4708 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 

submit to EPA’s docket at https://

www.regulations.gov 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 https://

www.epa.gov/dockets/commenting-epadockets. 

II. General Information 

A. Does this action apply to me? 

This rule may be of interest to electric 

utilities and independent power 

producers that fall within the North 

American Industry Classification 

System (NAICS) code 221112. The 

reference to NAICS code 221112 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be regulated by this 

action. This discussion lists the types of 

entities that EPA is now aware could 

potentially be regulated by this action. 

Other types of entities not described 

here could also be regulated. To 

determine whether your entity is 

regulated by this action, you should 

carefully examine the applicability 

criteria found in 40 CFR 257.50 of title 

40 of the Code of Federal Regulations. 

If you have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What action is the Agency taking? 

EPA is proposing to correct errors and 

conform the regulatory text to the 

decisions articulated in the Legacy Final 

Rule published in the Federal Register 

on May 8, 2024, which established 

regulatory requirements for legacy CCR 

surface impoundments and CCR 

management units (CCRMU). 89 FR 

38950. In addition, EPA is proposing a 

number of revisions to clarify the final 

requirements, such as consolidating the 

compliance deadlines for CCRMU into a 

single section and providing a deadline 

for the initial fugitive dust plan for 

CCRMU at facilities without a regulated 

unit. 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA 

has also published a direct final rule for 

this same action because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comment. 

EPA has explained the reasons for this 

in the preamble to the direct final rule. 

This proposed rule provides an 

opportunity for the public to comment 

on the issues discussed in the preamble 

to the direct final rule. 

In light of the narrow purpose of this 

rule to conform the regulatory text to the 

final actions described in the Legacy 

Final Rule, EPA is only soliciting 

comment on whether the changes in the 

direct final rule conform the text to 

EPA’s stated intent in the Legacy Final 

Rule preamble. EPA is not 

reconsidering, proposing to reopen, or 

otherwise soliciting comment on any 

provisions of the Legacy Final Rule 

itself. For the reader’s convenience, EPA 

has provided a background description 

of individual provisions in the Legacy 

Final Rule in several places throughout 

the direct final rule preamble. These 

descriptions do not reopen the 

underlying described provisions, but 

merely explain the context to inform the 

public of the basis for this action’s 

technical corrections. EPA will not 

respond to comments submitted on any 

issues other than those specifically 

identified in the direct final rule, and 

such comments will not be considered 

part of the rulemaking record. 

If EPA receives no adverse comment 

on the corrections in the direct final 

rule, the Agency will not take further 

action on this proposed rule and the 

direct final rule will become effective as 

provided in that action. If EPA does 

receive adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

about the specific regulatory 

paragraph(s) or amendment(s) in the 

direct final rule that will not take effect. 

The corrections in the direct final rule 

that are not withdrawn will become 

effective on the date set out above. EPA 

will address all public comments in any 

subsequent final rule based on this 

proposed rule. 

EPA does not intend to 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 

proposed rule see the ADDRESSES section 

of this document. 

C. What is the Agency’s authority for 

taking this action? 

EPA is publishing this rulemaking 

under the authority of sections 

1008(a)(3), 2002(a), 4004, and 4005(a), 

(d) of the Solid Waste Disposal Act of 

1970, as amended by the Resource 

Conservation and Recovery Act of 1976 

(RCRA), as amended by the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA) and the Water Infrastructure 

Improvements for the Nation (WIIN) Act 

of 2016, 42 U.S.C. 6907(a), 6912(a), 

6944, 6945(a) and (d). 

D. Where is the location of regulatory 

text for this proposal? 

The regulatory text for this proposal is 

identical to that for the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. For 

further supplemental information, the 

detailed rationale for the proposal, and 

the regulatory revisions, see the 

information provided in the direct final 

rule published in the Rules and 

Regulations section of this Federal 

Register. 

III. Statutory and Executive Order 

(E.O.) Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the direct final rule in 

the Rules and Regulations section of this 

Federal Register. 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 257 

Environmental protection, Beneficial 

use, Coal combustion products, Coal 

combustion residuals, Coal combustion 

waste, Disposal, Hazardous waste, 

Landfill, Surface impoundment. 

Jane Nishida, 

Acting Administrator. 

[FR Doc. 2025–00847 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2017–0183; FRL–5120–05– 

OAR] 

RIN 2060–AO18 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Large 

Municipal Waste Combustors 

Voluntary Remand Response and 5- 

Year Review; Reopening of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 4709 

ACTION: Proposed rule; request for 

comment; reopening of comment 

period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is reopening the comment 

period on the proposed Standards of 

Performance for New Stationary Sources 

and Emission Guidelines for Existing 

Sources: Large Municipal Waste 

Combustors Voluntary Remand 

Response and 5-Year Review. The 

original proposed rule was published on 

January 23, 2024, with a 60-day 

comment period closing March 25, 

2024. With this notification, EPA is 

reopening the public comment period 

for an additional 6 months, from 

January 16, 2025, to July 16, 2025. 

