82 FR 49511 - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions From Existing Sewage Sludge Incineration Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 206 (October 26, 2017)
Federal Register Volume 82, Issue 206 (October 26, 2017)
| Page Range | 49511-49512 | |
| FR Document | 2017-23229 |
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)] [Rules and Regulations] [Pages 49511-49512] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23229] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R03-OAR-2017-0509; FRL-9969-92-Region 3] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions From Existing Sewage Sludge Incineration Units AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to notify the public that it has received a negative declaration for sewage sludge incineration (SSI) units within the City of Philadelphia. This negative declaration certifies that SSI 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 CAA. DATES: This rule is effective on December 26, 2017 without further notice, unless EPA receives adverse written comment by November 27, 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-2017-0509 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 March 21, 2011 (76 FR 15372), EPA promulgated SSI unit new source performance standards, 40 CFR part 60, subpart LLLL, and emission guidelines, subpart MMMM. The designated facilities to which the EG apply are existing SSI units that: (1) Commenced construction on or before October 14, 2010; (2) that meet the definition of a SSI unit as defined in Sec. 60.5250; and (3) are not exempt under Sec. 60.5065. 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 SSI units subject to the requirements of Sections CAA 111(d) and 129 of the CAA in their respective air pollution control jurisdiction. Accordingly, Philadelphia AMS submitted a negative declaration letter to EPA certifying this fact on March 28, 2012. 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 [[Page 49512]] 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 revision if adverse comments are filed. This rule will be effective on December 26, 2017 without further notice unless EPA receives adverse comment by November 27, 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 SSI 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 SSI 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 26, 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. This action approving a negative declaration submitted by Philadelphia AMS for SSI 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: October 11, 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 an undesignated heading and Sec. [thinsp]62.9665 to subpart NN to read as follows: Emissions From Existing Sewage Sludge Incineration Units Sec. 62.9665 Identification of plan--negative declaration. Letter from the City of Philadelphia, Department of Public Health, submitted March 28, 2012, certifying that there are no existing sewage sludge incineration units within the City of Philadelphia, Pennsylvania that are subject to 40 CFR part 60, subpart Ce. [FR Doc. 2017-23229 Filed 10-25-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49511
NASA, has requested an extension of sewage sludge incineration (SSI) units performance have been established
time for the temporary deviation from within the City of Philadelphia. This under section 111(b) for new sources of
the operating schedule that governs the negative declaration certifies that SSI the same type, and EPA has established
NASA Railroad Bridge (Jay Jay Bridge) units subject to the requirements of emission guidelines (EG) for such
to complete bridge repairs, due to delays sections 111(d) and 129 of the Clean Air existing sources. A designated pollutant
and storm damage related to Hurricane Act (CAA) do not exist within the is any pollutant for which no air quality
Irma. The bridge is a single leaf bascule jurisdictional boundaries of the criteria have been issued, and which is
railroad bridge with a seven foot vertical Philadelphia Air Management Service not included on a list published under
clearance in the closed position. The (AMS). EPA is accepting the negative section 108(a) or section 112(b)(1)(A) of
normal operating schedule for the declaration in accordance with the the CAA, but emissions of which are
bridge is found in 33 CFR 117.261(j). requirements of the CAA. subject to a standard of performance for
The deviation period is from 8 a.m. on DATES: This rule is effective on new stationary sources. On March 21,
September 27, 2017 to 4 p.m. on December 26, 2017 without further 2011 (76 FR 15372), EPA promulgated
October 31, 2017. During this period, notice, unless EPA receives adverse SSI unit new source performance
the bridge is allowed to remain closed written comment by November 27, standards, 40 CFR part 60, subpart
to navigation from 8 a.m. to noon and 2017. If EPA receives such comments, it LLLL, and emission guidelines, subpart
from 1 p.m. to 4 p.m., Monday through will publish a timely withdrawal of the MMMM. The designated facilities to
Friday. direct final rule in the Federal Register which the EG apply are existing SSI
Vessels able to pass through the and inform the public that the rule will units that: (1) Commenced construction
bridge in the closed position may do so not take effect. on or before October 14, 2010; (2) that
at anytime. The bridge will be able to ADDRESSES: Submit your comments, meet the definition of a SSI unit as
open for emergencies and there is no identified by Docket ID Number EPA– defined in § 60.5250; and (3) are not
immediate alternate route for vessels to R03–OAR–2017–0509 at http:// exempt under § 60.5065.
pass. The Coast Guard will also inform Subpart B of 40 CFR part 60
www.regulations.gov, or via email to
the users of the waterways through our establishes procedures to be followed
aquino.marcos@epa.gov. For comments
Local and Broadcast Notices to Mariners and requirements to be met in the
submitted at Regulations.gov, follow the
of the change in operating schedule for development and submission of state
online instructions for submitting
the bridge so that vessel operators can plans for controlling designated
comments. Once submitted, comments
arrange their transits to minimize any pollutants. Also, 40 CFR part 62
cannot be edited or removed from
impact caused by the temporary provides the procedural framework for
Regulations.gov. For either manner of
deviation. the submission of these plans. When
submission, EPA may publish any
In accordance with 33 CFR 117.35(e), designated facilities are located in a
comment received to its public docket.
