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[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58405-58407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20307]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2016-0088; FRL-9951-24-Region 2]

Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Virgin Islands; Sewage Sludge Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the Clean Air Act (CAA) section 111(d)/129 
negative declaration for the Government of the United States Virgin 
Islands, 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 United States Virgin Islands. The EPA is accepting the negative 
declaration in accordance with the requirements of the CAA.

DATES: This direct final rule will be effective October 24, 2016, 
without further notice, unless the EPA receives adverse comment by 
September 26, 2016. If EPA receives adverse comment, we 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: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-016-0088), 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: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3764 or by email at Linky.Edward@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to the EPA. This section provides additional information 
by addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state \1\ regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA.
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    \1\ Section 302(d) of the CAA includes the Virgin Islands in the 
definition of the term ``State.''
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    The general provisions for the submittal and approval of state 
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, 
subpart A. Section 111(d) establishes general requirements and 
procedures on state plan submittals for the control of designated 
pollutants.
    Section 129 requires emission guidelines to be promulgated for all 
categories of solid waste incineration units, including SSI units. 
Section 129 mandates that all plan requirements be at least as 
protective and restrictive as the promulgated emission guidelines. This 
includes fixed final compliance dates, fixed compliance schedules, and 
Title V permitting requirements for all affected sources. Section 129 
also requires that state plans be submitted to

[[Page 58406]]

the EPA within one year after the EPA's promulgation of the emission 
guidelines and compliance times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a State 
does not have any existing Sewage Sludge Incineration (SSI) units for 
the relevant emissions guidelines, a letter can be submitted certifying 
that no such units exist within the State (i.e., negative declaration) 
in lieu of a state plan.
    The negative declaration exempts the State from the requirements of 
subpart B that would otherwise require the submittal of a CAA section 
111(d)/129 plan.
    On March 21, 2011 (76 FR 15372), the EPA established emission 
guidelines and compliance times for existing SSI units. The emission 
guidelines and compliance times are codified at 40 CFR 60, subpart 
MMMM.
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the Government of the United States Virgin Islands (USVI) Department of 
Planning and Natural Resources (DPNR) submitted a negative declaration 
letter to the EPA on December 1, 2015. As the USVI-DPNR has certified 
by letter that no SSI units exist, the submittal of this declaration 
exempts the Territory from the requirement to submit a state plan for 
existing SSI units.

II. Analysis of State Submittal

    In this Direct Final action, the EPA is amending part 62 to reflect 
receipt of the negative declaration letter from the USVI-DPNR, 
certifying that there are no existing SSI units subject to 40 CFR part 
60, subpart MMMM, in accordance with section 111(d) of the CAA.
    If a designated facility (i.e., existing SSI unit) is later found 
within USVI-DPNR's jurisdiction after publication of this Federal 
Register action, then the overlooked facility will become subject to 
the requirements of the Federal plan for that designated facility, 
including the compliance schedule. The Federal plan will no longer 
apply, if we subsequently receive and approve the section 111(d)/129 
plan from the jurisdiction with the overlooked facility.
    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposed rule to approve the negative 
declaration if adverse comments are received on this direct final rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If the EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

III. 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 Federal regulations. 40 CFR 62.04.
    Thus, in reviewing 111(d)/129 plan submissions, the 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. Sec.  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. Sec.  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. Sec.  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. 
Sec.  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).

    This action does not have tribal implications as specified by 
Executive Order 13175. The section 111(d)/129 plan 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. 
Thus, Executive Order 13175 does not apply to this section.
    The Congressional Review Act, 5 U.S.C. Sec.  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. Sec.  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 October 24, 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, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sewage sludge incinerators.

    Dated: August 8, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    For the reasons stated in the preamble, EPA amends 40 CFR part 62 
as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

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1. The authority citation for part 62 continues to read as follows:

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

[[Page 58407]]

Subpart CCC--Virgin Islands

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2. Add an undesignated center heading and Sec.  62.13357 to subpart CCC 
to read as follows:

Air Emissions From Existing Sewage Sludge Incineration Units 
Constructed on or Before October 14, 2010

Sec.  62.13357  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources, submitted December 1, 2015 to EPA Regional Administrator 
Judith A. Enck, certifying that there are no existing Sewage Sludge 
Incinerator units in the Territory of the United States Virgin Islands 
subject to 40 CFR part 60, subpart MMMM.

[FR Doc. 2016-20307 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P
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