82_FR_20358 82 FR 20276 - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Delaware, District of Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; Control of Emissions From Existing Commercial and Industrial Solid Waste Incinerator Units

82 FR 20276 - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Delaware, District of Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; Control of Emissions From Existing Commercial and Industrial Solid Waste Incinerator Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range20276-20278
FR Document2017-08657

The Environmental Protection Agency (EPA) is taking direct final action to notify the public that it has received negative declarations relating to commercial and industrial solid waste incineration (CISWI) units within the State of Delaware, the District of Columbia, and the City of Philadelphia in the Commonwealth of Pennsylvania. These negative declarations certify that CISWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist within the jurisdictional boundaries of the State of Delaware, the District of Columbia, and the City of Philadelphia in the Commonwealth of Pennsylvania. EPA is accepting the negative declarations in accordance with the requirements of the CAA.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20276-20278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2016-0081; FRL-9961-23-Region 3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; State of Delaware, District of 
Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; 
Control of Emissions From Existing Commercial and Industrial Solid 
Waste Incinerator 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 notify the public that it has received negative 
declarations relating to commercial and industrial solid waste 
incineration (CISWI) units within the State of Delaware, the District 
of Columbia, and the City of Philadelphia in the Commonwealth of 
Pennsylvania. These negative declarations certify that CISWI units 
subject to the requirements of sections 111(d) and 129 of the Clean Air 
Act (CAA) do not exist within the jurisdictional boundaries of the 
State of Delaware, the District of Columbia, and the City of 
Philadelphia in the Commonwealth of Pennsylvania. EPA is accepting the 
negative declarations in accordance with the requirements of the CAA.

DATES: This rule is effective on June 30, 2017 without further notice, 
unless EPA receives adverse written comment by May 31, 2017. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0081 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Mary Cate Opila, (215) 814-2041, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 111(d) and 129 of the CAA require submittal of state plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established by EPA under section 111(b) for 
new sources of the same source category and the EPA has established 
emission guidelines for such existing sources. When designated 
facilities are located in a state, the state must then develop and

[[Page 20277]]

submit a plan for the control of the designated pollutant. Subpart B of 
40 CFR part 60 establishes procedures to be followed and requirements 
to be met in the development and submission of state plans for 
controlling designated pollutants from designated facilities under 
sections 111(d) and 129 of the CAA. Also, Subpart A of 40 CFR part 62 
provides the procedural framework for the submission of these plans.
    If a state fails to submit a satisfactory plan, the CAA provides 
the EPA the authority to prescribe a plan for regulating the designated 
pollutants at the designated facilities. The EPA prescribed plan, also 
known as a federal plan, is often delegated to states with designated 
facilities but no EPA approved state-specific plan. If no such 
designated facilities exist within a state's jurisdiction, a state may 
submit to the EPA a letter of certification to that effect (referred to 
as a negative declaration) in lieu of a state plan to satisfy the 
state's obligation. 40 CFR 60.23(b) and 62.06. A negative declaration 
exempts the state from the requirement to submit a CAA section 111(d)/
section 129 plan for that designated pollutant and source category. 40 
CFR 60.23(b).

II. Commercial and Industrial Solid Waste Incinerators

    On December 1, 2000 (60 FR 75338), the EPA promulgated new source 
performance standards for new CISWI units, 40 CFR part 60, subpart 
CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60, 
subpart DDDD. After a series of legal challenges, amendments, and 
reconsiderations, the EPA promulgated the Reconsideration and Final 
Amendments for CISWI units on February 7, 2013 (78 FR 9112) (providing 
final standards for new and existing sources). A CISWI unit is any 
distinct operating unit of any commercial or industrial facility that 
combusts, or has combusted in the preceding six months, any solid 
waste, as that term is defined in 40 CFR part 241, Solid Wastes Used as 
Fuels or Ingredients in Combustion Units. 40 CFR 60.2875. A state plan 
must address all existing CISWI units that commenced construction on or 
before June 4, 2010, or for which modification or reconstruction was 
commenced on or before August 7, 2013, with limited exceptions as 
provided in 40 CFR 60.2555. See 40 CFR 60.2550.
    As discussed previously, if there are no designated facilities in 
the state, the state may submit a negative declaration in lieu of a 
state plan. The EPA will provide public notice of receipt of a state's 
negative declaration with respect to CISWI. See 40 CFR 60.2530. If any 
subsequently identified existing CISWI unit is found in a state that 
had submitted a negative declaration, the Federal plan implementing the 
emission guidelines for subpart DDDD would automatically apply to that 
CISWI unit until a state plan is approved. See 40 CFR 60.2530.

