77578 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 

PART 241—SOLID WASTES USED AS 

FUELS OR INGREDIENTS IN 

COMBUSTION UNITS 

■ 9. The authority citation for part 241 

continues to read as follows: 

Authority: 42 U.S.C. 6903, 6912, 7429. 

■ 10. Amend § 241.3 by revising 

paragraphs (c) introductory text, (c)(1) 

introductory text, (c)(2) introductory 

text, (c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) to 

read as follows: 

§ 241.3 Standards and procedures for 

identification of non-hazardous secondary 

materials that are solid wastes when used 

as fuels or ingredients in combustion units. 

* * * * * 

(c) The Regional Administrator may 

grant a non-waste determination that a 

non-hazardous secondary material that 

is used as a fuel, which is not managed 

within the control of the generator, is 

not discarded and is not a solid waste 

when combusted. This responsibility 

may be retained by the Assistant 

Administrator for the Office of Land and 

Emergency Management if combustors 

are located in multiple EPA Regions and 

the petitioner requests that the Assistant 

Administrator process the non-waste 

determination petition. If multiple 

combustion units are located in one 

EPA Region, the application must be 

submitted to the Regional Administrator 

for that Region. The criteria and process 

for making such non-waste 

determinations includes the following: 

(1) Submittal of an application to the 

Regional Administrator for the EPA 

Region where the facility or facilities are 

located or the Assistant Administrator 

for the Office of Land and Emergency 

Management for a determination that 

the non-hazardous secondary material, 

even though it has been transferred to a 

third party, has not been discarded and 

is indistinguishable in all relevant 

aspects from a fuel product. The 

determination will be based on whether 

the non-hazardous secondary material 

that has been discarded is a legitimate 

fuel as specified in paragraph (d)(1) of 

this section and on the following 

criteria: 

* * * * * 

(2) The Regional Administrator or 

Assistant Administrator for the Office of 

Land and Emergency Management will 

evaluate the application pursuant to the 

following procedures: 

* * * * * 

(ii) The Regional Administrator or 

Assistant Administrator for the Office of 

Land and Emergency Management will 

evaluate the application and issue a 

draft notice tentatively granting or 

denying the application. Notification of 

this tentative decision will be published 

in a newspaper advertisement or radio 

broadcast in the locality where the 

facility combusting the non-hazardous 

secondary material is located, and be 

made available on the EPA’s Web site. 

(iii) The Regional Administrator or 

the Assistant Administrator for the 

Office of Land and Emergency 

Management will accept public 

comments on the tentative decision for 

30 days, and may also hold a public 

hearing upon request or at his/her 

discretion. The Regional Administrator 

or the Assistant Administrator for the 

Office of Land and Emergency 

Management will issue a final decision 

after receipt of comments and after a 

hearing (if any). If a determination is 

made that the non-hazardous secondary 

material is a non-waste fuel, it will be 

retroactive and apply on the date the 

petition was submitted. 

(iv) If a change occurs that affects how 

a non-hazardous secondary material 

meets the relevant criteria contained in 

this paragraph (c) after a formal nonwaste determination has been granted, 

the applicant must re-apply to the 

Regional Administrator or the Assistant 

Administrator for the Office of Land and 

Emergency Management for a formal 

determination that the non-hazardous 

secondary material continues to meet 

the relevant criteria and, thus, is not a 

solid waste. 

* * * * * 

PART 310—REIMBURSEMENT TO 

LOCAL GOVERNMENTS FOR 

EMERGENCY RESPONSE TO 

HAZARDOUS SUBSTANCE RELEASES 

■ 11. The authority citation for part 310 

continues to read as follows: 

Authority: 42 U.S.C. 9611(c)(11), 9623. 

■ 12. Amend § 310.15 by revising 

paragraph (d) to read as follows: 

§ 310.15 How do I apply for 

reimbursement? 

* * * * * 

(d) Mail your completed application 

and supporting data to the LGR Project 

Officer, (5401A), Office of Emergency 

Management, Office of Land and 

Emergency Management, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

PART 761—POLYCHLORINATED 

BIPHENYLS (PCBs) 

MANUFACTURING, PROCESSING, 

DISTRIBUTION IN COMMERCE, AND 

USE PROHIBITIONS 

■ 13. The authority citation for part 761 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2611, 

2614, and 2616. 

■ 14. Amend § 761.60 by revising 

paragraph (i)(1) to read as follows: 

§ 761.60 Disposal requirements. 

