83_FR_11467 83 FR 11416 - 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

83 FR 11416 - 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 83, Issue 51 (March 15, 2018)

Page Range11416-11418
FR Document2018-05294

EPA is taking final action to reaffirm and reapprove a negative declaration for existing hospital/medical/infectious waste incinerator (HMIWI) units within the City of Philadelphia. This negative declaration certifies that existing 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 CAA.

Federal Register, Volume 83 Issue 51 (Thursday, March 15, 2018)
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11416-11418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05294]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0453; FRL-9975-33-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: Final rule.

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SUMMARY: EPA is taking final action to reaffirm and reapprove a 
negative declaration for existing hospital/medical/infectious waste 
incinerator (HMIWI) units within the City of Philadelphia. This 
negative declaration certifies that existing 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 CAA.

DATES: This rule is effective on April 16, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2017-0453. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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. CAA section 129 directs EPA to 
establish standards of performance for new sources and emissions 
guidelines for existing sources for each category of solid waste 
incineration unit. CAA section 129(a) and (b). EPA also must specify 
numerical emissions limitations for particulate matter (total and 
fine), opacity (as appropriate), sulfur dioxide, hydrogen chloride, 
oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and 
dioxins and dibenzofurans. CAA section 129(a)(4).
    On September 15, 1997 (62 FR 48348), EPA first promulgated HMIWI 
unit new source performance standards, 40 CFR part 60, subpart Ec, and 
emission guidelines for existing facilities, subpart Ce. These 
regulations were then amended on October 6, 2009 (74 FR 51368) and on 
April 4, 2011 (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 exceptions as 
provided in paragraphs 40 CFR 60.32e(b) through (h).
    Subpart B and Ce of 40 CFR part 60 establish procedures to be 
followed and requirements to be met in the development and submission 
of state plans for controlling designated pollutants from existing 
HMIWI facilities. Also, 40 CFR part 62 provides the procedural 
framework for the submission of these plans. When existing 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 section 111(d)/129(b) 
plan.
    On October 12, 2017 (82 FR 47398 and 82 FR 47421), EPA 
simultaneously published a notice of proposed rulemaking (NPR) and a 
direct final rule (DFR) for the City of Philadelphia approving a 
negative declaration from Philadelphia AMS that there are no existing 
HMIWI units subject to the requirements of sections 111(d) and 129 of 
the CAA in its respective air pollution control jurisdiction. EPA 
explained that if it did not receive an adverse comment on the NPR, the 
DFR would take effect with no further administrative action. EPA 
received an adverse comment on the NPR and attempted to withdraw the 
DFR prior to its effective date of December 11, 2017. However, EPA 
inadvertently did not withdraw the DFR prior to that date and the rule 
prematurely became effective on December 11, 2017, revising 40 CFR part 
62 to reflect the approval of the negative declaration. In the NPR, EPA 
had proposed to approve the negative declaration. In this final 
rulemaking, EPA is responding to the comment submitted on the proposed 
approval of the negative declaration and approving the negative 
declaration. This action supersedes the prior DFR which went in to 
effect prematurely and had an effective date of December 11, 2017.

II. State Submittal and EPA Analysis

    Philadelphia AMS has determined that there are no existing 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 rulemaking and online at www.regulations.gov.

III. Public Comment and EPA Response

    EPA received one adverse comment on the proposed approval of the 
negative declaration for existing HMIWI units submitted by Philadelphia 
AMS.
    Comment: The commenter stated that EPA must ensure that no 
additional HMIWI units have been constructed since the time of 
Philadelphia's