DATES: The comment period for the 

proposed rule published at 89 FR 4243 

on January 23, 2024, is reopened. 

Comments must be received on or 

before July 16, 2025. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2017–0183, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2017–0183 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2017– 

0183. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2017– 

0183, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact U.S. EPA, Attn: Noel Cope, Mail 

Drop: E143–02, 109 T.W. Alexander 

Drive, P.O. Box 12055, RTP, North 

Carolina 27711; telephone number: 

(919) 541–2128; and email address: 

cope.noel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Rationale. On January 23, 2024, the 

EPA proposed amendments to 40 Code 

of Federal Regulations (CFR) part 60, 

subparts Cb and Eb, the Standards of 

Performance for New Stationary Sources 

and Emission Guidelines for Existing 

Sources: Large Municipal Waste 

Combustors (89 FR 4243). The comment 

period for this proposed rule closed on 

March 25, 2024. The EPA has decided 

to reopen the comment period for an 

additional 6 months for the EPA to 

gather additional information on the 

proposed amendments to the Large 

Municipal Waste Combustor 

regulations. Specifically, the EPA seeks 

additional information and 

documentation on verifiable historic 

pollutant emission concentration 

information (e.g., stack test reports, 

waste characterization reports and 

continuous emission monitor records) 

for the industry so that we can further 

assess the proposed maximum 

achievable control technology 

(‘‘MACT’’) requirements, including 

operation of the control technologies 

over time. The public comment period 

will now end on July 16, 2025. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2017–0183. All 

documents in the docket are listed in 

https://www.regulations.gov/. Although 

listed, some information is not publicly 

available, e.g., 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. With the 

exception of such material, publicly 

available docket materials are available 

electronically in Regulations.gov. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2017– 

0183. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov/, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit electronically to https:// 

www.regulations.gov/ any information 

that you consider to be CBI or other 

information whose disclosure is 

restricted by statute. This type of 

information should be submitted as 

discussed below. 

The EPA may publish any comment 

received to its public docket. 

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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The https://www.regulations.gov/ 

website allows you to submit your 

comment anonymously, which means 

the EPA will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email comment directly to the 

EPA without going through https://

www.regulations.gov/, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

digital storage media you submit. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at https:// 

www.epa.gov/dockets. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through https://www.regulations.gov/. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on any digital 

storage media that you mail to the EPA, 

note the docket ID, mark the outside of 

the digital storage media as CBI, and 

identify electronically within the digital 

storage media the specific information 

that is claimed as CBI. In addition to 

one complete version of the comments 

that includes information claimed as 

CBI, you must submit a copy of the 

comments that does not contain the 

information claimed as CBI directly to 

the public docket through the 

procedures outlined in Instructions 

above. If you submit any digital storage 

media that does not contain CBI, mark 

the outside of the digital storage media 

clearly that it does not contain CBI and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
4710 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Proposed Rules 

note the docket ID. Information not 

marked as CBI will be included in the 

public docket and the EPA’s electronic 

public docket without prior notice. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

Our preferred method to receive CBI 

is for it to be transmitted electronically 

using email attachments, File Transfer 

Protocol (FTP), or other online file 

sharing services (e.g., Dropbox, 

OneDrive, Google Drive). Electronic 

submissions must be transmitted 

directly to the OAQPS CBI Office at the 

email address oaqps_cbi@epa.gov, and 

as described above, should include clear 

CBI markings, and note the docket ID. 

If assistance is needed with submitting 

large electronic files that exceed the file 

size limit for email attachments, and if 

you do not have your own file sharing 

service, please email oaqps_cbi@epa.gov 

to request a file transfer link. If sending 

CBI information through the postal 

service, please send it to the following 

address: OAQPS Document Control 

Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, P.O. 

Box 12055, Research Triangle Park, 

North Carolina 27711, Attention Docket 

ID No. EPA–HQ–OAR–2017–0183. The 

mailed CBI material should be double 

wrapped and clearly marked. Any CBI 

markings should not show through the 

outer envelope. 

Penny Lassiter, 

Director, Sector Policies and Programs 

Division. 