III. State Submittals and EPA Analysis

    The State of Delaware, through the Department of Natural Resources 
& Environmental Control (DNREC), the District of Columbia District 
through the Department of Energy & Environment (DDOEE), and the City of 
Philadelphia through the Department of Public Health, Air Management 
Services in the Commonwealth of Pennsylvania (Philadelphia AMS) have 
determined that there are no CISWI units subject to CAA 111(d)/129 
requirements in their respective jurisdictional boundaries. 
Accordingly, each state and local agency has submitted to EPA a 
negative declaration letter certifying this fact. DNREC submitted a 
negative declaration letter to EPA on January 7, 2014. DDOEE submitted 
a negative declaration letter to EPA on November 8, 2013. Philadelphia 
AMS submitted a negative declaration letter to EPA on March 4, 2015. A 
typographical error in the letter was noted and clarified by 
Philadelphia AMS in an email on February 4, 2016. These negative 
declaration letters and a copy of the February 4, 2016 email are in the 
docket for this action and are available online at https://www.regulations.gov. A description of the states' submittals and EPA's 
rationale for the approval is also set forth in a technical support 
document for this action. Supporting documentation, including the 
technical support document, for this action is available in the docket 
for this rulemaking and available online at https://www.regulations.gov.

IV. Final Action

    In this direct final action, EPA is amending 40 CFR part 62 to 
reflect the receipt of negative declaration letters from the noted 
state and local agencies. EPA accepts these negative declarations as 
meeting the requirements in paragraph 40 CFR 60.23(b). Amendments are 
being made to 40 CFR part 62, subparts I (Delaware), J (District of 
Columbia), and NN (Pennsylvania). With respect to subpart NN, this 
action is only applicable to the City of Philadelphia air pollution 
control agency's jurisdiction; it does not include the remaining 
geographical areas in the Commonwealth of Pennsylvania. EPA is 
providing notice of receipt of these negative declarations.
    After publication of this Federal Register action, if a designated 
facility (i.e., existing CISWI unit) is later found within any of the 
three noted jurisdictions, then the overlooked facility will become 
subject to the requirements of the federal plan for CISWI units for 
that designated facility, including the compliance schedule, when 
promulgated by EPA. See 40 CFR 60.2530. The federal plan would no 
longer apply if EPA subsequently receives and approves a section 
111(d)/129 plan from the jurisdiction with the overlooked CISWI 
facility.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the action if adverse comments are filed. This rule 
will be effective on June 30, 2017 without further notice unless EPA 
receives adverse comment by May 31, 2017. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely notifies the public of EPA receipt of negative declarations from 
air pollution control agencies without any existing CISWI units within 
their jurisdictional boundaries. This action imposes no requirements. 
Accordingly, EPA certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
does not impose any additional enforceable duty beyond that required by 
state law, it does not contain any

[[Page 20278]]

unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4). This action also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves the negative 
declarations for existing CISWI units from DNREC, DDOEE and 
Philadelphia AMS. The action does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This action also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. This action 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).
    With regard to negative declarations for designated facilities 
received by EPA from states, EPA's role is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. This action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    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. 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).

C. Petitions for Judicial Review

    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 June 30, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action approving negative declarations for 
existing CISWI units from DNREC, DDOEE and Philadelphia AMS 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, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

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.

Subpart I--Delaware

0
2. Revise Sec.  62.1985 to read as follows:


Sec.  62.1985  Identification of plan--negative declaration.

