414 Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Hazardous waste, Indians, 

Intergovernmental relations, Manpower 

training programs, Nuclear energy, 

Nuclear materials, Occupational safety 

and health, Penalties, Radiation 

protection, Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is proposing to 

adopt the following amendments to 10 

CFR part 72: 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1982, 

secs. 117(a), 132, 133, 134, 135, 137, 141, 

145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

Section 72.44(g) also issued under 

Nuclear Waste Policy Act secs. 142(b) 

and 148(c), (d) (42 U.S.C. 10162(b), 

10168(c), (d)). 

Section 72.46 also issued under 

Atomic Energy Act sec. 189 (42 U.S.C. 

2239); Nuclear Waste Policy Act sec. 

134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under 

Nuclear Waste Policy Act sec. 145(g) (42 

U.S.C. 10165(g)). 

Subpart J also issued under Nuclear 

Waste Policy Act secs. 117(a), 141(h) (42 

U.S.C. 10137(a), 10161(h)). 

Subpart K also issued under sec. 

218(a) (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance No. 1014 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1014. 

Initial Certificate Effective Date: May 

31, 2000. 

Amendment Number 1 Effective Date: 

July 15, 2002. 

Amendment Number 2 Effective Date: 

June 7, 2005. 

Amendment Number 3 Effective Date: 

May 29, 2007. 

Amendment Number 4 Effective Date: 

January 8, 2008. 

Amendment Number 5 Effective Date: 

July 14, 2008. 

Amendment Number 6 Effective Date: 

August 17, 2009. 

Amendment Number 7 Effective Date: 

December 28, 2009. 

Amendment Number 8 Effective Date: 

May 2, 2012, as corrected on November 

16, 2012. (ADAMS Accession No. 

ML12213A170). 

Amendment Number 9 Effective Date: 

March 11, 2014, superseded by 

Amendment Number 9, Revision 1 on 

March 21, 2016. 

Amendment Number 9, Revision 1, 

Effective Date: March 21, 2016. 

SAR Submitted by: Holtec 

International. 

SAR Title: Final Safety Analysis 

Report for the HI–STORM 100 Cask 

System. 

Docket Number: 72–1014. 

Certificate Expiration Date: May 31, 

2020. 

Model Number: HI–STORM 100. 

* * * * * 

Dated at Rockville, Maryland, this 22nd 

day of December, 2015. For the Nuclear 

Regulatory Commission. 

Glenn M. Tracy, 

Acting, Executive Director for Operations. 

[FR Doc. 2015–33279 Filed 1–5–16; 8:45 am] 

BILLING CODE 7590–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2015–0733; FRL–9941–05– 

Region 7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Nebraska; Sewage Sludge 

Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

Clean Air Act (CAA) section 111(d)/129 

negative declaration for the state of 

Nebraska, for existing sewage sludge 

incinerator (SSI) units. This negative 

declaration certifies that existing SSI 

units subject to sections 111(d) and 129 

of the CAA do not exist within the 

jurisdiction of Nebraska. EPA is 

accepting the negative declaration in 

accordance with the requirements of the 

CAA. 

DATES: Comments must be received on 

or before February 5, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0733, 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 

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: 

Paula Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at 913–551–7028 

or by email at higbee.paula@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 


wgreen on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules 415 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Sewage sludge incinerators. 

Dated: December 23, 2015. 

Mark Hague, 

Regional Administrator, Region 7. 

[FR Doc. 2015–33291 Filed 1–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 122 

[EPA–HQ–OW–2015–0671; FRL–9939–88– 

OW] 

RIN 2040–AF57 

National Pollutant Discharge 

Elimination System (NPDES) Municipal 

Separate Storm Sewer System General 

Permit Remand 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing changes to 

the regulations governing small 

municipal separate storm sewer system 

(MS4) permits to respond to a remand 

from the United States Court of Appeals 

for the Ninth Circuit in Environmental 

Defense Center, et al. v. EPA, 344 F.3d 

832 (9th Cir. 2003). In that decision, the 

court determined that the regulations for 

providing coverage under small MS4 

general permits did not provide for 

adequate public notice and opportunity 

to request a hearing. Additionally, the 

court found that EPA failed to require 

permitting authority review of the best 

management practices (BMPs) to be 

used at a particular MS4 to ensure that 

the small MS4 permittee reduces 

pollutants in the discharge from their 

systems to the ‘‘maximum extent 

practicable’’ (MEP), the standard 

established by the Clean Water Act for 

such permits. EPA’s proposal would 

revise the small MS4 regulations to 

ensure that the permitting authority 

determines the adequacy of BMPs and 

other requirements and provides public 

notice and the opportunity to request a 

public hearing on the requirements for 

each MS4. The proposal would not 

establish any new substantive 

requirements for small MS4s. 

DATES: Comments must be received on 

or before March 21, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2015–0671, to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. 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. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: Greg 

Schaner, Office of Wastewater 

Management, Water Permits Division 

(M4203), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–0721; email address: 

schaner.greg@epa.gov 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. What action is the Agency taking? 

C. What is the Agency’s authority for 

taking this action? 

II. Background 

A. Statutory and Regulatory Overview 

B. MS4 Permitting Requirements 

III. Judicial Review of the Phase II Rule and 

Partial Remand 

A. Decision in Environmental Defense 

Center et al. v. EPA 

B. EPA Action Following the Partial 

Remand of the Phase II Rule 

IV. Scope of This Rulemaking 

V. EPA’s Evaluation and Selection of 

Rulemaking Options 

A. Current Permitting Authority Practice 

B. Description of Process Used To Evaluate 

Options 

C. Considerations in Evaluating Options 

1. Permitting Authority Review 

2. Public Participation Requirements 

3. Other Factors Considered 

VI. Analysis of Options for Proposal 

A. Option 1—The Traditional General 

Permit Approach 

1. Current Examples of Clear, Specific, and 

Measurable Permit Requirements 

2. Types of Permit Language Lacking 

Sufficient Detail To Qualify as Clear, 

Specific, and Measurable 

3. Summary/Description of Proposed Rule 

Changes 

B. Option 2—Procedural Approach 

C. Option 3—State Choice Approach 

VII. Incremental Costs of Proposed Rule 

Options 

VIII. Statutory and Executive Orders Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does this action apply to me? 

Entities potentially regulated by this 

proposed action include: 

Category Examples of regulated entities 

North 

American 

Industry 

Classification 

System 

(NAICS) code 

Federal and state government .................................................... EPA or state NPDES stormwater permitting authorities ........... 924110 


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