44738 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

nonattainment area planning 

requirements under sections 172 and 

182 of the CAA for the 2008 ozone 

NAAQS for the Sacramento Metro area. 

No tribe is subject to the requirement to 

submit an implementation plan under 

section 172 or under subpart 2 of part 

D of Title I of the CAA. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks that the EPA has reason to 

believe may disproportionately affect 

children, per the definition of ‘‘covered 

regulatory action’’ in section 2–202 of 

the Executive Order. This action is not 

subject to Executive Order 13045 

because it is a finding that California 

has failed to submit certain SIP 

revisions that satisfy the nonattainment 

area planning requirements under 

sections 172 and 182 of the CAA for the 

2008 ozone NAAQS for the Sacramento 

Metro area and does not directly or 

disproportionately affect children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. In finding that California 

has failed to submit SIP revisions that 

satisfy certain nonattainment area 

planning requirements under sections 

172 and 182 of the CAA for the 2008 

ozone NAAQS for the Sacramento Metro 

area, this action does not directly affect 

the level of protection provided to 

human health or the environment. 

J. Congressional Review Act (CRA) 

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). 

L. Judicial Review 

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 November 27, 

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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: August 14, 2017. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–20445 Filed 9–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2017–0171; FRL–9968–11– 

Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming; Negative Declarations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve 20 negative declarations for 

four designated facility classes in all 

Region 8 states. First, the EPA is 

approving negative declarations from 

Colorado, Montana, North Dakota, 

South Dakota and Wyoming for existing 

small municipal waste combustor 

(MWC) units. Second, the EPA is 

approving negative declarations from 

Colorado, Montana, North Dakota, 

South Dakota, Utah and Wyoming for 

existing large MWC units. Third, the 

EPA is approving negative declarations 

from Montana, South Dakota, Utah and 

Wyoming for existing commercial and 

industrial solid waste incineration 

(CISWI) units. Fourth, the EPA is 

approving negative declarations from 

Montana, North Dakota, South Dakota, 

Utah and Wyoming for existing other 

solid waste incineration (OSWI) units. 

Each of the negative declaration letters 

approved in this final rulemaking action 

is a certified statement from the issuing 

state that there are no existing 

designated facilities of the source 

category specified in the negative 

declaration, within the jurisdiction of 

that state, which would require the 

development of a Clean Air Act (CAA) 

section 111(d)/129 state plan. These 

approved negative declarations will 

serve in lieu of a state plan unless a 

previously unknown facility falling 

under these particular emissions 

guidelines is identified and 

development of a state plan becomes 

necessary. 

DATES: This rule is effective October 26, 

2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2017–0171. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through Regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6396, 

lohrke.gregory@epa.gov. 


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SUPPLEMENTARY INFORMATION: There 

have been no changes to the regulatory 

language from the language presented in 

the previous direct final action 

published on June 5, 2017 (82 FR 

25734), amended by a correction action 

published on August 2, 2017 (82 FR 

35906). 

I. Background Information 

The EPA’s statutory authority for 

regulating new and existing solid waste 

incineration units is outlined in CAA 

sections 111 and 129. Section 129 of the 

Act is specific to solid waste 

combustion and requires the EPA to 

establish performance standards for 

each category of solid waste 

incineration units, which include the 

categories addressed in this notice. 

Section 111(b) of the Act gives the EPA 

the statutory authority to promulgate 

new source performance standards 

(NSPS) for new incineration units. 

Section 111(d) requires states to submit 

plans to control designated pollutants at 

existing incineration facilities 

(designated facilities) whenever 

standards of performance have been 

established under section 111(b) and the 

EPA has established emission 

guidelines for existing designated 

facilities. Emission guidelines are 

implemented and enforced by state 

pollution control agencies through these 

EPA-approved section 111(d)/129 state 

plans or a promulgated federal plan 

adopted by the state. If a state does not 

have any existing solid waste 

incineration units for the relevant 

emission guidelines, the state shall 

submit a letter to the EPA certifying that 

no such units exist within the state (i.e., 

a negative declaration) in lieu of a state 

plan. 