    (a) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted November 16, 2001, certifying that 
there are no existing commercial/industrial solid waste incineration 
units within the State of Delaware that are subject to 40 CFR part 60, 
subpart DDDD.
    (b) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted January 7, 2014, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the State of Delaware that are subject to 40 CFR part 60, 
subpart DDDD.

Subpart J--District of Columbia

0
3. Revise Sec.  62.2155 to read as follows:


Sec.  62.2155  Identification of plan--negative declaration.

    (a) Letter from the District of Columbia Department of Health, 
Environmental Health Administration, submitted November 27, 2001, 
certifying that there are no existing commercial/industrial solid waste 
incineration units within the District of Columbia that are subject to 
40 CFR part 60, subpart DDDD.
    (b) Letter from the District of Columbia, District Department of 
Energy & Environment, submitted November 8, 2013, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the District of Columbia that are subject to 40 CFR part 60, 
subpart DDDD.

Subpart NN--Pennsylvania

0
4. Revise Sec.  62.9670 to read as follows:


Sec.  62.9670  Identification of plan--negative declaration.

    (a) Letter from the City of Philadelphia, Department of Public 
Health, submitted February 9, 2001, certifying that there are no 
existing commercial/industrial solid waste incineration units within 
the City of Philadelphia, Pennsylvania that are subject to 40 CFR part 
60, subpart DDDD.
    (b) Letter from the City of Philadelphia, Department of Public 
Health, submitted March 4, 2015, as amended February 4, 2016, 
certifying that there are no existing commercial/industrial solid waste 
incineration units within the City of Philadelphia, Pennsylvania that 
are subject to 40 CFR part 60, subpart DDDD.

