Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82513 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject State effective 

date 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. 

* * * * * * * 

1Table 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 State effective 

date EPA approval date Additional explanation 

*******

Certification Procedure CP–204 Certification Procedure for Vapor Recovery Systems of 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. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–23423 Filed 10–10–24; 8:45 am] 

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 

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: 

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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82514 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

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 

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 

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 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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 

‘‘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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