, the
Massachusetts Department of
Environmental Protection (MassDEP)
submitted a negative declaration for
subpart DDDD to EPA on December 18,
2018.
III. Final Action
EPA is approving the negative
declarations submitted by ME DEP and
MassDEP serving in lieu of their CAA
111(d) State plans for the CISWI
Emission Guidelines to satisfy the
requirements of §§ 60.23(b) and 62.06.
EPA is publishing this action without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the Proposed
Rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the negative
declarations should relevant adverse
comments be filed. This rule will be
effective December 10, 2024 without
further notice unless the Agency
receives relevant adverse comments by
November 12, 2024.
If EPA receives such comments, we
will publish a document withdrawing
the final rule and informing the public
that the rule will not take effect. All
public comments received will then be
addressed in a subsequent final rule
based on the proposed rule. EPA will
not institute a second comment period
on the proposed rule. All parties
interested in commenting on the
proposed rule should do so at this time.
If no such comments are received, the
public is advised that this rule will be
effective on December 10, 2024 and no
further action will be taken on the
proposed rule. Please note that if EPA
receives adverse comments on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of
adverse comments.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator
has the authority to approve a 111(d)
negative declaration in lieu of a State
plan that complies with the provisions
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of the CAA and applicable Federal
regulations. See 40 CFR 62.06. In
reviewing 111(d) negative declaration
letters, EPA’s role is to approve State
choices, provided that they meet the
criteria of the CAA and of EPA’s
implementing regulations. 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); and
• 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.
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action does not apply
on any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. As such, it does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on Tribal
governments or preempt Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
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 December 10,
2024. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section in this issue of the Federal
Register, rather than file an immediate
petition for judicial review of this direct
final rule, so that EPA can withdraw
this direct final rule and address the
comment in the proposed rulemaking.
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,
Administrative practice and procedure,
Air pollution control, Industrial
facilities, Intergovernmental relations,
Reporting and recordkeeping
requirements, Waste treatment and
disposal.
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Dated: October 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, 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:
■
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16:13 Oct 10, 2024
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Authority: 42 U.S.C. 7401 et seq.
■
2. Revise § 62.4980 to read as follows:
§ 62.4980 Identification of Plan—negative
declaration.
On May 3, 2018, the Maine
Department of Environmental Protection
submitted a letter certifying no existing
sources subject to 40 CFR part 60,
subpart DDDD operate within the State’s
jurisdiction.
■ 3. Revise § 62.5475 to read as follows:
§ 62.5475 Identification of Plan—negative
declaration.
On December 18, 2018, the
Massachusetts Department of
Environmental Protection submitted a
letter certifying no existing sources
subject to 40 CFR part 60, subpart DDDD
operate within the Commonwealth’s
jurisdiction.
[FR Doc. 2024–23172 Filed 10–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2024; FRL–12229–01–R6]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is amending an exclusion
for Bayer Material Science LLC,
Baytown, Texas facility to reflect
changes in ownership and name.
DATES: This rule is effective October 11,
2024.
FOR FURTHER INFORMATION CONTACT:
Eshala Dixon, RCRA Permits & Solid
Waste Section (LCR–RP), Land,
Chemicals and Redevelopment Division,
EPA Region 6, 1201 Elm Street, Suite
500, Dallas, TX 75270, phone number:
214–665–6592; email address:
dixon.eshala@epa.gov.
SUPPLEMENTARY INFORMATION: In this
document EPA is amending appendix
IX to part 261 to reflect a change in the
ownership and name of a particular
facility. This action documents the
transfer of ownership and name change
by updating appendix IX to incorporate
the change in owner’s name for the
Bayer Material Science LLC, Baytown,
TX facility for the exclusion from
hazardous waste (K027) (K104) (K111)
and (K112) from the wastewater
treatment plant. The exclusion or
SUMMARY:
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82515
‘‘delisting’’ was granted to Bayer
Material Science LLC on July 25, 2005
(see 70 FR 49187). The EPA has been
notified that the transfer of ownership of
the Bayer Material Science LLC,
Baytown, TX facility to Covestro
Industrial Park Baytown occurred on
September 1st 2015. Covestro has
certified that it plans to comply with all
the terms and conditions set forth in the
delisting and will not change the
characteristics of the wastes subject to
the exclusion at the Baytown, TX
facility. This action documents the
change by updating appendix IX to
incorporate a change in name.
The changes to appendix IX to part
261 are effective October 11, 2024. The
Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of the Resource Conservation and
Recovery Act (RCRA) to allow rules to
become effective in less than six months
when the regulated community does not
need the six-month period to come into
compliance. As described above, the
facility has certified that it is prepared
to comply with the requirements of the
exclusion. Therefore, a six-month delay
in the effective date is not necessary in
this case. This provides the basis for
making this amendment effective
immediately upon publication under
the Administrative Procedures Act
pursuant to 5 United States Code
(U.S.C.) 553(d). The EPA has
determined that having a proposed
rulemaking and public comment on this
change is unnecessary, as it involves
only a change in company ownership,
with all of the same delisting
requirements remaining in effect.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
Dated: September 30, 2024.
Helena Healy,
Director, Land, Chemicals and
Redevelopment Division, Region 6.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
2. Amend table 1 of Appendix IX to
part 261 by removing the second entry
for ‘‘Bayer Material Science LLC’’
‘‘Baytown, TX’’ and adding an entry for
‘‘Covestro Industrial Park Baytown’’ in
alphabetical order by facility.