* * * * * 

(i) * * * (1) The officials designated 

in paragraph (e) of this section and 

§ 761.70(a) and (b) to receive requests 

for approval of PCB disposal activities 

are the primary approval authorities for 

these activities. Notwithstanding, EPA 

may, at its discretion, assign the 

authority to review and approve any 

aspect of a disposal system to the Office 

of Land and Emergency Management or 

to a Regional Administrator. 

* * * * * 

[FR Doc. 2015–31061 Filed 12–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0334; FRL–9940–05– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Interstate Transport of Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will have 

certain adverse air quality effects in 

other states. On May 11, 2015, the State 

of Washington made a submittal to the 

Environmental Protection Agency (EPA) 

to address these requirements. The EPA 

is approving the submittal as meeting 

the requirement that each SIP contain 

adequate provisions to prohibit 

emissions that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS) in any other state. 

DATES: This final rule is effective 

January 14, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0334. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 77579 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact Jeff Hunt at 

(206) 553–0256, hunt.jeff@epa.gov, or by 

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On October 27, 2015, the EPA 

proposed to find that Washington 

adequately addressed the interstate 

transport requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 ozone 

NAAQS (80 FR 65672). An explanation 

of the CAA requirements, a detailed 

analysis of the submittal, and the EPA’s 

reasons for approval were provided in 

the notice of proposed rulemaking, and 

will not be restated here. The public 

comment period for this proposed rule 

ended on November 27, 2015. The EPA 

received no comments on the proposal. 

II. Final Action 

The EPA approves the Washington 

SIP as meeting the CAA section 

110(a)(2)(D)(i)(I) interstate transport 

requirements for the 2008 ozone 

NAAQS. 

III. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP 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 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); 

• 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 

this action does not involve technical 

standards; and 

• does not provide the 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). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except as specifically noted 

below and is also not approved to apply 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Washington’s SIP is 

approved to apply on non-trust land 

within the exterior boundaries of the 

Puyallup Indian Reservation, also 

known as the 1873 Survey Area. Under 

the Puyallup Tribe of Indians 

Settlement Act of 1989, 25 U.S.C. 1773, 

Congress explicitly provided state and 

local agencies in Washington authority 

over activities on non-trust lands within 

the 1873 Survey Area. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 16, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 1, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 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 WW—Washington 

■ 2. In § 52.2470, paragraph (e) is 

amended by adding an entry to the end 

of ‘‘Table 2 –Attainment, Maintenance, 

and Other Plans’’ to reads as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 


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77580 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 

1 33 U.S.C. 1321(t)(3)(A)(ii). The Council 

previously promulgated a regulation permitting 

each State to access up to 5% of the total amount 

available in the Trust Fund under the Spill Impact 

Component (the statutory minimum guaranteed to 

each State). These funds could be used for planning 

purposes associated with developing a State 

Expenditure Plan. 80 FR 1584 (Jan. 13, 2015); 40 

CFR 1800.20. 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or nonattainment area State submittal 

date EPA Approval date Comments 

*******

Interstate Transport for 

the 2008 Ozone 

NAAQS.

Statewide ............................................................... 5/11/15 12/15/15 [Insert Federal 

Register citation].

This action addresses CAA 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–31460 Filed 12–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

GULF COAST ECOSYSTEM 

RESTORATION COUNCIL 

40 CFR Part 1800 

[Docket Number: 112152015–1111–10] 

RESTORE Act Spill Impact Component 

Allocation 

AGENCY: Gulf Coast Ecosystem 

Restoration Council. 

ACTION: Final rule. 

SUMMARY: This rule sets forth the Gulf 

Coast Ecosystem Restoration Council’s 

(Council) regulation to implement the 

Spill Impact Component of the 

Resources and Ecosystems 

Sustainability, Tourist Opportunities, 

and Revived Economies of the Gulf 

Coast States Act of 2012 (RESTORE 

Act). This rule establishes the formula 

allocating funds made available from 

the Gulf Coast Restoration Trust Fund 

among the Gulf Coast States of Alabama, 

Florida, Louisiana, Mississippi and 

Texas (‘‘State’’ or ‘‘States’’) pursuant to 

Sec. 1603(3) of the RESTORE Act. 

DATES: This rule will become effective 

on the date the Council publishes in the 

Federal Register a document confirming 

that the United States District Court for 

the Eastern District of Louisiana has 

entered a consent decree (Consent 

Decree) among the United States, the 

States and BP with respect to the civil 

penalty and natural resource damages in 

case number MDL No. 2179. 