[FR Doc. 2017-08657 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P



                                                20276                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                be inconsistent with the Clean Air Act;                 List of Subjects in 40 CFR Part 52                    the City of Philadelphia in the
                                                and                                                       Environmental protection, Air                       Commonwealth of Pennsylvania. EPA is
                                                   • Does not provide EPA with the                      pollution control, Incorporation by                   accepting the negative declarations in
                                                discretionary authority to address, as                  reference, Intergovernmental relations,               accordance with the requirements of the
                                                appropriate, disproportionate human                     Nitrogen dioxide, Ozone, Particulate                  CAA.
                                                health or environmental effects, using                  matter, Reporting and recordkeeping                   DATES: This rule is effective on June 30,
                                                practicable and legally permissible                     requirements, Sulfur oxides.                          2017 without further notice, unless EPA
                                                methods, under Executive Order 12898                                                                          receives adverse written comment by
                                                                                                          Dated: March 23, 2017.
                                                (59 FR 7629, February 16, 1994).                                                                              May 31, 2017. If EPA receives such
                                                                                                        Deborah A. Szaro,                                     comments, it will publish a timely
                                                   In addition, the SIP is not approved                 Acting Regional Administrator, EPA New                withdrawal of the direct final rule in the
                                                to apply on any Indian reservation land                 England.                                              Federal Register and inform the public
                                                or in any other area where EPA or an                                                                          that the rule will not take effect.
                                                Indian tribe has demonstrated that a                      Part 52 of chapter I, title 40 of the
                                                                                                        Code of Federal Regulations is amended                ADDRESSES: Submit your comments,
                                                tribe has jurisdiction. In those areas of
                                                Indian country, the rule does not have                  as follows:                                           identified by Docket ID No. EPA–R03–
                                                tribal implications and will not impose                                                                       OAR–2016–0081 at https://
                                                                                                        PART 52—APPROVAL AND                                  www.regulations.gov, or via email to
                                                substantial direct costs on tribal                      PROMULGATION OF
                                                governments or preempt tribal law as                                                                          miller.linda@epa.gov. For comments
                                                                                                        IMPLEMENTATION PLANS                                  submitted at Regulations.gov, follow the
                                                specified by Executive Order 13175 (65
                                                FR 67249, November 9, 2000).                                                                                  online instructions for submitting
                                                                                                        ■ 1. The authority citation for part 52               comments. Once submitted, comments
                                                   The Congressional Review Act, 5                      continues to read as follows:                         cannot be edited or removed from
                                                U.S.C. 801 et seq., as added by the Small                   Authority: 42 U.S.C. 7401 et seq.                 Regulations.gov. For either manner of
                                                Business Regulatory Enforcement                                                                               submission, EPA may publish any
                                                Fairness Act of 1996, generally provides                Subpart OO—Rhode Island                               comment received to its public docket.
                                                that before a rule may take effect, the                                                                       Do not submit electronically any
                                                                                                        § 52.2070    [Amended]
                                                agency promulgating the rule must                                                                             information you consider to be
                                                submit a rule report, which includes a                  ■ 2. In § 52.2070, in the table in                    confidential business information (CBI)
                                                copy of the rule, to each House of the                  paragraph (c), remove the entry ‘‘Air                 or other information whose disclosure is
                                                Congress and to the Comptroller General                 Pollution Control Regulation 41’’.                    restricted by statute. Multimedia
                                                of the United States. EPA will submit a                 [FR Doc. 2017–08655 Filed 4–28–17; 8:45 am]           submissions (audio, video, etc.) must be
                                                report containing this action and other                 BILLING CODE 6560–50–P                                accompanied by a written comment.
                                                required information to the U.S. Senate,                                                                      The written comment is considered the
                                                the U.S. House of Representatives, and                                                                        official comment and should include
                                                the Comptroller General of the United                   ENVIRONMENTAL PROTECTION                              discussion of all points you wish to
                                                States prior to publication of the rule in              AGENCY                                                make. EPA will generally not consider
                                                the Federal Register. A major rule                                                                            comments or comment contents located
                                                cannot take effect until 60 days after it               40 CFR Part 62
                                                                                                                                                              outside of the primary submission (i.e.
                                                is published in the Federal Register.                   [EPA–R03–OAR–2016–0081; FRL–9961–23–                  on the web, cloud, or other file sharing
                                                This action is not a ‘‘major rule’’ as                  Region 3]                                             system). For additional submission
                                                defined by 5 U.S.C. 804(2).                                                                                   methods, please contact the person
                                                   Under section 307(b)(1) of the Clean                 Approval and Promulgation of State                    identified in the FOR FURTHER
                                                Air Act, petitions for judicial review of               Air Quality Plans for Designated                      INFORMATION CONTACT section. For the
                                                this action must be filed in the United                 Facilities and Pollutants; State of                   full EPA public comment policy,
                                                States Court of Appeals for the                         Delaware, District of Columbia, and                   information about CBI or multimedia
                                                appropriate circuit by June 30, 2017.                   Commonwealth of Pennsylvania, City                    submissions, and general guidance on
                                                Filing a petition for reconsideration by                of Philadelphia; Control of Emissions                 making effective comments, please visit
                                                the Administrator of this final rule does               From Existing Commercial and                          http://www2.epa.gov/dockets/
                                                not affect the finality of this action for              Industrial Solid Waste Incinerator Units              commenting-epa-dockets.
                                                the purposes of judicial review nor does                AGENCY: Environmental Protection                      FOR FURTHER INFORMATION CONTACT:
                                                it extend the time within which a                       Agency (EPA).                                         Mary Cate Opila, (215) 814–2041, or by
                                                petition for judicial review may be filed,              ACTION: Direct final rule.                            email at opila.marycate@epa.gov.
                                                and shall not postpone the effectiveness                                                                      SUPPLEMENTARY INFORMATION:
                                                of such rule or action. Parties with                    SUMMARY:   The Environmental Protection
                                                objections to this direct final rule are                Agency (EPA) is taking direct final                   I. Background
                                                encouraged to file a comment in                         action to notify the public that it has                  Sections 111(d) and 129 of the CAA
                                                response to the parallel notice of                      received negative declarations relating               require submittal of state plans to
                                                proposed rulemaking for this action                     to commercial and industrial solid                    control certain pollutants (designated
                                                published in the proposed rules section                 waste incineration (CISWI) units within               pollutants) at existing solid waste
                                                of today’s Federal Register, rather than                the State of Delaware, the District of                combustor facilities (designated
                                                file an immediate petition for judicial                 Columbia, and the City of Philadelphia                facilities) whenever standards of
mstockstill on DSK30JT082PROD with RULES