[[Page 11417]]

certification letter. The commenter also asserted that since so much 
time has passed since the submittal of the negative declaration, EPA 
cannot rely on such an outdated form of information to ensure no units 
have been built.
    Response: EPA does not agree with the commenter's assertion that 
EPA must ensure that no additional HMIWI units have been constructed 
since Philadelphia AMS submitted the negative declaration on August 2, 
2011 in order to finalize this action. As stated in the technical 
support document for the NPR and the emission guidelines for existing 
HMIWI units (40 CFR 60 subpart Ce), 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 exceptions as provided in paragraphs 40 CFR 60.32e(b) through 
(h). 40 CFR 60.32e(a). Thus, to obtain EPA approval of Philadelphia's 
negative declaration regarding existing HMIWI units, Philadelphia only 
needed to assert no HMIWI units exist that commenced construction 
before December 1, 2008 or commenced modification before April 6, 2010. 
Because Philadelphia's August 2, 2011 submittal meets that criterion, 
Philadelphia's negative declaration did not need to address whether any 
new units have been constructed since the time of Philadelphia's 
certification letter on August 2, 2011. EPA's acceptance of 
Philadelphia's negative declaration therefore is appropriate.
    HMIWI units constructed in Philadelphia after the above cited dates 
would be considered ``new,'' as opposed to ``existing,'' and therefore 
would be subject to a separate rule--40 CFR 60 subpart Ec, ``Standards 
of Performance for New Stationary Sources: Hospital/Medical/Infectious 
Waste Incinerators.'' EPA is not aware of any new HMIWI units within 
the jurisdictional boundaries of Philadelphia AMS. If EPA became aware 
of a new HMIWI unit in Philadelphia, it would have no bearing on the 
approvability of this HMIWI negative declaration because it only 
pertains to existing sources.
    At the time of Philadelphia's submission, EPA worked with 
Philadelphia AMS and reviewed Philadelphia's inventory of sources to 
ensure no existing HMIWI units existed within Philadelphia, and the 
commenter has not provided any information to the contrary that would 
cause EPA to reconsider the assessment of Philadelphia AMS's negative 
declaration. EPA is therefore finalizing the negative declaration for 
existing HMIWI units in this action.

IV. Final Action

    In this final action, EPA is reaffirming and reapproving the 
previous amendment to part 62 to reflect receipt of the negative 
declaration letter from Philadelphia AMS. EPA is accepting the negative 
declaration in accordance with the requirements of the CAA and 40 CFR 
60.23(b) and 62.06.

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 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 (Public Law 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 May 14, 2018. Filing a petition for 
reconsideration by the

[[Page 11418]]

Administrator of this final rule does not affect the finality of this 
action for the purposes of judicial review nor does it extend the time 
within which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. This action 
approving the negative declaration for existing HMIWI units within the 
City of Philadelphia 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: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-05294 Filed 3-14-18; 8:45 am]
 BILLING CODE 6560-50-P