ADDRESSES: The Council posted all 

comments on the proposed rule on its 

Web site, www.restorethegulf.gov, 

without change. 

FOR FURTHER INFORMATION CONTACT: Will 

Spoon at (504) 239–9814. 

SUPPLEMENTARY INFORMATION: 

Background 

The Gulf Coast region is vital to our 

nation and our economy, providing 

valuable energy resources, abundant 

seafood, extraordinary beaches and 

recreational activities, and a rich natural 

and cultural heritage. Its waters and 

coasts are home to one of the most 

diverse natural environments in the 

world—including over 15,000 species of 

sea life and millions of migratory birds. 

The Gulf has endured many 

catastrophes, including major 

hurricanes such as Katrina, Rita, Gustav 

and Ike in the last ten years alone. The 

region has also experienced the loss of 

critical wetland habitats, erosion of 

barrier islands, imperiled fisheries, 

water quality degradation and 

significant coastal land loss. More 

recently, the health of the region’s 

ecosystem was significantly affected by 

the Deepwater Horizon oil spill. As a 

result of the oil spill, the Council has 

been given the great responsibility of 

helping to address ecosystem challenges 

across the Gulf. 

In 2010 the Deepwater Horizon oil 

spill caused extensive damage to the 

Gulf Coast’s natural resources, 

devastating the economies and 

communities that rely on it. In an effort 

to help the region rebuild in the wake 

of the spill, Congress passed and the 

President signed the RESTORE Act, 

Public Law 112–141 sections 1601– 

1608, 126 Stat. 588 (Jul. 6, 2012), 

codified at 33 U.S.C. 1321(t) and note. 

The RESTORE Act created the Gulf 

Coast Restoration Trust Fund (Trust 

Fund) and dedicates to the Trust Fund 

80% of all civil and administrative 

penalties paid under the Clean Water 

Act, after enactment of the RESTORE 

Act, by parties responsible for the 

Deepwater Horizon oil spill. Under the RESTORE Act, these funds 

will be made available through five 

components. The Department of the 

Treasury (Treasury) has issued 

regulations (79 FR 48039 (Aug. 15, 

2014)), adopting an interim final rule at 

31 CFR part 34) (Treasury Regulations), 

applicable to all five components, that 

generally describe the responsibilities of 

the Federal and State entities that 

administer RESTORE Act programs and 

carry out restoration activities in the 

Gulf Coast region. Two of the five components, the 

Council-Selected Restoration 

Component and the Spill Impact 

Component, are administered by the 

Council, an independent Federal entity 

created by the RESTORE Act. Under the 

Spill Impact Component (33 U.S.C. 

1321(t)(3)), the subject of this rule, 30% 

of funds in the Trust Fund will be 

disbursed to the States based on 

allocation criteria set forth in the 

RESTORE Act.1 In order for funds to be 

disbursed to a State, the RESTORE Act 

requires each State to develop a State 

Expenditure Plan (SEP) and submit it to 

the Council for approval. The RESTORE 

Act specifies particular entities within 

the States to prepare these plans. 

SEPs must meet the following four 

criteria set forth in the RESTORE Act: 

(1) All projects, programs and activities 

(activities) included in the SEP are 

eligible activities under the RESTORE 

Act (33 U.S.C. 1321(t)(3)(B)(i)(I)); (2) all 

activities included in the SEP contribute 

to the overall economic and ecological 

recovery of the Gulf Coast (33 U.S.C. 

1321(t)(3)(B)(i)(II)); (3) the SEP takes the 

Council’s Comprehensive Plan into 

consideration and is consistent with the 

goals and objectives of the 

Comprehensive Plan (33 U.S.C. 

1321(t)(3)(B)(i)(III)); and (4) no more 

than 25% of the allotted funds are used 

for infrastructure projects unless the 

SEP contains certain certifications 

pursuant to 33 U.S.C. 1321(t)(3)(B)(ii) 

(33 U.S.C. 1321(t)(3)(B)(ii)). If the 

Council determines that an SEP meets 

the four criteria listed above and 

otherwise complies with the RESTORE 

Act and the applicable Treasury 

Regulations, the Council must approve 

the SEP based upon such determination 

within 60 days after a State submits an 

SEP to the Council. 33 U.S.C. 

1321(t)(3)(B)(iv). 

The funds the Council disburses to 

the States upon approval of an SEP will 

be in the form of grants. As required by 

Federal law, the Council will award a 

Federal grant or grants to each of the 

States and incorporate into the grant 

award(s) standard administrative terms 


asabaliauskas on DSK5VPTVN1PROD with RULES