                                                review of this direct final rule, so that               in the Commonwealth of Pennsylvania.                  performance have been established by
                                                EPA can withdraw this direct final rule                 These negative declarations certify that              EPA under section 111(b) for new
                                                and address the comment in the                          CISWI units subject to the requirements               sources of the same source category and
                                                proposed rulemaking. This action may                    of sections 111(d) and 129 of the Clean               the EPA has established emission
                                                not be challenged later in proceedings to               Air Act (CAA) do not exist within the                 guidelines for such existing sources.
                                                enforce its requirements. (See section                  jurisdictional boundaries of the State of             When designated facilities are located in
                                                307(b)(2)).                                             Delaware, the District of Columbia, and               a state, the state must then develop and


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                                                                      Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations                                           20277

                                                submit a plan for the control of the                    to CISWI. See 40 CFR 60.2530. If any                  providing notice of receipt of these
                                                designated pollutant. Subpart B of 40                   subsequently identified existing CISWI                negative declarations.
                                                CFR part 60 establishes procedures to be                unit is found in a state that had                        After publication of this Federal
                                                followed and requirements to be met in                  submitted a negative declaration, the                 Register action, if a designated facility
                                                the development and submission of                       Federal plan implementing the emission                (i.e., existing CISWI unit) is later found
                                                state plans for controlling designated                  guidelines for subpart DDDD would                     within any of the three noted
                                                pollutants from designated facilities                   automatically apply to that CISWI unit                jurisdictions, then the overlooked
                                                under sections 111(d) and 129 of the                    until a state plan is approved. See 40                facility will become subject to the
                                                CAA. Also, Subpart A of 40 CFR part 62                  CFR 60.2530.                                          requirements of the federal plan for
                                                provides the procedural framework for                                                                         CISWI units for that designated facility,
                                                the submission of these plans.                          III. State Submittals and EPA Analysis                including the compliance schedule,
                                                   If a state fails to submit a satisfactory               The State of Delaware, through the                 when promulgated by EPA. See 40 CFR
                                                plan, the CAA provides the EPA the                      Department of Natural Resources &                     60.2530. The federal plan would no
                                                authority to prescribe a plan for                       Environmental Control (DNREC), the                    longer apply if EPA subsequently
                                                regulating the designated pollutants at                 District of Columbia District through the             receives and approves a section 111(d)/
                                                the designated facilities. The EPA                      Department of Energy & Environment                    129 plan from the jurisdiction with the
                                                prescribed plan, also known as a federal                (DDOEE), and the City of Philadelphia                 overlooked CISWI facility.
                                                plan, is often delegated to states with                 through the Department of Public                         EPA is publishing this rule without
                                                designated facilities but no EPA                        Health, Air Management Services in the                prior proposal because EPA views this
                                                approved state-specific plan. If no such                Commonwealth of Pennsylvania                          as a noncontroversial amendment and
                                                designated facilities exist within a                    (Philadelphia AMS) have determined                    anticipates no adverse comment.
                                                state’s jurisdiction, a state may submit                that there are no CISWI units subject to              However, in the ‘‘Proposed Rules’’
                                                to the EPA a letter of certification to that            CAA 111(d)/129 requirements in their                  section of today’s Federal Register, EPA
                                                effect (referred to as a negative                       respective jurisdictional boundaries.                 is publishing a separate document that
                                                declaration) in lieu of a state plan to                 Accordingly, each state and local agency              will serve as the proposal to approve the
                                                satisfy the state’s obligation. 40 CFR                  has submitted to EPA a negative                       action if adverse comments are filed.
                                                60.23(b) and 62.06. A negative                          declaration letter certifying this fact.              This rule will be effective on June 30,
                                                declaration exempts the state from the                  DNREC submitted a negative declaration                2017 without further notice unless EPA
                                                requirement to submit a CAA section                     letter to EPA on January 7, 2014. DDOEE               receives adverse comment by May 31,
                                                111(d)/section 129 plan for that                                                                              2017. If EPA receives adverse comment,
                                                                                                        submitted a negative declaration letter
                                                designated pollutant and source                                                                               EPA will publish a timely withdrawal in
                                                                                                        to EPA on November 8, 2013.