the drawbridge must return to its regular state, the state must then develop and
Do not submit electronically any submit a plan for the control of the
operating schedule immediately at the information you consider to be
end of the effective period of this designated pollutant. However, 40 CFR
confidential business information (CBI) 60.23(b) and 62.06 provide that if there
temporary deviation. This deviation or other information whose disclosure is
from the operating regulations is are no existing sources of the designated
restricted by statute. Multimedia pollutant in the state, the state may
authorized under 33 CFR 117.35. submissions (audio, video, etc.) must be submit a letter of certification to that
Dated: September 27, 2017. accompanied by a written comment. effect (i.e., negative declaration) in lieu
Barry L. Dragon, The written comment is considered the of a plan. The negative declaration
Director, Bridge Branch, Seventh Coast Guard official comment and should include exempts the state from the requirements
District. discussion of all points you wish to of subpart B that require the submittal
[FR Doc. 2017–23322 Filed 10–25–17; 8:45 am] make. EPA will generally not consider of a 111(d)/129 plan.
BILLING CODE 9110–04–P
comments or comment contents located
outside of the primary submission (i.e. II. State Submittal and EPA Analysis
on the Web, cloud, or other file sharing Philadelphia AMS has determined
system). For additional submission that there are no SSI units subject to the
ENVIRONMENTAL PROTECTION methods, please contact the person
AGENCY requirements of Sections CAA 111(d)
identified in the FOR FURTHER and 129 of the CAA in their respective
40 CFR Part 62 INFORMATION CONTACT section. For the air pollution control jurisdiction.
full EPA public comment policy, Accordingly, Philadelphia AMS
[EPA–R03–OAR–2017–0509; FRL–9969–92– information about CBI or multimedia submitted a negative declaration letter
Region 3] submissions, and general guidance on to EPA certifying this fact on March 28,
making effective comments, please visit 2012. The negative declaration letter
Approval and Promulgation of State
http://www2.epa.gov/dockets/ and EPA’s technical support document
Air Quality Plans for Designated
commenting-epa-dockets. for this action are available in the
Facilities and Pollutants; City of
FOR FURTHER INFORMATION CONTACT: docket for this the docket for this
Philadelphia; Control of Emissions
From Existing Sewage Sludge Mike Gordon, (215) 814–2039, or by rulemaking and available online at
Incineration Units email at gordon.mike@epa.gov. www.regulations.gov.
SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection III. Final Action
I. Background In this direct final action, EPA is
ethrower on DSK3G9T082PROD with RULES
Agency (EPA).
ACTION: Direct final rule. Sections 111(d) and 129 of the CAA amending part 62 to reflect receipt of
require states to submit plans to control the negative declaration letter from
SUMMARY: The Environmental Protection certain pollutants (designated Philadelphia AMS. EPA is publishing
Agency (EPA) is taking direct final pollutants) at existing solid waste this rule without prior proposal because
action to notify the public that it has combustor facilities (designated EPA views this as a noncontroversial
received a negative declaration for facilities) whenever standards of amendment and anticipates no adverse
VerDate Sep<11>2014 18:08 Oct 25, 2017 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1](https://thefederalregister.org/doc/82_FR_49717/page/1.svg)
![49512 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
comment. However, in the ‘‘Proposed levels of government, as specified in Court of Appeals for the appropriate
Rules’’ section of today’s Federal Executive Order 13132 (64 FR 43255, circuit by December 26, 2017. Filing a
Register, EPA is publishing a separate August 10, 1999). This action merely petition for reconsideration by the
document that will serve as the proposal approves the negative declaration for Administrator of this final rule does not
to approve the revision if adverse existing SSI units from the Philadelphia affect the finality of this action for the
comments are filed. This rule will be AMS and does not alter the relationship purposes of judicial review nor does it
effective on December 26, 2017 without or the distribution of power and extend the time within which a petition
further notice unless EPA receives responsibilities established in the Clean for judicial review may be filed, and
adverse comment by November 27, Air Act. This action also is not subject shall not postpone the effectiveness of
2017. If EPA receives adverse comment, to Executive Order 13045 ‘‘Protection of such rule or action. Parties with
EPA will publish a timely withdrawal in Children from Environmental Health objections to this direct final rule are
the Federal Register informing the Risks and Safety Risks’’ (62 FR 19885, encouraged to file a comment in
public that the rule will not take effect. April 23, 1997), because it is not response to the parallel notice of
EPA will address all public comments economically significant. proposed rulemaking for this action
in a subsequent final rule based on the With regard to negative declarations published in the proposed rules section
proposed rule. EPA will not institute a for designated facilities received by EPA of today’s Federal Register, rather than
second comment period on this action. from states, EPA’s role is to notify the file an immediate petition for judicial
Any parties interested in commenting public of the receipt of such negative review of this direct final rule, so that
must do so at this time. declarations and revise 40 CFR part 62 EPA can withdraw this direct final rule
accordingly. In this context, in the and address the comment in the
IV. Statutory and Executive Order absence of a prior existing requirement
Reviews proposed rulemaking.