Emission guidelines for small MWC 

units were originally promulgated 

alongside guidelines for large MWC 

units in December 1995 (40 CFR part 60, 

subpart Cb). These guidelines were 

vacated by the U.S. Court of Appeals for 

the District of Columbia Circuit in 

March 1997 when the court held that 

the EPA should separately regulate 

small MWC units to remain consistent 

with the provisions of section 129 of the 

CAA. On December 6, 2000, the EPA 

issued a final rule (65 FR 76378) to 

reestablish emission guidelines and 

compliance times for existing small 

MWC units constructed on or before 

August 30, 1999, that have the capacity 

to combust 35 to 250 tons per day of 

municipal solid waste (40 CFR part 60, 

subpart BBBB). The federal plan for 

these units was promulgated on January 

31, 2003 (68 FR 5144), at 40 CFR part 

62, subpart JJJ. 

In December 1995, the EPA adopted 

NSPS (40 CFR part 60, subpart Eb) and 

emission guidelines (40 CFR part 60, 

subpart Cb) for large MWC units. The 

EPA conducted a five-year review of the 

NSPS and emission guidelines for large 

MWC units as required by section 

129(a)(5) of the CAA and proposed 

amendments on December 19, 2005 (70 

FR 75348). On May 10, 2006, after 

consideration of comments received on 

this proposal, revisions and 

amendments to the emission guidelines 

and compliance times for large MWC 

units were promulgated at 40 CFR part 

60, subpart Cb (71 FR 27323). 

On February 7, 2013, revision of the 

emission guidelines and compliance 

times for CISWI units was adopted and 

promulgated (78 FR 9112) at 40 CFR 

part 60, subpart DDDD. Reconsideration 

of certain aspects of the final rule due 

to public comment resulted in minor 

amendments to the CISWI rule being 

made on June 23, 2016. On October 3, 

2003, the EPA promulgated the federal 

plan for CISWI units that commenced 

construction on or before November 30, 

1999 (68 FR 57539), at 40 CFR part 62, 

subpart III. 

On December 16, 2005, emission 

guidelines and compliance times were 

promulgated for existing other solid 

waste incineration units that 

commenced construction on or before 

December 9, 2004 (70 FR 74907), at 40 

CFR part 60, subpart FFFF. 

Reconsideration of certain aspects of the 

final rule resulted in minor amendments 

to the OSWI rule being made on January 

22, 2007. 

The EPA proposed approval and 

promulgation of several negative 

declarations from the EPA Region 8 

states for the above emission guidelines 

by publishing in parallel proposed and 

direct final rulemaking actions on June 

5, 2017 (82 FR 25753 and 82 FR 25734). 

A correction to the amended regulatory 

language was published on August 2, 

2017 (82 FR 35906). During the public 

commentary period of the proposal, the 

EPA received one comment. In general, 

this comment claimed the proposed and 

direct final actions lacked sufficient 

proof that no environmental impact 

would result from the rulemaking 

action. The EPA disagrees with this 

claim, and a more complete summary of 

the comment and the EPA’s response 

and justification for final rulemaking 

can be found in section ‘‘III. Response 

to Public Comments,’’ of this preamble. 

However, receipt of the comment 

necessitated a timely withdrawal of the 

direct final rulemaking action on August 

4, 2017 (82 FR 36335), and the 

subsequent initiation of the present final 

rulemaking action to promulgate the 

approved negative declarations. 

II. State Submittals 

A. Existing Small Municipal Waste 

Combustion Units Negative Declarations 

From the States of Colorado, Montana, 

North Dakota, South Dakota and 

Wyoming 

The Colorado Department of Public 

Health and Environment, the Montana 

Department of Environmental Quality, 

the North Dakota Department of Health, 

the South Dakota Department of 

Environment and Natural Resources and 

the Wyoming Department of 

Environmental Quality have submitted 

letters certifying that there are no 

existing small MWC units under state 

jurisdiction in their respective states 

subject to 40 CFR part 60, subpart 

BBBB. These negative declarations meet 

the requirements of 40 CFR 62.06, and 

the EPA outlines no formal review 

process for negative declaration letters 

under subpart BBBB—Emission 

Guidelines and Compliance Times for 

Small Municipal Waste Combustion 

Units Constructed On or Before August 

30, 1999. The dates of submission for 

these letters are outlined in the table 

below. 

State agency submitting the 

negative declaration 

Date of letter 

to EPA Region 8 Office 

Colorado Department of Public Health and Environment.January 8, 

2001. 