                                                category. 40 CFR 60.23(b).                                                                                    the Federal Register informing the
                                                                                                        Philadelphia AMS submitted a negative
                                                II. Commercial and Industrial Solid                     declaration letter to EPA on March 4,                 public that the rule will not take effect.
                                                Waste Incinerators                                      2015. A typographical error in the letter             EPA will address all public comments
                                                                                                        was noted and clarified by Philadelphia               in a subsequent final rule based on the
                                                   On December 1, 2000 (60 FR 75338),                                                                         proposed rule. EPA will not institute a
                                                the EPA promulgated new source                          AMS in an email on February 4, 2016.
                                                                                                        These negative declaration letters and a              second comment period on this action.
                                                performance standards for new CISWI
                                                                                                        copy of the February 4, 2016 email are                Any parties interested in commenting
                                                units, 40 CFR part 60, subpart CCCC,
                                                                                                        in the docket for this action and are                 must do so at this time.
                                                and emission guidelines for existing
                                                CISWI units, 40 CFR part 60, subpart                    available online at https://                          V. Statutory and Executive Order
                                                DDDD. After a series of legal challenges,               www.regulations.gov. A description of                 Reviews
                                                amendments, and reconsiderations, the                   the states’ submittals and EPA’s
                                                                                                        rationale for the approval is also set                A. General Requirements
                                                EPA promulgated the Reconsideration
                                                and Final Amendments for CISWI units                    forth in a technical support document                    Under Executive Order 12866 (58 FR
                                                on February 7, 2013 (78 FR 9112)                        for this action. Supporting                           51735, October 4, 1993), this action is
                                                (providing final standards for new and                  documentation, including the technical                not a ‘‘significant regulatory action’’ and
                                                existing sources). A CISWI unit is any                  support document, for this action is                  therefore is not subject to review by the
                                                distinct operating unit of any                          available in the docket for this                      Office of Management and Budget. For
                                                commercial or industrial facility that                  rulemaking and available online at                    this reason, this action is also not
                                                combusts, or has combusted in the                       https://www.regulations.gov.                          subject to Executive Order 13211,
                                                preceding six months, any solid waste,                  IV. Final Action                                      ‘‘Actions Concerning Regulations That
                                                as that term is defined in 40 CFR part                                                                        Significantly Affect Energy Supply,
                                                241, Solid Wastes Used as Fuels or                         In this direct final action, EPA is                Distribution, or Use’’ (66 FR 28355, May
                                                Ingredients in Combustion Units. 40                     amending 40 CFR part 62 to reflect the                22, 2001). This action merely notifies
                                                CFR 60.2875. A state plan must address                  receipt of negative declaration letters               the public of EPA receipt of negative
                                                all existing CISWI units that                           from the noted state and local agencies.              declarations from air pollution control
                                                commenced construction on or before                     EPA accepts these negative declarations               agencies without any existing CISWI
                                                June 4, 2010, or for which modification                 as meeting the requirements in                        units within their jurisdictional
                                                or reconstruction was commenced on or                   paragraph 40 CFR 60.23(b).                            boundaries. This action imposes no
                                                before August 7, 2013, with limited                     Amendments are being made to 40 CFR                   requirements. Accordingly, EPA
                                                exceptions as provided in 40 CFR                        part 62, subparts I (Delaware), J (District           certifies that this rule will not have a
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                                                60.2555. See 40 CFR 60.2550.                            of Columbia), and NN (Pennsylvania).                  significant economic impact on a
                                                   As discussed previously, if there are                With respect to subpart NN, this action               substantial number of small entities
                                                no designated facilities in the state, the              is only applicable to the City of                     under the Regulatory Flexibility Act (5
                                                state may submit a negative declaration                 Philadelphia air pollution control                    U.S.C. 601 et seq.). Because this action
                                                in lieu of a state plan. The EPA will                   agency’s jurisdiction; it does not include            does not impose any additional
                                                provide public notice of receipt of a                   the remaining geographical areas in the               enforceable duty beyond that required
                                                state’s negative declaration with respect               Commonwealth of Pennsylvania. EPA is                  by state law, it does not contain any