                                              11416             Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations

                                              to minimize any impact caused by the                    www.regulations.gov, or please contact                designated pollutant. However, 40 CFR
                                              temporary deviation.                                    the person identified in the FOR FURTHER              60.23(b) and 62.06 provide that if there
                                                 In accordance with 33 CFR 117.35(e),                 INFORMATION CONTACT section for                       are no existing sources of the designated
                                              the drawbridge must return to its regular               additional availability information.                  pollutant in the state, the state may
                                              operating schedule immediately at the                   FOR FURTHER INFORMATION CONTACT:                      submit a letter of certification to that
                                              end of the effective period of this                     Mike Gordon, (215) 814–2039, or by                    effect (i.e., negative declaration) in lieu
                                              temporary deviation. This deviation                     email at gordon.mike@epa.gov.                         of a plan. The negative declaration
                                              from the operating regulations is                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                            exempts the state from the requirements
                                              authorized under 33 CFR 117.35.                                                                               of subpart B that require the submittal
                                                Dated: March 12, 2018.                                I. Background                                         of a section 111(d)/129(b) plan.
                                                                                                         Sections 111(d) and 129 of the CAA                    On October 12, 2017 (82 FR 47398
                                              Hal R. Pitts,
                                                                                                      require states to submit plans to control             and 82 FR 47421), EPA simultaneously
                                              Bridge Program Manager, Fifth Coast Guard                                                                     published a notice of proposed
                                              District.                                               certain pollutants (designated
                                                                                                      pollutants) at existing solid waste                   rulemaking (NPR) and a direct final rule
                                              [FR Doc. 2018–05297 Filed 3–14–18; 8:45 am]                                                                   (DFR) for the City of Philadelphia
                                                                                                      combustor facilities (designated
                                              BILLING CODE 9110–04–P                                                                                        approving a negative declaration from
                                                                                                      facilities) whenever standards of
                                                                                                                                                            Philadelphia AMS that there are no
                                                                                                      performance have been established
                                                                                                                                                            existing HMIWI units subject to the
                                              ENVIRONMENTAL PROTECTION                                under section 111(b) for new sources of
                                                                                                                                                            requirements of sections 111(d) and 129
                                              AGENCY                                                  the same type, and EPA has established
                                                                                                                                                            of the CAA in its respective air
                                                                                                      emission guidelines (EG) for such
                                                                                                                                                            pollution control jurisdiction. EPA
                                              40 CFR Part 62                                          existing sources. CAA section 129
                                                                                                                                                            explained that if it did not receive an
                                                                                                      directs EPA to establish standards of
                                              [EPA–R03–OAR–2017–0453; FRL–9975–33–                                                                          adverse comment on the NPR, the DFR
                                                                                                      performance for new sources and
                                              Region 3]                                                                                                     would take effect with no further
                                                                                                      emissions guidelines for existing                     administrative action. EPA received an
                                              Approval and Promulgation of State                      sources for each category of solid waste              adverse comment on the NPR and
                                              Air Quality Plans for Designated                        incineration unit. CAA section 129(a)                 attempted to withdraw the DFR prior to
                                              Facilities and Pollutants; City of                      and (b). EPA also must specify                        its effective date of December 11, 2017.
                                              Philadelphia; Control of Emissions                      numerical emissions limitations for                   However, EPA inadvertently did not
                                              From Existing Hospital/Medical/                         particulate matter (total and fine),                  withdraw the DFR prior to that date and
                                              Infectious Waste Incinerator Units                      opacity (as appropriate), sulfur dioxide,             the rule prematurely became effective