[FR Doc. 2025–00648 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 216 and 300 

[Docket Number 250108–008] 

RIN 0648–BG11 

Implementation of Provisions of the 

Illegal, Unreported, and Unregulated 

Fishing Enforcement Act of 2015, the 

Ensuring Access to Pacific Fisheries 

Act, and the James M. Inhofe National 

Defense Authorization Act for Fiscal 

Year 2023 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: NMFS formally withdraws a 

proposed rule on the Implementation of 

Provisions of the Illegal, Unreported, 

and Unregulated Fishing Enforcement 

Act of 2015 and the Ensuring Access to 

Pacific Fisheries Act, which was 

published in the Federal Register on 

July 8, 2022. This proposed rule would 

have implemented certain provisions of 

the two acts and amended the definition 

of illegal, unreported, or unregulated 

(IUU) fishing in the regulations that 

implement the High Seas Driftnet 

Fishing Moratorium Protection Act 

(Moratorium Protection Act). After the 

proposed rule was issued, Congress 

amended the Moratorium Protection Act 

by the James M. Inhofe National Defense 

Authorization Act for Fiscal Year 2023 

(NDAA). NMFS has been developing a 

revised proposed rule in light of the 

NDAA to conform to the statutory 

changes, but does not have sufficient 

time to finalize the rule in this 

Administration. 

DATES: The National Marine Fisheries 

Service is withdrawing the proposed 

rule published July 8, 2022 (87 FR 

40763) as of January 16, 2025. 

ADDRESSES: Office of International 

Affairs, Trade, and Commerce, National 

Marine Fisheries Service, 1315 EastWest Highway (F/IS5), Silver Spring, 

MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Terra Lederhouse, Office of 

International Affairs, Trade, and 

Commerce, National Marine Fisheries 

Service (phone: 301–427–8360; or 

email: terra.lederhouse@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

On July 8, 2022, NMFS published a 

proposed rule (87 FR 40763) on the 

Implementation of Provisions of the 

Illegal, Unreported, and Unregulated 

Fishing Enforcement Act of 2015 and 

the Ensuring Access to Pacific Fisheries 

Act. The proposed rule would have 

implemented the Agreement on Port 

State Measures to Prevent, Deter and 

Eliminate Illegal, Unreported and 

Unregulated Fishing (PSMA) and 

certain other provisions of the Illegal, 

Unreported, and Unregulated Fishing 

Enforcement Act of 2015, Public Law 

114–81 (November 15, 2015), as well as 

certain provisions of the Ensuring 

Access to Pacific Fisheries Act, Public 

Law 114–327 (December 16, 2016). The 

purpose of this proposed rule was to 

establish or amend procedures intended 

to assist the United States in combatting 

IUU fishing. It would have implemented 

the PSMA, which is intended to 

enhance regional and international 

cooperation and the ability of nations to 

detect and intercept products of IUU 

fishing before they enter into national 

and international markets. It would 

have amended the definition of IUU 

fishing in the regulations that 

implement the High Seas Driftnet 

Fishing Moratorium Protection Act as 

well as procedures to identify nations 

whose vessels undertake IUU fishing 

and other unsustainable fishing 

practices and negatively certify nations 

when they fail to take appropriate 

corrective actions. Finally, this 

proposed rule would also have amended 

the fisheries enforcement mechanisms 

of a number of existing statutes 

implementing U.S. obligations to 

regional fisheries management 

organizations and other international 

conservation organizations. 

After the proposed rule was issued, 

President Biden signed the James M. 

Inhofe National Defense Authorization 

Act for Fiscal Year 2023 (NDAA), Public 

Law 117–263 (December 23, 2022). 

NMFS has been revising the July 8, 

2022, proposed rule in light of 

amendments made to the Moratorium 

Protection Act by the NDAA to conform 

to the statutory changes. Combatting 

IUU fishing has been a top priority for 

NMFS, and NMFS has actively engaged 

with interagency partners and 

constituents on how best to address this 

critical issue through rulemaking and 

other means since the passage of the 

NDAA. Despite its best efforts, NMFS 

does not have sufficient time to finalize 

before the end of this Administration a 

revised version of the regulation that 

would appropriately address the 

statutory changes or to seek public input 

on those potential changes. 

Accordingly, NMFS hereby withdraws 

the July 2022 proposed rule and 

terminates this rulemaking proceeding. 

If, in the future, NMFS decides it is 

appropriate to issue regulations on this 

topic, it will do so via a new notice of 

proposed rulemaking, subject to the 

requirements of the Administrative 

Procedure Act, 5 U.S.C. 551, et seq. 

Authority: Pub. L. 114–81 (November 

15, 2015); Pub. L. 114–327 (December 

16, 2016); Pub. L. 117–263 (December 

23, 2022); 16 U.S.C. 1826d–k; 16 U.S.C. 

1801 et seq.; 16 U.S.C. 5501 et seq.; 16 

U.S.C. 2431 et seq.; 31 U.S.C. 9701 et 

seq.; 16 U.S.C. 1826a–1826c; 16 U.S.C. 

1361 et seq.; 16 U.S.C. 971 et seq.; 16 

U.S.C. 5601 et seq.; the Pacific Salmon 

Treaty Act, 16 U.S.C. 3631 et seq.; 16 

U.S.C. 951 et seq., 16 U.S.C. 5501 et seq. 

Dated: January 8, 2025. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2025–00716 Filed 1–15–25; 8:45 am] 

BILLING CODE 3510–22–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1