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                                                20278                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                unfunded mandate or significantly or                    the Comptroller General of the United                  § 62.1985 Identification of plan—negative
                                                uniquely affect small governments, as                   States prior to publication of the rule in             declaration.
                                                described in the Unfunded Mandates                      the Federal Register. A major rule                       (a) Letter from the Delaware
                                                Reform Act of 1995 (Pub. L. 104–4).                     cannot take effect until 60 days after it              Department of Natural Resources and
                                                This action also does not have tribal                   is published in the Federal Register.                  Environmental Control submitted
                                                implications because it will not have a                 This action is not a ‘‘major rule’’ as                 November 16, 2001, certifying that there
                                                substantial direct effect on one or more                defined by 5 U.S.C. 804(2).                            are no existing commercial/industrial
                                                Indian tribes, on the relationship                                                                             solid waste incineration units within
                                                between the Federal Government and                      C. Petitions for Judicial Review                       the State of Delaware that are subject to
                                                Indian tribes, or on the distribution of                                                                       40 CFR part 60, subpart DDDD.
                                                                                                           Under section 307(b)(1) of the CAA,
                                                power and responsibilities between the                                                                           (b) Letter from the Delaware
                                                                                                        petitions for judicial review of this
                                                Federal Government and Indian tribes,                                                                          Department of Natural Resources and
                                                as specified by Executive Order 13175                   action must be filed in the United States
                                                                                                        Court of Appeals for the appropriate                   Environmental Control submitted
                                                (65 FR 67249, November 9, 2000). This                                                                          January 7, 2014, certifying that there are
                                                action also does not have federalism                    circuit by June 30, 2017. Filing a
                                                                                                        petition for reconsideration by the                    no existing commercial/industrial solid
                                                implications because it does not have                                                                          waste incineration units within the
                                                substantial direct effects on the States,               Administrator of this final rule does not
                                                                                                                                                               State of Delaware that are subject to 40
                                                on the relationship between the national                affect the finality of this action for the
                                                                                                                                                               CFR part 60, subpart DDDD.
                                                government and the States, or on the                    purposes of judicial review nor does it
                                                distribution of power and                               extend the time within which a petition                Subpart J—District of Columbia
                                                responsibilities among the various                      for judicial review may be filed, and
                                                levels of government, as specified in                   shall not postpone the effectiveness of                ■   3. Revise § 62.2155 to read as follows:
                                                Executive Order 13132 (64 FR 43255,                     such rule or action. Parties with
                                                                                                        objections to this direct final rule are               § 62.2155 Identification of plan—negative
                                                August 10, 1999). This action merely                                                                           declaration.
                                                approves the negative declarations for                  encouraged to file a comment in
                                                existing CISWI units from DNREC,                        response to the parallel notice of                       (a) Letter from the District of
                                                DDOEE and Philadelphia AMS. The                         proposed rulemaking for this action                    Columbia Department of Health,
                                                action does not alter the relationship or               published in the proposed rules section                Environmental Health Administration,
                                                the distribution of power and                           of today’s Federal Register, rather than               submitted November 27, 2001,
                                                responsibilities established in the Clean               file an immediate petition for judicial                certifying that there are no existing
                                                Air Act. This action also is not subject                review of this direct final rule, so that              commercial/industrial solid waste
                                                to Executive Order 13045 ‘‘Protection of                EPA can withdraw this direct final rule                incineration units within the District of
                                                Children from Environmental Health                      and address the comment in the                         Columbia that are subject to 40 CFR part
                                                Risks and Safety Risks’’ (62 FR 19885,                  proposed rulemaking action. This action                60, subpart DDDD.
                                                April 23, 1997), because it is not                      approving negative declarations for                      (b) Letter from the District of