                                                                                                      hydrogen chloride, oxides of nitrogen,                on December 11, 2017, revising 40 CFR
                                              AGENCY:  Environmental Protection                       carbon monoxide, lead, cadmium,
                                              Agency (EPA).                                                                                                 part 62 to reflect the approval of the
                                                                                                      mercury, and dioxins and                              negative declaration. In the NPR, EPA
                                              ACTION: Final rule.                                     dibenzofurans. CAA section 129(a)(4).                 had proposed to approve the negative
                                                                                                         On September 15, 1997 (62 FR 48348),
                                              SUMMARY:    EPA is taking final action to                                                                     declaration. In this final rulemaking,
                                                                                                      EPA first promulgated HMIWI unit new
                                              reaffirm and reapprove a negative                                                                             EPA is responding to the comment
                                                                                                      source performance standards, 40 CFR
                                              declaration for existing hospital/                                                                            submitted on the proposed approval of
                                                                                                      part 60, subpart Ec, and emission
                                              medical/infectious waste incinerator                                                                          the negative declaration and approving
                                                                                                      guidelines for existing facilities, subpart
                                              (HMIWI) units within the City of                                                                              the negative declaration. This action
                                                                                                      Ce. These regulations were then
                                              Philadelphia. This negative declaration                                                                       supersedes the prior DFR which went in
                                                                                                      amended on October 6, 2009 (74 FR
                                              certifies that existing HMIWI units                                                                           to effect prematurely and had an
                                                                                                      51368) and on April 4, 2011 (76 FR
                                              subject to the requirements of sections                                                                       effective date of December 11, 2017.
                                                                                                      18407).
                                              111(d) and 129 of the Clean Air Act                        The designated facilities to which the             II. State Submittal and EPA Analysis
                                              (CAA) do not exist within the                           EG apply are existing HMIWI units that:
                                              jurisdictional boundaries of the                                                                                 Philadelphia AMS has determined
                                                                                                      (1) Commenced construction on or                      that there are no existing HMIWI units
                                              Philadelphia Air Management Service                     before June 20, 1996, or for which
                                              (AMS). EPA is accepting the negative                                                                          subject to the requirements of sections
                                                                                                      modification was commenced on or                      111(d) and 129 of the CAA in its
                                              declaration in accordance with the                      before March 16, 1998; or (2)
                                              requirements of the CAA.                                                                                      respective air pollution control
                                                                                                      commenced construction after June 20,                 jurisdiction. Accordingly, Philadelphia
                                              DATES: This rule is effective on April 16,              1996 but no later than December 1,                    AMS submitted a negative declaration
                                              2018.                                                   2008, or for which modification                       letter to EPA certifying this fact on
                                              ADDRESSES: EPA has established a                        commenced after March 16, 1998 but no                 August 2, 2011. The negative
                                              docket for this action under Docket ID                  later than April 6, 2010, with limited                declaration letter and EPA’s technical
                                              No. EPA–R03–OAR–2017–0453. All                          exceptions as provided in paragraphs 40               support document for this action are
                                              documents in the docket are listed on                   CFR 60.32e(b) through (h).                            available in the docket for this
                                              the http://www.regulations.gov website.                    Subpart B and Ce of 40 CFR part 60                 rulemaking and online at
                                              Although listed in the index, some                      establish procedures to be followed and               www.regulations.gov.
                                              information is not publicly available,                  requirements to be met in the
                                              e.g., confidential business information                 development and submission of state                   III. Public Comment and EPA Response
                                              (CBI) or other information whose                        plans for controlling designated                         EPA received one adverse comment
sradovich on DSK3GMQ082PROD with RULES