Montana Department of Environmental Quality.June 27, 

2005. 

North Dakota Department of 

Health.

November 27, 

2001. 

South Dakota Department of 

Environment and Natural 

Resources.

January 25, 

2002. 

Wyoming Department of Environmental Quality.October 9, 

2001. 

B. Existing Large Municipal Waste 

Combustion Units Continued Negative 

Declarations From the States of 

Colorado, Montana, North Dakota, 

South Dakota, Utah and Wyoming 

The Colorado Department of Public 

Health and Environment, the Montana 

Department of Environmental Quality, 

the North Dakota Department of Health, 

the South Dakota Department of 

Environment and Natural Resources, the 

Utah Department of Environmental 

Quality and the Wyoming Department 

of Environmental Quality have 

submitted letters continuing their 

certification that there are no existing 

large MWC units under state 

jurisdiction in their respective states 

subject to 40 CFR part 60, subpart Cb. 

These negative declarations meet the 


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requirements of 40 CFR 62.06, and the 

EPA outlines no formal review process 

for negative declaration letters under 40 

CFR part 60, subpart Cb—Emissions 

Guidelines and Compliance Times for 

Large Municipal Waste Combustors 

That Are Constructed On or Before 

September 20, 1994. The dates of 

submission for these letters are outlined 

in the table below. 

State agency submitting the 

negative declaration 

Date of letter 

to EPA Region 8 Office 

Colorado Department of Public Health and Environment.October 13, 

2015. 

Montana Department of Environmental Quality.March 18, 

2015. 

North Dakota Department of 

Health.

February 26, 

2015. 

South Dakota Department of 

Environment and Natural 

Resources.

April 3, 2017. 

Utah Department of Environmental Quality.March 22, 

2017. 

Wyoming Department of Environmental Quality.April 23, 2015. 

C. Existing Commercial and Industrial 

Solid Waste Incineration Units 

Continued Negative Declarations From 

the States of Montana, South Dakota, 

Utah and Wyoming 

The Montana Department of 

Environmental Quality, the South 

Dakota Department of Environment and 

Natural Resources, the Utah Department 

of Environmental Quality and the 

Wyoming Department of Environmental 

Quality have submitted letters 

continuing their certification that there 

are no existing CISWI units under state 

jurisdiction in their respective states 

subject to 40 CFR part 60, subpart 

DDDD. These negative declarations meet 

the requirements of 40 CFR 62.06, and 

the EPA outlines no formal review 

process for negative declaration letters 

under 40 CFR part 60, subpart DDDD— 

Emissions Guidelines and Compliance 

Times for Commercial and Industrial 

Solid Waste Incineration Units That 

Commenced Construction On or Before 

November 30, 1999. The dates of 

submission for these letters are outlined 

in the table below. 

State agency submitting the 

negative declaration 

Date of letter 

to EPA Region 8 Office 

Montana Department of Environmental Quality.March 18, 

2015. 

South Dakota Department of 

Environment and Natural 

Resources.

April 3, 2017. 

Utah Department of Environmental Quality.March 22, 

2017. 

Wyoming Department of Environmental Quality.February 23, 

2017. 

D. Existing Other Solid Waste 

Incineration Units Negative 

Declarations From the States of 

Montana, North Dakota, South Dakota, 

Utah and Wyoming 

The Montana Department of 

Environmental Quality, the North 

Dakota Department of Health, the South 

Dakota Department of Environment and 

Natural Resources, the Utah Department 

of Environmental Quality and the 

Wyoming Department of Environmental 

Quality have submitted letters certifying 

that there are no existing OSWI units 

under state jurisdiction in their 

respective states subject to 40 CFR part 

60, subpart FFFF. These negative 

declarations meet the requirements of 

40 CFR 62.06, and the EPA outlines no 

formal review process for negative 

declaration letters under 40 CFR part 60, 

subpart FFFF—Emission Guidelines and 

Compliance Times for Other Solid 

Waste Incineration Units That 

Commenced Construction On or Before 

December 9, 2004. The dates of 

submission for these letters are outlined 

in the table below. 

State agency submitting the 

negative declaration 

Date of letter 

to EPA Region 8 Office 

Montana Department of Environmental Quality.March 18, 

2015. 

North Dakota Department of 

Health.

September 

20, 2006. 

South Dakota Department of 

Environment and Natural 

Resources.

