82 FR 47398 - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47398-47400 | |
| FR Document | 2017-22129 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Rules and Regulations] [Pages 47398-47400] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22129] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R03-OAR-2017-0453; FRL-9969-45--Region 3] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: EPA is taking direct final action to notify the public that it has received a negative declaration for hospital/medical/infectious waste incinerator (HMIWI) units within the City of Philadelphia. This negative declaration certifies that HMIWI 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 Philadelphia Air Management Service (AMS). EPA is accepting the negative declaration in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 11, 2017 without further notice, unless EPA receives adverse written comment by November 13, 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 Number EPA- R03-OAR-2017-0453 at http://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: Mike Gordon, (215) 814-2039, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Sections 111(d) and 129 of the CAA require states to submit plans to control certain pollutants (designated pollutants) at existing solid waste combustor facilities (designated facilities) whenever standards of performance have been established under section 111(b) for new sources of the same type, and EPA has established emission guidelines (EG) for such existing sources. A designated pollutant is any pollutant for which no air quality criteria have been issued, and which is not included on a list published under section 108(a) or section 112(b)(1)(A) of the CAA, but emissions of which are subject to a standard of performance for new stationary sources. On October 6, 2009 (74 FR 51368), EPA promulgated HMIWI unit new source performance standards, 40 CFR part 60, subpart Ec, and emission guidelines, subpart Ce. These regulations were amended in an April 4, 2011 final rule (76 FR 18407). The designated facilities to which the EG apply are existing HMIWI units that: (1) Commenced construction on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or (2) commenced construction after June 20, 1996 but no later than December 1, 2008, or for which modification commenced after March 16, 1998 but no later than April 6, 2010, with limited [[Page 47399]] exceptions as provided in paragraphs 40 CFR 60.32e(b) through (h). 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. Also, 40 CFR part 62 provides the procedural framework for the submission of these plans. When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutant. However, 40 CFR 60.23(b) and 62.06 provide that if there are no existing sources of the designated pollutant in the state, the state may submit a letter of certification to that effect (i.e., negative declaration) in lieu of a plan. The negative declaration exempts the state from the requirements of subpart B that require the submittal of a 111(d)/129 plan. II. State Submittal and EPA Analysis Philadelphia AMS has determined that there are no HMIWI units subject to the requirements of Sections 111(d) and 129 of the CAA in its respective air pollution control jurisdiction. Accordingly, Philadelphia AMS submitted a negative declaration letter to EPA certifying this fact on August 2, 2011. The negative declaration letter and EPA's technical support document for this action are available in the docket for this the docket for this rulemaking and available online at www.regulations.gov. III. Final Action In this direct final action, EPA is amending part 62 to reflect receipt of the negative declaration letter from Philadelphia AMS. 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 this Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 11, 2017 without further notice unless EPA receives adverse comment by November 13, 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. IV. 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 a negative declaration from an air pollution control agency without any existing HMIWI units in their jurisdiction. 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 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 declaration for existing HMIWI units from the Philadelphia AMS and 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. 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. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to approve or disapprove a CAA section 111(d)/129 plan negative declaration submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a CAA section 111(d)/129 negative declaration, to use VCS in place of a section 111(d)/129 negative declaration that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 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 December 11, 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 this 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 [[Page 47400]] and address the comment in the proposed rulemaking. This action approving a negative declaration submitted by Philadelphia AMS for HMIWI units 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, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal. Dated: September 19, 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 NN--Pennsylvania 0 2. Add Sec. 62.9663 to read as follows: Sec. 62.9663 Identification of plan--negative declaration. Letter from the City of Philadelphia, Department of Public Health, submitted August 2, 2011, certifying that there are no existing hospital/medical/infectious waste incinerator units within the City of Philadelphia, Pennsylvania that are subject to 40 CFR part 60, subpart Ce. [FR Doc. 2017-22129 Filed 10-11-17; 8:45 am] BILLING CODE 6560-50-P
![47398 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION: On August requirements, Sulfur oxides, Volatile comment received to its public docket.