                                              disclosure is restricted by statute.                    pollutants from existing HMIWI                        on the proposed approval of the
                                              Certain other material, such as                         facilities. Also, 40 CFR part 62 provides             negative declaration for existing HMIWI
                                              copyrighted material, is not placed on                  the procedural framework for the                      units submitted by Philadelphia AMS.
                                              the internet and will be publicly                       submission of these plans. When                          Comment: The commenter stated that
                                              available only in hard copy form.                       existing designated facilities are located            EPA must ensure that no additional
                                              Publicly available docket materials are                 in a state, the state must then develop               HMIWI units have been constructed
                                              available through http://                               and submit a plan for the control of the              since the time of Philadelphia’s


                                         VerDate Sep<11>2014   16:08 Mar 14, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\15MRR1.SGM   15MRR1


                                                                Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations                                         11417

                                              certification letter. The commenter also                reconsider the assessment of                          existing HMIWI units from the
                                              asserted that since so much time has                    Philadelphia AMS’s negative                           Philadelphia AMS and does not alter
                                              passed since the submittal of the                       declaration. EPA is therefore finalizing              the relationship or the distribution of
                                              negative declaration, EPA cannot rely                   the negative declaration for existing                 power and responsibilities established
                                              on such an outdated form of information                 HMIWI units in this action.                           in the Clean Air Act. This action also is
                                              to ensure no units have been built.                                                                           not subject to Executive Order 13045
                                                 Response: EPA does not agree with                    IV. Final Action                                      ‘‘Protection of Children from
                                              the commenter’s assertion that EPA                        In this final action, EPA is reaffirming            Environmental Health Risks and Safety
                                              must ensure that no additional HMIWI                    and reapproving the previous                          Risks’’ (62 FR 19885, April 23, 1997),
                                              units have been constructed since                       amendment to part 62 to reflect receipt               because it is not economically
                                              Philadelphia AMS submitted the                          of the negative declaration letter from               significant.
                                              negative declaration on August 2, 2011                  Philadelphia AMS. EPA is accepting the                   With regard to negative declarations
                                              in order to finalize this action. As stated             negative declaration in accordance with               for designated facilities received by EPA
                                              in the technical support document for                   the requirements of the CAA and 40                    from states, EPA’s role is to notify the
                                              the NPR and the emission guidelines for                 CFR 60.23(b) and 62.06.                               public of the receipt of such negative
                                              existing HMIWI units (40 CFR 60                                                                               declarations and revise 40 CFR part 62
                                              subpart Ce), the designated facilities to               V. Statutory and Executive Order                      accordingly. In this context, in the
                                              which the EG apply are existing HMIWI                   Reviews                                               absence of a prior existing requirement
                                              units that: (1) Commenced construction                  A. General Requirements                               for the State to use voluntary consensus
                                              on or before June 20, 1996, or for which                                                                      standards (VCS), EPA has no authority
                                                                                                         Under Executive Order 12866 (58 FR
                                              modification was commenced on or                                                                              to approve or disapprove a CAA section
                                                                                                      51735, October 4, 1993), this action is
                                              before March 16, 1998; or (2)                                                                                 111(d)/129 plan negative declaration
                                                                                                      not a ‘‘significant regulatory action’’ and
                                              commenced construction after June 20,                                                                         submission for failure to use VCS. It
                                                                                                      therefore is not subject to review by the
                                              1996 but no later than December 1,                                                                            would thus be inconsistent with
                                                                                                      Office of Management and Budget. For
                                              2008, or for which modification                                                                               applicable law for EPA, when it reviews
                                                                                                      this reason, this action is also not
                                              commenced after March 16, 1998 but no                                                                         a CAA section 111(d)/129 negative
                                                                                                      subject to Executive Order 13211,
                                              later than April 6, 2010, with limited                                                                        declaration, to use VCS in place of a
                                                                                                      ‘‘Actions Concerning Regulations That
                                              exceptions as provided in paragraphs 40                                                                       section 111(d)/129 negative declaration
                                                                                                      Significantly Affect Energy Supply,                   that otherwise satisfies the provisions of
                                              CFR 60.32e(b) through (h). 40 CFR
                                              60.32e(a). Thus, to obtain EPA approval                 Distribution, or Use’’ (66 FR 28355, May              the Clean Air Act. Thus, the
                                              of Philadelphia’s negative declaration                  22, 2001). This action merely notifies                requirements of section 12(d) of the
                                              regarding existing HMIWI units,                         the public of EPA receipt of a negative               National Technology Transfer and
                                              Philadelphia only needed to assert no                   declaration from an air pollution control             Advancement Act of 1995 (15 U.S.C.
                                              HMIWI units exist that commenced                        agency without any existing HMIWI                     272 note) do not apply. This action does
                                              construction before December 1, 2008 or                 units in their jurisdiction. This action              not impose an information collection
                                              commenced modification before April 6,                  imposes no requirements. Accordingly,                 burden under the provisions of the
                                              2010. Because Philadelphia’s August 2,                  EPA certifies that this rule will not have            Paperwork Reduction Act of 1995 (44
                                              2011 submittal meets that criterion,                    a significant economic impact on a                    U.S.C. 3501 et seq.).
                                              Philadelphia’s negative declaration did                 substantial number of small entities
                                                                                                      under the Regulatory Flexibility Act (5               B. Submission to Congress and the
                                              not need to address whether any new
                                                                                                      U.S.C. 601 et seq.). Because this action              Comptroller General
                                              units have been constructed since the
                                              time of Philadelphia’s certification letter             does not impose any additional                           The Congressional Review Act, 5
                                              on August 2, 2011. EPA’s acceptance of                  enforceable duty beyond that required                 U.S.C. 801 et seq., as added by the Small
                                              Philadelphia’s negative declaration                     by state law, it does not contain any                 Business Regulatory Enforcement
                                              therefore is appropriate.                               unfunded mandate or significantly or                  Fairness Act of 1996, generally provides
                                                 HMIWI units constructed in                           uniquely affect small governments, as                 that before a rule may take effect, the
                                              Philadelphia after the above cited dates                described in the Unfunded Mandates                    agency promulgating the rule must
                                              would be considered ‘‘new,’’ as opposed                 Reform Act of 1995 (Public Law 104–4).                submit a rule report, which includes a
                                              to ‘‘existing,’’ and therefore would be                 This action also does not have tribal                 copy of the rule, to each House of the
                                              subject to a separate rule—40 CFR 60                    implications because it will not have a               Congress and to the Comptroller General
                                              subpart Ec, ‘‘Standards of Performance                  substantial direct effect on one or more              of the United States. EPA will submit a
                                              for New Stationary Sources: Hospital/                   Indian tribes, on the relationship                    report containing this action and other
                                              Medical/Infectious Waste Incinerators.’’                between the Federal Government and                    required information to the U.S. Senate,
                                              EPA is not aware of any new HMIWI                       Indian tribes, or on the distribution of              the U.S. House of Representatives, and
                                              units within the jurisdictional                         power and responsibilities between the                the Comptroller General of the United
                                              boundaries of Philadelphia AMS. If EPA                  Federal Government and Indian tribes,                 States prior to publication of the rule in
                                              became aware of a new HMIWI unit in                     as specified by Executive Order 13175                 the Federal Register. A major rule
                                              Philadelphia, it would have no bearing                  (65 FR 67249, November 9, 2000). This                 cannot take effect until 60 days after it
                                              on the approvability of this HMIWI                      action also does not have Federalism                  is published in the Federal Register.
                                              negative declaration because it only                    implications because it does not have                 This action is not a ‘‘major rule’’ as
                                              pertains to existing sources.                           substantial direct effects on the States,             defined by 5 U.S.C. 804(2).
                                                 At the time of Philadelphia’s                        on the relationship between the national
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                                              submission, EPA worked with                             government and the States, or on the                  C. Petitions for Judicial Review
                                              Philadelphia AMS and reviewed                           distribution of power and                               Under section 307(b)(1) of the CAA,
                                              Philadelphia’s inventory of sources to                  responsibilities among the various                    petitions for judicial review of this
                                              ensure no existing HMIWI units existed                  levels of government, as specified in                 action must be filed in the United States
                                              within Philadelphia, and the commenter                  Executive Order 13132 (64 FR 43255,                   Court of Appeals for the appropriate
                                              has not provided any information to the                 August 10, 1999). This action merely                  circuit by May 14, 2018. Filing a
                                              contrary that would cause EPA to                        approves the negative declaration for                 petition for reconsideration by the