■
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]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82513-82515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23172]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2024-0462; FRL-12317-01-R1]
Approval and Promulgation of State Plans (Negative Declarations)
for Designated Facilities and Pollutants: Maine and Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve negative declarations in lieu of State plans to
satisfy the requirements in the Emission Guidelines and Compliance
Times for Commercial and Industrial Solid Waste Incineration Units for
the State of Maine and the Commonwealth of Massachusetts. The negative
declarations certify that the States do not have any existing sources
within their jurisdictions that must comply with the rule.
DATES: This direct final rule will be effective December 10, 2024,
unless EPA receives adverse comments by November 12, 2024. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0462. 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.,
confidential business information (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: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square,
APTB05-2, Boston, MA 02109-0287. Telephone: 617-918-1652. Fax: 617-918-
0652 Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Commercial and Industrial Solid Waste Incineration Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) delineates regulations for air pollution
emissions that can adversely impact public health. Section 111(d) of
the CAA sets standards of performance for existing
[[Page 82514]]
sources of air pollution, specifically pertaining to the remaining
useful life of a source. Air pollutants subject to this section are
those which are not already regulated as air quality criteria
pollutants via 42 U.S.C. 7408(a) or hazardous air pollutants via 42
U.S.C. 7412. Section 111(d) requires States to submit a plan to EPA for
approval that establishes the standards of performance and provides for
their implementation and enforcement. EPA prescribes a Federal plan in
the cases that a State does not submit a State plan or the submitted
State plan is disapproved. If a State has no designated facilities for
a standards of performance source category, it may submit a negative
declaration in lieu of a State plan for that source category according
to 40 CFR 60.23(b) and 62.06.
II. Commercial and Industrial Solid Waste Incineration Regulations
The Emission Guidelines and Compliance Times for Commercial and
Industrial Solid Waste Incineration Units at 40 CFR part 60, subpart
DDDD (CISWI Emission Guidelines or subpart DDDD) regulate existing
commercial and industrial solid waste incineration units (CISWIs) and
air curtain incinerators (ACIs). A CISWI is defined at Sec. 60.2875 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 in 40 CFR part 241.'' The structure of a
CISWI includes, but is not limited to, a solid waste feed system, a
grate system, a flue gas system, a waste heat recovery equipment, if
any, and bottom ash system. An ACI is defined at Sec. 60.2875 as ``an
incinerator that operates by forcefully projecting a curtain of air
across an open chamber or pit in which combustion occurs. Incinerators
of this type can be constructed above or below ground and with or
without refractory walls and floor.'' Existing units are CISWIs and
ACIs that: (1) commenced construction on or before November 30, 1999
and that were not modified or reconstructed after June 1, 2001; (2)
commenced construction after November 30, 1999, but no later than June
4, 2010, or commenced modification or reconstruction after June 1, 2001
but no later than August 7, 2013; or (3) commenced construction on or
before June 4, 2010, or commenced modification or reconstruction after
June 4, 2010 but no later than August 7, 2013.
The air quality programs Administrator of a State subject to
subpart DDDD must submit a State plan to EPA that implements the CISWI
Emission Guidelines via Sec. 60.2505. A State with no existing units
is required to submit a negative declaration letter in place of the
State plan in accordance with Sec. 60.2510. The Maine Department of
Environmental Protection (ME DEP) submitted a negative declaration to
EPA on May 3, 2018, certifying that there are no existing sources in
the State subject to the requirements of 40 CFR part 60, subpart DDDD.
Likewise, the Massachusetts Department of Environmental Protection
(MassDEP) submitted a negative declaration for subpart DDDD to EPA on
December 18, 2018.
III. Final Action
EPA is approving the negative declarations submitted by ME DEP and
MassDEP serving in lieu of their CAA 111(d) State plans for the CISWI
Emission Guidelines to satisfy the requirements of Sec. Sec. 60.23(b)
and 62.06.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the Proposed Rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the negative declarations
should relevant adverse comments be filed. This rule will be effective
December 10, 2024 without further notice unless the Agency receives
relevant adverse comments by November 12, 2024.
If EPA receives such comments, we will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 10, 2024 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comments on an amendment, paragraph, or section of this rule and if
that provision may be severed from the remainder of the rule, EPA may
adopt as final those provisions of the rule that are not the subject of
adverse comments.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to approve a
111(d) negative declaration in lieu of a State plan that complies with
the provisions of the CAA and applicable Federal regulations. See 40
CFR 62.06. In reviewing 111(d) negative declaration letters, EPA's role
is to approve State choices, provided that they meet the criteria of
the CAA and of EPA's implementing regulations. 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); and
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.
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action does not apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. As such, it does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 82515]]
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 December 10, 2024. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section in this issue of the Federal Register, rather than file
an immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Administrative practice and procedure,
Air pollution control, Industrial facilities, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: October 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, 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.
0
2. Revise Sec. 62.4980 to read as follows:
Sec. 62.4980 Identification of Plan--negative declaration.
On May 3, 2018, the Maine Department of Environmental Protection
submitted a letter certifying no existing sources subject to 40 CFR
part 60, subpart DDDD operate within the State's jurisdiction.
0
3. Revise Sec. 62.5475 to read as follows:
Sec. 62.5475 Identification of Plan--negative declaration.
On December 18, 2018, the Massachusetts Department of Environmental
Protection submitted a letter certifying no existing sources subject to
40 CFR part 60, subpart DDDD operate within the Commonwealth's
jurisdiction.
[FR Doc. 2024-23172 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