May 4, 2007. 

Utah Department of Environmental Quality.December 20, 

2006. 

Wyoming Department of Environmental Quality.May 3, 2007. 

III. Response to Public Comments 

Today’s rule will be finalized as 

proposed without revisions. The EPA 

received a total of one public comment 

on the proposed approval and 

promulgation of negative declarations 

from Region 8 states. After considering 

the comment, the EPA has determined 

that the comment is outside the scope 

of the purpose and effect of the 

proposed action. The following section 

is a summary of the public comment 

received, the response, and the rationale 

for the EPA’s decision to proceed with 

the proposed action without revisions. 

The comment to which this section is 

addressed is located in the docket for 

this rulemaking action, which can be 

accessed by following the instructions 

outlined in the ADDRESSES section of 

this preamble. 

A. Failure To Document ‘No Negative 

Effect’ 

Comment: The comment received, as 

it was written on the Regulations.gov 

Web site, is presented here for clarity: 

‘‘The documentation provided is 

rather limited. While there is a 

declaration of no negative effect, proof 

of that would be needed rather than to 

issue a statement saying there is no 

negative effect. There needs to be an 

analysis of the public that helps 

determine that for sure and not violate 

the NEPA provisions that would require 

public involvement.’’ 

Response: This comment raises issues 

outside the scope of the EPA’s approval 

of negative declarations concerning 

designated facilities covered under CAA 

section 111(d)/129. The EPA’s direct 

final rule would approve letters from 

states stating that no incinerators of 

certain categories and classes existed 

within the states’ jurisdiction in 

accordance with the relevant regulations 

at 40 CFR 60.23(b) and 62.06. The EPA 

made no ‘‘declaration of no negative 

effect.’’ The EPA also provided the 

appropriate documentation, as scanned 

copies of the negative declaration letters 

from the states are available in this 

rulemaking’s docket, filed as supporting 

documents. These certified negative 

declarations will serve in lieu of a 

111(d)/129 state plan unless a relevant 

existing designated facility is found 

within state jurisdiction and 

development of a state plan is required. 

In no case would the negative 

declaration process trigger a NEPA 

review nor would the EPA be required 

to undertake an environmental or 

economic impact analysis of a section 

111(d) negative declaration and issue a 

finding analogous to a ‘‘declaration of 

no negative effect.’’ 

IV. Final Action 

The EPA is approving the negative 

declarations for existing small MWC 

units for the states of Colorado, 

Montana, North Dakota, South Dakota 

and Wyoming. The negative 

declarations satisfy the requirements of 

40 CFR 62.06 and will serve in lieu of 

CAA section 111(d)/129 state plans for 

the specified states and source category. 

The EPA is also approving the 

updated negative declarations for 

existing large MWC units for the states 

of Colorado, Montana, North Dakota, 

South Dakota, Utah and Wyoming. The 

negative declarations satisfy the 

requirements of 40 CFR 62.06 and will 

serve in lieu of CAA section 111(d)/129 

state plans for the specified states and 

source category. 

The EPA is also publishing the 

updated negative declarations for 


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existing CISWI units for the states of 

Montana, South Dakota, Utah and 

Wyoming. The negative declarations 

satisfy the requirements of 40 CFR 62.06 

and will serve in lieu of CAA section 

111(d)/129 state plans for the specified 

states and source category. 

The EPA is also approving the 

negative declarations for existing OSWI 

units for the states of Montana, North 

Dakota, South Dakota, Utah and 

Wyoming. The negative declarations 

satisfy the requirements of 40 CFR 62.06 

and will serve in lieu of CAA section 

111(d)/129 state plans for the specified 

states and source category. 

V. Statutory and Executive Order 

Review 

Under the CAA, the Administrator is 

required to approve a section 111(d)/129 

plan submission that complies with the 

provisions of the Act and applicable 

federal regulations at 40 CFR 62.04. 

Thus, in reviewing section 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 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 

application of those requirements would 

be inconsistent with the CAA; and, 

• Is not subject to Executive Order 

12898 (59 FR 7629, February 16, 1994) 

because it does not establish an 

environmental health or safety standard. 