for the State to use voluntary consensus This action approving a negative
A. General Requirements standards (VCS), EPA has no authority declaration submitted by Philadelphia
to approve or disapprove a CAA section AMS for SSI units may not be
Under Executive Order 12866 (58 FR
111(d)/129 plan negative declaration challenged later in proceedings to
51735, October 4, 1993), this action is
submission for failure to use VCS. It enforce its requirements. (See section
not a ‘‘significant regulatory action’’ and
would thus be inconsistent with 307(b)(2).)
therefore is not subject to review by the
applicable law for EPA, when it reviews
Office of Management and Budget. For a CAA section 111(d)/129 negative List of Subjects in 40 CFR Part 62
this reason, this action is also not declaration, to use VCS in place of a Environmental protection,
subject to Executive Order 13211, section 111(d)/129 negative declaration Administrative practice and procedure,
‘‘Actions Concerning Regulations That that otherwise satisfies the provisions of Air pollution control, Intergovernmental
Significantly Affect Energy Supply, the Clean Air Act. Thus, the relations, Reporting and recordkeeping
Distribution, or Use’’ (66 FR 28355, May requirements of section 12(d) of the requirements, Waste treatment and
22, 2001). This action merely notifies National Technology Transfer and disposal.
the public of EPA receipt of a negative Advancement Act of 1995 (15 U.S.C.
declaration from an air pollution control Dated: October 11, 2017.
272 note) do not apply. This action does
agency without any existing SSI units in Cecil Rodrigues,
not impose an information collection
their jurisdiction. This action imposes burden under the provisions of the Acting Regional Administrator, Region III.
no requirements. Accordingly, EPA Paperwork Reduction Act of 1995 (44 40 CFR part 62 is amended as follows:
certifies that this rule will not have a U.S.C. 3501 et seq.).
significant economic impact on a PART 62—APPROVAL AND
substantial number of small entities B. Submission to Congress and the PROMULGATION OF STATE PLANS
under the Regulatory Flexibility Act (5 Comptroller General FOR DESIGNATED FACILITIES AND
U.S.C. 601 et seq.). Because this action The Congressional Review Act, 5 POLLUTANTS
does not impose any additional U.S.C. 801 et seq., as added by the Small
enforceable duty beyond that required Business Regulatory Enforcement ■ 1. The authority citation for part 62
by state law, it does not contain any Fairness Act of 1996, generally provides continues to read as follows:
unfunded mandate or significantly or that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
uniquely affect small governments, as agency promulgating the rule must
described in the Unfunded Mandates submit a rule report, which includes a Subpart NN—Pennsylvania
Reform Act of 1995 (Pub. L. 104–4). copy of the rule, to each House of the
This action also does not have tribal ■ 2. Add an undesignated heading and
Congress and to the Comptroller General § 62.9665 to subpart NN to read as
implications because it will not have a of the United States. EPA will submit a
substantial direct effect on one or more follows:
report containing this action and other
Indian tribes, on the relationship required information to the U.S. Senate, Emissions From Existing Sewage Sludge
between the Federal Government and the U.S. House of Representatives, and Incineration Units
Indian tribes, or on the distribution of the Comptroller General of the United
power and responsibilities between the § 62.9665 Identification of plan—negative
States prior to publication of the rule in declaration.
Federal Government and Indian tribes, the Federal Register. A major rule
as specified by Executive Order 13175 Letter from the City of Philadelphia,
cannot take effect until 60 days after it
(65 FR 67249, November 9, 2000). This Department of Public Health, submitted
is published in the Federal Register.
action also does not have Federalism March 28, 2012, certifying that there are
ethrower on DSK3G9T082PROD with RULES
This action is not a ‘‘major rule’’ as
implications because it does not have no existing sewage sludge incineration
defined by 5 U.S.C. 804(2).
substantial direct effects on the States, units within the City of Philadelphia,
on the relationship between the national C. Petitions for Judicial Review Pennsylvania that are subject to 40 CFR
government and the States, or on the Under section 307(b)(1) of the CAA, part 60, subpart Ce.
distribution of power and petitions for judicial review of this [FR Doc. 2017–23229 Filed 10–25–17; 8:45 am]
responsibilities among the various action must be filed in the United States BILLING CODE 6560–50–P
VerDate Sep<11>2014 18:08 Oct 25, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1](https://thefederalregister.org/doc/82_FR_49717/page/2.svg)
Document Created: 2018-10-25 10:15:40
Document Modified: 2018-10-25 10:15:40
| 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 26, 2017 without further notice, unless EPA receives adverse written comment by November 27, 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 49511 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR