Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 25611 

performance test specifications as 

unnecessary to retain in the applicable 

SIP 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule 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 

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 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 June 28, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 15, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(29)(i)(B) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(29) * * * 

(i) * * * 

(B) Previously approved on April 23, 

1982, in paragraph (c)(29)(i)(A) of this 

section and now deleted without 

replacement: Arizona Testing Manual 

for Air Pollutant Emissions, Sections 3.0 

and 4.0. 

* * * * * 

[FR Doc. 2016–10008 Filed 4–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2015–0755; FRL–9945–71– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; 

Commonwealth of Puerto Rico; 

Control of Emissions From Existing 

Sewage Sludge Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

plan submitted by the Commonwealth 

of Puerto Rico to implement and enforce 

the Emission Guidelines (EG) for 

existing sewage sludge incineration 

(SSI) units. Puerto Rico’s plan is 

consistent with the EG promulgated by 

the EPA on March 21, 2011. Puerto 

Rico’s plan establishes emission limits 

and other requirements for the purpose 

of reducing toxic air emissions and 

other air pollutants from existing SSI 

units throughout the Commonwealth. At 

the request of Puerto Rico, the EPA is 

not taking action on a provision of its 

SSI plan allowing for affirmative 

defenses of Clean Air Act violations in 

the case of malfunctions. Puerto Rico 

submitted its plan to fulfill the 

requirements of sections 111(d) and 129 

of the Clean Air Act. 

DATES: This rule is effective on May 31, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2015–0755), to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

mstockstill on DSK3G9T082PROD with RULES

25612 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 

1On April 13, 2016, the EPA Administrator 

signed the final rule for the Federal SSI plan which 

would apply to SSI units that are not covered by 

an approved and effective state plan. The Federal 

plan does not include an affirmative defense to 

violations that result from malfunctions. The reader 

is referred to section IV.B. on page 82 of the 

prepublication version of the federal plan on EPA’s 

Web site at: https://www3.epa.gov/ttn/atw/129/ssi/ 

SSI%20final%20Federal%20Plan.pdf. 

2 In emails dated 6/04/2015, 8/10/2015 and 11/

10/2015, Puerto Rico responded to EPA’s requests 

to provide clarifying information concerning Puerto 

Rico’s State SSI plan. This clarifying information 

also is available in EPA’s docket at 

www.regulations.gov. 

3Puerto Rico’s SSI regulation can be found at the 

Puerto Rico Environmental Quality Board’s Web 

page at: http://www2.pr.gov/agencias/jca/

LeyesyReglamentos/Pages/Reglamentos.aspx. Then 

look for RCAP Amendment Reg. 8485 for SSI units. 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). 

For additional submission methods, 

the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella, Air Programs 

Branch, Environmental Protection 

Agency (EPA), Region 2, 290 Broadway, 

25th Floor, New York, New York 

10007–1866, (212) 637–3892, or by 

email at gardella.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA taking today? 

The EPA is approving Puerto Rico’s 

State plan submitted to the EPA on July 

30, 2014, for the control of air emissions 

from existing sewage sludge 

incineration (SSI) units throughout the 

Commonwealth. When the EPA 

developed the New Source Performance 

Standards (NSPS) (subpart LLLL) for SSI 

units on March 21, 2011, it concurrently 

promulgated Emission Guidelines (EG) 

(subpart MMMM) to control air 

emissions from existing SSI units. The 

Puerto Rico State SSI plan adopts and 

implements the EG applicable to 

existing SSI units, and establishes other 

requirements for SSI units constructed 

on or before October 14, 2010. 

The Puerto Rico Environmental 

Quality Board (PREQB) developed a 

plan, as required by sections 111(d) and 

129 of the Clean Air Act (CAA), to adopt 

the EG into its body of regulations, and 

EPA is acting today to approve Puerto 

Rico’s plan. 

As explained below, Puerto Rico 

requested in its July 30, 2014 submittal, 

that the EPA not take any action on a 

provision of the Puerto Rico State SSI 

plan allowing for affirmative defenses of 

CAA violations in the case of 

malfunctions. 

Therefore, the EPA is not taking 

action on the affirmative defense 

provision portion of Puerto Rico’s State 

SSI plan. 

II. What is the background for Puerto 

Rico’s request that EPA not take action 

on the affirmative defense provision? 

In an April 18, 2014 opinion, the U.S. 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit Court) 

vacated an affirmative defense in one of 

the EPA’s Section 112 regulations. 

Natural Resources Defense Council v. 

Environmental Protection Agency, 749 

F.3d 1055 (D.C. Circuit, 2014) (vacating 

affirmative defense provisions in the 

Section 112 rule establishing emission 

standards for Portland cement kilns). 

The court found that the EPA lacked 

authority to establish an affirmative 

defense for private civil suits and held 

that under the CAA, the authority to 

determine civil penalty amounts in such 

cases lies exclusively with the courts, 

not the EPA. The Office of General 

Counsel determined that EPA policy 

should reflect the court’s decision. The 

vacated affirmative defense provision in 

the EPA’s Portland cement MACT rule 

is identical to the affirmative defense 

provision in the EPA’s SSI EG, 

promulgated on March 21, 2011, under 

sections 111(d) and 129 of the CAA, at 

§ 60.5181 (‘‘How do I establish an 

affirmative defense for exceedance of an 

emission limit or standard during a 

malfunction?’’). Puerto Rico’s State SSI 

plan adopted all the applicable 

requirements of the EPA’s SSI EG, 

including the affirmative defense 

provisions at § 60.5181, into its State 

plan at Rule 405(d) of the Regulation for 

the Control of Atmospheric Pollution 

(RCAP). Specifically, Puerto Rico 

requested that the EPA not include the 

following affirmative defense provisions 

in Puerto Rico’s Rule 405(d): (d)(2)(E), 

(d)(2)(E)(i) and (d)(2)(E)(ii) in Puerto 

Rico’s State plan. 

Because of the April 2014 D.C. Court 

vacatur referred to above, Puerto Rico, 

in its July 30, 2014 submittal letter to 

the EPA, requested that the EPA not 

take action on the affirmative defense 

provision included in Puerto Rico’s 

State SSI plan submitted to the EPA for 

approval on July 30, 2014.1

Consequently, the EPA is not taking 

any action on those particular 

provisions of Puerto Rico’s State SSI 

plan as discussed herein. 

III. What are the details of EPA’s 

action? 

On March 21, 2011, in accordance 

with sections 111(d) and 129 of the 

CAA, EPA promulgated the SSI EG and 

compliance times for the control of 

emissions from existing SSI units. See 

76 FR 15371. EPA codified these 

guidelines at 40 CFR part 60, subpart 

MMMM. They include a model rule at 

40 CFR 60.5085 through 62.5250 that 

States may use to develop their own 

plans. Under that rule, EPA has defined 

an ‘‘SSI unit,’’ in part, as any 

incineration unit that combusts sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter. 40 CFR 

60.5250. 

On July 30, 2014,2 the Puerto Rico 

Environmental Quality Board submitted 

its section 111(d) State plan for 

implementing EPA’s EG for existing SSI 

units located in the Commonwealth of 

Puerto Rico. 

Puerto Rico amended Rule 102, 

entitled ‘‘Definitions of the Regulation 

for the Control of Atmospheric Pollution 

(RCAP),’’ and incorporated Rule 405(d), 

entitled ‘‘Emission Guidelines and 

Compliance Times for Existing Sewage 

Sludge Incineration Units (SSI),’’ to 

include the requirements for 

implementing the SSI EG covered under 

Sections 111(d) and 129 of the CAA, 

and codified in 40 CFR part 60, subpart 

MMMM. Revisions to Puerto Rico’s 

Rules 3 became effective on July 13, 

2014. 

For further details, the reader is 

referred to EPA’s proposal located in the 

EPA’s electronic docket at 

www.regulations.gov. 

IV. What comments were received on 

the proposed approval and how has the 

EPA responded to them? 

There were no comments received on 

the EPA’s proposed rulemaking (80 FR 

76894, December 11, 2015) regarding 

Puerto Rico’s State plan for existing SSI 

units. The 30-day public comment 

period on the EPA’s proposed approval 

ended on January 11, 2016. 

V. What is the EPA’s conclusion? 

For the reasons described in this 

rulemaking and in EPA’s proposal, the 

EPA is approving Puerto Rico’s sections 

111(d) and 129 plan for existing SSI 

units. However, as described above, the 

EPA is not taking any action on the 

affirmative defense provisions in Puerto 

Rico’s Rule 405(d), as follows: (d)(2)(E), 

(d)(2)(E)(i) and (d)(2)(E)(ii) in Puerto 

Rico’s State plan. 

VI. 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 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 25613 

Federal regulations. 40 CFR 62.04. Thus, 

in reviewing 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 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, this action does not have 

tribal implications as specified by 

Executive Order 13175, because the 

section 111(d)/129 plan is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this section. 

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 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 June 28, 2016. 

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, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Incorporation by 

reference, Intergovernmental relations, 

Paper and products industry, 

Phosphate, Reporting and recordkeeping 

requirements, Sulfur oxides, Sulfuric 

acid plants, Waste treatment and 

disposal. 

Dated: April 18, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BBB—Puerto Rico 

■ 2. Add § 62.13109 and an 

undesignated heading to subpart BBB to 

read as follows: 

Air Emissions From Existing Sewage 

Sludge Incineration Units 

§ 62.13109 Identification of plan. 

(a) On July 30, 2014, the Puerto Rico 

Environmental Quality Board (PREQB) 

submitted to the Environmental 

Protection Agency a section 111(d)/129 

plan for implementation and 

enforcement of 40 CFR part 60, subpart 

MMMM—Emission Guidelines and 

Compliance Times for Existing Sewage 

Sludge Incineration Units. In emails 

dated June 4, 2015, August 10, 2015 and 

November 10, 2015, the PREQB 

submitted clarifying information 

concerning Puerto Rico’s plan. The State 

plan includes revisions to Rule 102 and 

Rule 405 of the Puerto Rico Regulations 

for the Control of Atmospheric 

Pollution, entitled, ‘‘Definitions’’ and 

‘‘Incineration,’’ Respectively. The 

revisions to Rules 102 and 405 became 

effective on July 13, 2014. At the request 

of Puerto Rico, EPA has not taken any 

action on a provision of its State plan 

allowing for affirmative defenses of 

Clean Air Act violations in the case of 

malfunctions. 

(b) Identification of sources: The plan 

applies to existing sewage sludge 

incineration (SSI) units that: 

(1) Commenced construction on or 

before October 14, 2010; or 

(2) Commenced a modification on or 

before September 21, 2011 primarily to 

comply with Puerto Rico’s plan; and 

(3) Meets the definition of a SSI unit 

defined in Puerto Rico’s plan. 

(c) The effective date of the plan for 

existing sewage sludge incineration 

units is May 31, 2016. 

[FR Doc. 2016–09862 Filed 4–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 173, and 178 

[Docket No. PHMSA–2015–0271 (HM–261)] 

RIN 2137–AF15 

Hazardous Materials: Incorporation by 

Reference Edition Update for the 

American Society of Mechanical 

Engineers Boiler and Pressure Vessel 

Code and Transportation Systems for 

Liquids and Slurries: Pressure Piping 

Code 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Direct final rule. 

mstockstill on DSK3G9T082PROD with RULES