In addition, this rule 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. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 27, 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 it 

shall not postpone the effectiveness of 

such rule or action. Under CAA section 

307(b)(2), this action may not be 

challenged later in proceedings to 

enforce its requirements. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Commercial 

industrial solid waste incineration, 

Intergovernmental relations, Municipal 

solid waste combustion, Other solid 

waste incineration. 

Dated: September 7, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Revise § 62.1370 to read as follows: 

§ 62.1370 Identification of plan—negative 

declaration. 

Letter from the Colorado Department 

of Public Health and Environment 

submitted October 13, 2015, certifying 

that there are no existing large 

municipal waste combustion units 

within the State of Colorado that are 

subject to part 60, subpart Cb, of this 

chapter. 

■ 3. Subpart G is amended by adding an 

undesignated center heading and 

§ 62.1400 to read as follows: 

Emissions From Existing Small 

Municipal Waste Combustion Units 

§ 62.1400 Identification of plan—negative 

declaration. 

Letter from the Colorado Department 

of Public Health and Environment 

submitted January 8, 2001, certifying 

that there are no existing small 

municipal waste combustion units 

within the State of Colorado that are 

subject to part 60, subpart BBBB, of this 

chapter. 

Subpart BB—Montana 

■ 4. Revise § 62.6620 to read as follows: 

§ 62.6620 Identification of plan—negative 

declaration. 

Letter from the Montana Department 

of Environmental Quality submitted 

March 18, 2015, certifying that there are 

no existing large municipal waste 

combustion units within the State of 

Montana that are subject to part 60, 

subpart Cb, of this chapter. 

■ 5. Revise § 62.6630 to read as follows: 

§ 62.6630 Identification of plan—negative 

declaration. 

Letter from the Montana Department 

of Environmental Quality submitted 

March 18, 2015, certifying that there are 

no existing commercial and industrial 

solid waste incineration units within 


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the State of Montana that are subject to 

part 60, subpart DDDD, of this chapter. 

■ 6. Subpart BB is amended by adding 

an undesignated center heading and 

§ 62.6650 to read as follows: 

Emissions From Existing Small 

Municipal Waste Combustion Units 

§ 62.6650 Identification of plan—negative 

declaration. 

Letter from the Montana Department 

of Environmental Quality submitted 

June 27, 2005, certifying that there are 

no existing small municipal waste 

combustion units within the State of 

Montana that are subject to part 60, 

subpart BBBB, of this chapter. 

■ 7. Subpart BB is amended by adding 

an undesignated center heading and 

§ 62.6660 to read as follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.6660 Identification of plan—negative 

declaration. 

Letter from the Montana Department 

of Environmental Quality submitted 

March 18, 2015, certifying that there are 

no existing other solid waste 

incineration units within the State of 

Montana that are subject to part 60, 

subpart FFFF, of this chapter. 

Subpart JJ—North Dakota 

■ 8. Revise § 62.8620 to read as follows: 

§ 62.8620 Identification of plan—negative 

declaration. 

Letter from the North Dakota 

Department of Health submitted 

February 26, 2015, certifying that there 

are no existing large municipal waste 

combustion units within the State of 

North Dakota that are subject to part 60, 

subpart Cb, of this chapter. 

■ 9. Subpart JJ is amended by adding an 

undesignated center heading and 

§ 62.8650 to read as follows: 

Emissions From Existing Small 

Municipal Waste Combustion Units 

§ 62.8650 Identification of plan—negative 

declaration. 

Letter from the North Dakota 

Department of Health submitted 

November 27, 2001, certifying that there 

are no existing small municipal waste 

combustion units within the State of 

North Dakota that are subject to part 60, 

subpart BBBB, of this chapter. 

■ 10. Subpart JJ is amended by adding 

an undesignated center heading and 

§ 62.8660 to read as follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.8660 Identification of plan—negative 

declaration. 

Letter from the North Dakota 

Department of Health submitted 

September 20, 2006, certifying that there 

are no existing other solid waste 

incineration units within the State of 

North Dakota that are subject to part 60, 

subpart FFFF, of this chapter. 

Subpart QQ—South Dakota 

■ 11. Revise § 62.10370 to read as 

follows: 

§ 62.10370 Identification of plan—negative 

declaration. 

Letter from the South Dakota 

Department of Environment and Natural 

Resources submitted April 3, 2017, 

certifying that there are no existing large 

municipal waste combustion units 

within the State of South Dakota that are 

subject to part 60, subpart Cb, of this 

chapter. 

