[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43307-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19706]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2017-0338; FRL-9967-42-Region 2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; United States Virgin Islands; Other Solid 
Waste Incineration Units

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 United States Virgin Islands, for other 
solid waste incineration units. Other solid waste incineration (OSWI) 
unit. which is either a very small municipal waste combustion unit or 
an institutional

[[Page 43308]]

waste incineration unit. This negative declaration certifies that OSWI 
units subject to sections 111(d) and 129 of the CAA do not exist within 
the jurisdiction of the 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 November 14, 2017, 
without further notice, unless the EPA receives adverse comment by 
October 16, 2017. 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-2017-0338), to https://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 https://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 <a href="/cdn-cgi/l/email-protection#723e1b1c190b5c371605130016321702135c151d04"><span class="__cf_email__" data-cfemail="91ddf8fffae8bfd4f5e6f0e3f5d1f4e1f0bff6fee7">[email protected]</span></a>.

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 United States 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, which includes Other 
Solid Waste Incineration (OSWI) units (see 40 CFR 60-3078). Section 129 
mandates that all plan requirements be at least as protective 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 EPA within one year after 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 OSWI units for the relevant emission 
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 December 16, 2005 (70 FR 74907), the EPA established emission 
guidelines and compliance times for existing OSWI units. The emission 
guidelines and compliance times are codified at 40 CFR part 60, subpart 
FFFF.
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the Department of Planning and Natural Resources of the Government of 
the United States Virgin Islands submitted a negative declaration 
letter to the EPA on April 18, 2017.
    The submittal of these declarations exempts the United States 
Virgin Islands from the requirement to submit a state plan for existing 
OSWI 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 United States 
Virgin Islands, certifying that there are no existing OSWI units 
subject to 40 CFR part 60, subpart FFFF, in accordance with section 
111(d) of the CAA.
    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 issue of the 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);

[[Page 43309]]

    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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; and
    <bullet> 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 have tribal implications as 
specified by Executive Order 13175 because the section 111(d)/129 plan 
is not approved to apply in Indian country located in the state, and 
EPA notes will not impose substantial direct costs on tribal 
governments or preempt tribal law. Thus, Executive Order 13175 does not 
apply to this section.
    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 November 14, 2017.
    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, Other Solid Waste Incineration units.

    Dated: August 18, 2017.
Catherine R. McCabe,
Acting 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

0
1. The authority citation for part 62 continues to read as follows:

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


0
2. Subpart CCC is amended by adding an undesignated center heading and 
Sec.  62.13358 to read as follows:

Air Emissions From Other Solid Waste Incineration (OSWI) Units 
Constructed on or Before December 16, 2005


Sec.  62.13358  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources submitted April 04, 2017 to Acting Regional Administrator 
Catherine R. Mc Cabe, certifying that the United States Virgin Islands 
has no existing unites pursuant to 40 CFR 60 Subpart FFFF, Emissions 
Guidelines and Compliaince Times for Other Solid Waste Incineration 
Units that commenced construction on or before December 9, 2004.

[FR Doc. 2017-19706 Filed 9-14-17; 8:45 am]
 BILLING CODE 6560-50-P


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