                                                economically significant. This action                   existing CISWI units from DNREC,                       Columbia, District Department of Energy
                                                does not provide EPA with the                           DDOEE and Philadelphia AMS may not                     & Environment, submitted November 8,
                                                discretionary authority to address, as                  be challenged later in proceedings to                  2013, certifying that there are no
                                                appropriate, disproportionate human                     enforce its requirements. (See section                 existing commercial/industrial solid
                                                health or environmental effects, using                  307(b)(2).)                                            waste incineration units within the
                                                practicable and legally permissible                                                                            District of Columbia that are subject to
                                                methods, under Executive Order 12898                    List of Subjects in 40 CFR Part 62                     40 CFR part 60, subpart DDDD.
                                                (59 FR 7629, February 16, 1994).
                                                   With regard to negative declarations                   Environmental protection,                            Subpart NN—Pennsylvania
                                                for designated facilities received by EPA               Administrative practice and procedure,
                                                from states, EPA’s role is to notify the                Air pollution control, Commercial and                  ■   4. Revise § 62.9670 to read as follows:
                                                public of the receipt of such negative                  industrial solid waste incineration
                                                                                                                                                               § 62.9670 Identification of plan—negative
                                                declarations and revise 40 CFR part 62                  units, Incorporation by reference,
                                                                                                                                                               declaration.
                                                accordingly. This action does not                       Intergovernmental relations, Reporting
                                                                                                        and recordkeeping requirements.                          (a) Letter from the City of
                                                impose an information collection                                                                               Philadelphia, Department of Public
                                                burden under the provisions of the                        Dated: March 21, 2017.                               Health, submitted February 9, 2001,
                                                Paperwork Reduction Act of 1995 (44                     Cecil Rodrigues,                                       certifying that there are no existing
                                                U.S.C. 3501 et seq.).
                                                                                                        Acting Regional Administrator, Region III.             commercial/industrial solid waste
                                                B. Submission to Congress and the                                                                              incineration units within the City of
                                                Comptroller General                                           40 CFR part 62 is amended as follows:            Philadelphia, Pennsylvania that are
                                                  The Congressional Review Act, 5                                                                              subject to 40 CFR part 60, subpart
                                                                                                        PART 62—APPROVAL AND                                   DDDD.
                                                U.S.C. 801 et seq., as added by the Small
                                                                                                        PROMULGATION OF STATE PLANS                              (b) Letter from the City of
                                                Business Regulatory Enforcement
                                                                                                        FOR DESIGNATED FACILITIES AND                          Philadelphia, Department of Public
                                                Fairness Act of 1996, generally provides
                                                                                                        POLLUTANTS                                             Health, submitted March 4, 2015, as
                                                that before a rule may take effect, the
                                                agency promulgating the rule must                                                                              amended February 4, 2016, certifying
                                                                                                        ■ 1. The authority citation for part 62                that there are no existing commercial/
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                                                submit a rule report, which includes a
                                                copy of the rule, to each House of the                  continues to read as follows:                          industrial solid waste incineration units
                                                Congress and to the Comptroller General                     Authority: 42 U.S.C. 7401 et seq.                  within the City of Philadelphia,
                                                of the United States. EPA will submit a                                                                        Pennsylvania that are subject to 40 CFR
                                                report containing this action and other                 Subpart I—Delaware                                     part 60, subpart DDDD.
                                                required information to the U.S. Senate,                                                                       [FR Doc. 2017–08657 Filed 4–28–17; 8:45 am]
                                                the U.S. House of Representatives, and                  ■   2. Revise § 62.1985 to read as follows:            BILLING CODE 6560–50–P




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Document Created: 2017-04-29 03:16:25
Document Modified: 2017-04-29 03:16:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on June 30, 2017 without further notice, unless EPA receives adverse written comment by May 31, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactMary Cate Opila, (215) 814-2041, or by email at [email protected]
FR Citation82 FR 20276 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Commercial and Industrial Solid Waste Incineration Units; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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