24, 2017 (82 FR 40072), EPA published organic compounds. Do not submit electronically any
a direct final rule approving a SIP Dated: September 29, 2017. information you consider to be
revision submitted by the State of Onis ‘‘Trey’’ Glenn, III, confidential business information (CBI)
Alabama, through the Alabama Regional Administrator, Region 4.
or other information whose disclosure is
Department of Environmental restricted by statute. Multimedia
Management (ADEM). EPA took a direct ■ Accordingly, the amendments to 40 submissions (audio, video, etc.) must be
final action to approve the portions of CFR 52.50(c) published on August 24, accompanied by a written comment.
the May 7, 2012, submission that made 2017 (82 FR 40072), which was to The written comment is considered the
changes to ADEM Administrative Code become effective October 23, 2017, is official comment and should include
Rule 335–3–14–.04—‘‘Air Permits withdrawn. discussion of all points you wish to
Authorizing Construction in Clean Air [FR Doc. 2017–21940 Filed 10–11–17; 8:45 am] make. EPA will generally not consider
Areas [Prevention of Significant BILLING CODE 6560–50–P comments or comment contents located
Deterioration Permitting (PSD)].’’ In outside of the primary submission (i.e.
particular, the revision adds a definition on the web, cloud, or other file sharing
of ‘‘replacement unit’’ and provides that ENVIRONMENTAL PROTECTION system). For additional submission
a replacement unit is a type of existing AGENCY methods, please contact the person
unit under the definition of ‘‘emissions identified in the FOR FURTHER
40 CFR Part 62
unit,’’ consistent with Federal INFORMATION CONTACT section. For the
regulations. [EPA–R03–OAR–2017–0453; FRL–9969– full EPA public comment policy,
In the direct final rule, EPA explained 45—Region 3] information about CBI or multimedia
that the Agency was publishing the rule submissions, and general guidance on
Approval and Promulgation of State making effective comments, please visit
without prior proposal because the
Air Quality Plans for Designated http://www2.epa.gov/dockets/
Agency viewed the submittal as a non-
Facilities and Pollutants; City of commenting-epa-dockets.
controversial SIP amendment and Philadelphia; Control of Emissions
anticipated no adverse comments. From Existing Hospital/Medical/ FOR FURTHER INFORMATION CONTACT:
Further, EPA explained that the Agency Infectious Waste Incinerator Units Mike Gordon, (215) 814–2039, or by
was publishing a separate document in email at gordon.mike@epa.gov.
the proposed rules section of the AGENCY: Environmental Protection
Federal Register to serve as the proposal Agency (EPA). SUPPLEMENTARY INFORMATION:
to approve the SIP revision should an ACTION: Direct final rule. I. Background
adverse comment be filed. EPA also
noted that the rule would be effective SUMMARY: EPA is taking direct final Sections 111(d) and 129 of the CAA
generally 30 days after the close of the action to notify the public that it has require states to submit plans to control
public comment period, without further received a negative declaration for certain pollutants (designated
notice unless the Agency received hospital/medical/infectious waste pollutants) at existing solid waste
adverse comment by the close of the incinerator (HMIWI) units within the combustor facilities (designated
public comment period. EPA explained City of Philadelphia. This negative facilities) whenever standards of
that if the Agency received such declaration certifies that HMIWI units performance have been established
comments, then EPA would publish a subject to the requirements of sections under section 111(b) for new sources of
document withdrawing the direct final 111(d) and 129 of the Clean Air Act the same type, and EPA has established
rule and informing the public that the (CAA) do not exist within the emission guidelines (EG) for such
rule would not take effect. It was also jurisdictional boundaries of the existing sources. A designated pollutant
explained that all public comments Philadelphia Air Management Service is any pollutant for which no air quality
received would then be addressed in a (AMS). EPA is accepting the negative criteria have been issued, and which is
subsequent final rule based on the declaration in accordance with the not included on a list published under
proposed rule, and that EPA would not requirements of the Clean Air Act section 108(a) or section 112(b)(1)(A) of
institute a second comment period on (CAA). the CAA, but emissions of which are
this action. DATES: This rule is effective on subject to a standard of performance for
EPA received two adverse comments December 11, 2017 without further new stationary sources.
on the aforementioned rule. As a result notice, unless EPA receives adverse On October 6, 2009 (74 FR 51368),
of these comments received, EPA is written comment by November 13, EPA promulgated HMIWI unit new
withdrawing the direct final rule 2017. If EPA receives such comments, it source performance standards, 40 CFR
approving the aforementioned changes will publish a timely withdrawal of the part 60, subpart Ec, and emission
to the Alabama SIPs. EPA will address direct final rule in the Federal Register guidelines, subpart Ce. These
the comments in a separate final action and inform the public that the rule will regulations were amended in an April 4,
based on the proposed action also not take effect. 2011 final rule (76 FR 18407).
published on August 24, 2017 (82 FR ADDRESSES: Submit your comments, The designated facilities to which the
40085). EPA will not open a second identified by Docket ID Number EPA– EG apply are existing HMIWI units that:
comment period for this action. R03–OAR–2017–0453 at http:// (1) Commenced construction on or
www.regulations.gov, or via email to before June 20, 1996, or for which
List of Subjects in 40 CFR Part 52
jstallworth on DSKBBY8HB2PROD with RULES
aquino.marcos@epa.gov. For comments modification was commenced on or
Environmental protection, Air submitted at Regulations.gov, follow the before March 16, 1998; or (2)
pollution control, Carbon monoxide, online instructions for submitting commenced construction after June 20,
Incorporation by reference, comments. Once submitted, comments 1996 but no later than December 1,
Intergovernmental relations, Lead, cannot be edited or removed from 2008, or for which modification
Nitrogen dioxide, Ozone, Particulate Regulations.gov. For either manner of commenced after March 16, 1998 but no
matter, Reporting and recordkeeping submission, EPA may publish any later than April 6, 2010, with limited
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![47400 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
and address the comment in the that the Commission would publish a audio format), send an email to fcc504@
proposed rulemaking. document in the Federal Register fcc.gov or call the Consumer and
This action approving a negative announcing the effective date of the Governmental Affairs Bureau at (202)
declaration submitted by Philadelphia rule. 418–0530 (voice), (202) 418–0432
AMS for HMIWI units may not be DATES: 47 CFR 90.675, published at 69 (TTY).
challenged later in proceedings to FR 67823, Nov. 22, 2004, is effective Synopsis
enforce its requirements. (See section October 12, 2017.
307(b)(2)). As required by the Paperwork
FOR FURTHER INFORMATION CONTACT: John Reduction Act of 1995 (44 U.S.C. 3507),
List of Subjects in 40 CFR Part 62 A. Evanoff, Policy and Licensing the FCC is notifying the public that it
Division, Public Safety and Homeland received final OMB approval on January
Environmental protection,
Security Bureau at (202) 418–0848 or 27, 2005, for the information collection
Administrative practice and procedure,
john.evanoff@fcc.gov. For additional requirements contained in the
Air pollution control, Intergovernmental information concerning the Paperwork
relations, Reporting and recordkeeping modifications to 47 CFR 90.675.
Reduction Act information collection Under 5 CFR part 1320, an agency
requirements, Waste treatment and requirements, contact Nicole Ongele at
disposal. may not conduct or sponsor a collection
(202) 418–2991. of information unless it displays a
Dated: September 19, 2017. SUPPLEMENTARY INFORMATION: A current, valid OMB Control Number.
Cecil Rodrigues, summary of the 800 MHz Report and No person shall be subject to any
Acting Regional Administrator, Region III. Order was published in the Federal penalty for failing to comply with a
40 CFR part 62 is amended as follows: Register on November 22, 2004, 69 FR collection of information subject to the
67823. The 800 MHz Report and Order Paperwork Reduction Act that does not
PART 62—APPROVAL AND adopted rules designed to abate display a current, valid OMB Control
PROMULGATION OF STATE PLANS interference to public safety entities. Number. The OMB Control Number is
FOR DESIGNATED FACILITIES AND The summary stated that with the 3060–1080.
POLLUTANTS exception of certain rules requiring The foregoing notice is required by
OMB approval, the rules adopted in the the Paperwork Reduction Act of 1995,
■ 1. The authority citation for part 62 800 MHz Report and Order would Public Law 104–13, October 1, 1995,
continues to read as follows: become effective January 21, 2005. With and 44 U.S.C. 3507.
Authority: 42 U.S.C. 7401 et seq. regard to rules requiring OMB approval, The total annual reporting burdens
the Commission stated it will publish a and costs for the respondents are as
Subpart NN—Pennsylvania document in the Federal Register follows:
announcing the effective date of these OMB Control Number: 3060–1080.
■ 2. Add § 62.9663 to read as follows: rules. The information collection OMB Approval Date: January 27,
requirements in §§ 22.972, 22.973, 2005.
§ 62.9663 Identification of plan—negative 90.674, 90.675, 90.676 and 90.677 were OMB Expiration Date: October 31,
declaration. 2017.
approved by OMB under OMB Control
Letter from the City of Philadelphia, No. 3060–1080. In a separate document Title: Improving Public Safety
Department of Public Health, submitted published in the Federal Register on Communications in the 800 MHz Band.
August 2, 2011, certifying that there are February 8, 2005, 70 FR 6762, the Form Number: N/A.
no existing hospital/medical/infectious Commission announced that OMB Respondents: Business or other for
waste incinerator units within the City approved the information collection profit entities; Not-for-profit
of Philadelphia, Pennsylvania that are requirements adopted in the 800 MHz institutions, and State, Local or Tribal
subject to 40 CFR part 60, subpart Ce. Report and Order. On February 8, 2005, governments.
[FR Doc. 2017–22129 Filed 10–11–17; 8:45 am] 70 FR 6761, the Commission announced Number of Respondents and
the effective date of §§ 22.972, 22.973, Responses: 428 respondents; 2,143
BILLING CODE 6560–50–P
90.674, 90.676 and 90.677. However, the responses.
Estimated Time per Response: 0.5
announcement inadvertently omitted to
hours–10 hours (4.5 hours average).
FEDERAL COMMUNICATIONS announce the effective date for the Frequency of Response: On occasion
COMMISSION information collection requirements in reporting requirement and third party
§ 90.675. With publication of the instant disclosure requirement.
47 CFR Part 90 document in the Federal Register, all Obligation to Respond: Required to
rules adopted in the 800 MHz Report obtain or retain benefits. The statutory
[WT Docket No. 02–55, FCC 04–168]
and Order are now effective. If you have authority for this information collection
Improving Public Safety any comments on the burden estimates is contained in 47 U.S.C. 151, 154, 160,
Communications in the 800 MHz Band listed below, or how the Commission 251–254, 303, and 332.
can improve the collections and reduce Total Annual Burden: 7,411 hours.
AGENCY: Federal Communications any burdens caused thereby, please Total Annual Cost: $7,200.
Commission. contact Nicole Ongele, Federal Nature and Extent of Confidentiality:
ACTION: Final rule; announcement of Communications Commission, Room 1– The Commission will work with
effective date. C823, 445 12th Street SW., Washington, respondents to ensure that their
DC 20554. Please include the OMB concerns regarding the confidentiality of
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY: In this document, the Control Number, 3060–1080, in your any proprietary or public safety
Commission announces that the Office correspondence. The Commission will sensitive information are resolved in a
of Management and Budget (OMB) has also accept your comments via email at manner consistent with the
approved, for a period of three years, the PRA@fcc.gov. Commission’s rules. See 47 CFR 0.459.
information collection associated with To request materials in accessible Privacy Act: No impact(s).
§ 90.675. This document is consistent formats for people with disabilities Needs and Uses: The information
with the Report and Order, which stated (Braille, large print, electronic files, sought under §§ 22.972, 22.973, 90.674,
VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47594/page/3.svg)
Document Created: 2018-10-25 10:05:17
Document Modified: 2018-10-25 10:05:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on December 11, 2017 without further notice, unless EPA receives adverse written comment by November 13, 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. | |
| Contact | Mike Gordon, (215) 814-2039, or by email at [email protected] | |
| FR Citation | 82 FR 47398 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
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