■ 12. Revise § 62.10380 to read as 

follows: 

§ 62.10380 Identification of plan—negative 

declaration. 

Letter from the South Dakota 

Department of Environment and Natural 

Resources submitted April 3, 2017, 

certifying that there are no existing 

commercial and industrial solid waste 

incineration units within the State of 

South Dakota that are subject to part 60, 

subpart DDDD, of this chapter. 

■ 13. Subpart QQ is amended by adding 

an undesignated center heading and 

§ 62.10400 to read as follows: 

Emissions From Existing Small 

Municipal Waste Combustion Units 

§ 62.10400 Identification of plan—negative 

declaration. 

Letter from the South Dakota 

Department of Environment and Natural 

Resources submitted January 25, 2002, 

certifying that there are no existing 

small municipal waste combustion units 

within the State of South Dakota that are 

subject to part 60, subpart BBBB, of this 

chapter. 

■ 14. Subpart QQ is amended by adding 

an undesignated center heading and 

§ 62.10410 to read as follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.10410 Identification of plan—negative 

declaration. 

Letter from the South Dakota 

Department of Environment and Natural 

Resources submitted May 4, 2007, 

certifying that there are no existing 

other solid waste incineration units 

within the State of South Dakota that are 

subject to part 60, subpart FFFF, of this 

chapter. 

Subpart TT—Utah 

■ 15. Revise § 62.11130 to read as 

follows: 

§ 62.11130 Identification of plan—negative 

declaration. 

Letter from the Utah Department of 

Environmental Quality submitted March 

22, 2017, certifying that there are no 

existing large municipal waste 

combustion units within the State of 

Utah that are subject to part 60, subpart 

Cb, of this chapter. 

■ 16. Revise § 62.11140 to read as 

follows: 

§ 62.11140 Identification of plan—negative 

declaration. 

Letter from the Utah Department of 

Environmental Quality submitted March 

22, 2017, certifying that there are no 

existing commercial and industrial solid 

waste incineration units within the 

State of Utah that are subject to part 60, 

subpart DDDD, of this chapter. 

■ 17. Subpart TT is amended by adding 

an undesignated center heading and 

§ 62.11160 to read as follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.11160 Identification of plan—negative 

declaration. 

Letter from the Utah Department of 

Environmental Quality submitted 

December 20, 2006, certifying that there 

are no existing other solid waste 

incineration units within the State of 

Utah that are subject to part 60, subpart 

FFFF, of this chapter. 

Subpart ZZ—Wyoming 

■ 18. Revise § 62.12620 to read as 

follows: 

§ 62.12620 Identification of plan—negative 

declaration. 

Letter from the Wyoming Department 

of Environmental Quality submitted 

April 23, 2015, certifying that there are 

no existing large municipal waste 

combustion units within the State of 

Wyoming that are subject to part 60, 

subpart Cb, of this chapter. 

■ 19. Revise § 62.12630 to read as 

follows: 

§ 62.12630 Identification of plan—negative 

declaration. 

Letter from the Wyoming Department 

of Environmental Quality submitted 

February 23, 2017, certifying that there 

are no existing commercial and 


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industrial solid waste incineration units 

within the State of Wyoming that are 

subject to part 60, subpart DDDD, of this 

chapter. 

■ 20. Subpart ZZ is amended by adding 

an undesignated center heading and 

§ 62.12650 to read as follows: 

Emissions From Existing Small 

Municipal Waste Combustion Units 

§ 62.12650 Identification of plan—negative 

declaration. 

Letter from the Wyoming Department 

of Environmental Quality submitted 

October 9, 2001, certifying that there are 

no existing small municipal waste 

combustion units within the State of 

Wyoming that are subject to part 60, 

subpart BBBB, of this chapter. 

■ 21. Subpart ZZ is amended by adding 

an undesignated center heading and 

§ 62.12660 to read as follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.12660 Identification of plan—negative 

declaration. 

Letter from the Wyoming Department 

of Environmental Quality submitted 

May 3, 2007, certifying that there are no 

existing other solid waste incineration 

units within the State of Wyoming that 

are subject to part 60, subpart FFFF, of 

this chapter. 

[FR Doc. 2017–20595 Filed 9–25–17; 8:45 am] 

BILLING CODE 6560–50–P 


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