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                                              11418             Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations

                                              Administrator of this final rule does not               e.g., confidential business information               are no existing sources of the designated
                                              affect the finality of this action for the              (CBI) or other information whose                      pollutant in the state, the state may
                                              purposes of judicial review nor does it                 disclosure is restricted by statute.                  submit a letter of certification to that
                                              extend the time within which a petition                 Certain other material, such as                       effect (i.e., negative declaration) in lieu
                                              for judicial review may be filed, and                   copyrighted material, is not placed on                of a plan. The negative declaration
                                              shall not postpone the effectiveness of                 the internet and will be publicly                     exempts the state from the requirements
                                              such rule or action. This action                        available only in hard copy form.                     of subpart B that require the submittal
                                              approving the negative declaration for                  Publicly available docket materials are               of a CAA section 111(d)/129 plan.
                                              existing HMIWI units within the City of                 available through http://                                On October 26, 2017 (82 FR 49563
                                              Philadelphia may not be challenged                      www.regulations.gov, or please contact                and 82 FR 49511), EPA simultaneously
                                              later in proceedings to enforce its                     the person identified in the FOR FURTHER              published a notice of proposed
                                              requirements. (See section 307(b)(2).)                  INFORMATION CONTACT section for                       rulemaking (NPR) and a direct final rule
                                                                                                      additional availability information.                  (DFR) for the City of Philadelphia
                                              List of Subjects in 40 CFR Part 62                                                                            approving a negative declaration from
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                Environmental protection,                             Mike Gordon, (215) 814–2039, or by                    Philadelphia AMS that there are no
                                              Administrative practice and procedure,                  email at gordon.mike@epa.gov.                         existing SSI units subject to the
                                              Air pollution control, Intergovernmental                                                                      requirements of sections 111(d) and 129
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              relations, Reporting and recordkeeping                                                                        of the CAA in its respective air
                                              requirements, Waste treatment and                       I. Background                                         pollution control jurisdiction. EPA
                                              disposal.                                                                                                     received an adverse comment on the
                                                                                                        Sections 111(d) and 129 of the CAA
                                                                                                                                                            rulemaking and withdrew the DFR prior
                                                Dated: February 23, 2018.                             require states to submit plans to control
                                                                                                                                                            to the effective date on December 26,
                                              Cosmo Servidio,                                         certain pollutants (designated
                                                                                                                                                            2017 (82 FR 60872). In this final
                                              Regional Administrator, Region III.                     pollutants) at existing solid waste
                                                                                                                                                            rulemaking, EPA is responding to the
                                              [FR Doc. 2018–05294 Filed 3–14–18; 8:45 am]             combustor facilities (designated
                                                                                                                                                            comment submitted on the proposed
                                                                                                      facilities) whenever standards of
                                              BILLING CODE 6560–50–P                                                                                        approval of the negative declaration and
                                                                                                      performance have been established
                                                                                                                                                            is approving the negative declaration.
                                                                                                      under section 111(b) for new sources of
                                              ENVIRONMENTAL PROTECTION                                the same type, and EPA has established                II. State Submittal and EPA Analysis
                                              AGENCY                                                  emission guidelines (EG) for such                        Philadelphia AMS has determined
                                                                                                      existing sources. CAA section 129                     that there are no existing SSI units
                                              40 CFR Part 62                                          directs EPA to establish standards of                 subject to the requirements of sections
                                              [EPA–R03–OAR–2017–0509; FRL–9975–38–
                                                                                                      performance for new sources and                       111(d) and 129 of the CAA in its
                                              Region 3]                                               emissions guidelines for existing                     respective air pollution control
                                                                                                      sources for each category of solid waste              jurisdiction. Accordingly, Philadelphia
                                              Approval and Promulgation of State                      incineration unit. CAA section 129(a)                 AMS submitted a negative declaration
                                              Air Quality Plans for Designated                        and (b). EPA also must specify                        letter to EPA certifying this fact on
                                              Facilities and Pollutants; City of                      numerical emissions limitations for                   March 28, 2012. The negative
                                              Philadelphia; Control of Emissions                      particulate matter (total and fine),                  declaration letter and EPA’s technical
                                              From Existing Sewage Sludge                             opacity (as appropriate), sulfur dioxide,             support document for this action are
                                              Incineration Units                                      hydrogen chloride, oxides of nitrogen,                available in the docket for this
                                                                                                      carbon monoxide, lead, cadmium,                       rulemaking and are available online at
                                              AGENCY:  Environmental Protection                       mercury, and dioxins and
                                              Agency (EPA).                                                                                                 www.regulations.gov.
                                                                                                      dibenzofurans. CAA section 129(a)(4).
                                              ACTION: Final rule.                                       On March 21, 2011 (76 FR 15372),                    III. Public Comments and EPA
                                                                                                      EPA promulgated SSI unit new source                   Responses
                                              SUMMARY:   EPA is taking final action to                performance standards, 40 CFR part 60,                   EPA received one adverse comment
                                              notify the public that it has received a                subpart LLL, and EG at 40 CFR part 60,                on the proposed approval of the
                                              negative declaration for sewage sludge                  subpart MMMM. The designated                          negative declaration for SSI units
                                              incineration (SSI) units within the City                facilities to which the EG apply are                  submitted by Philadelphia AMS. All
                                              of Philadelphia. This negative                          existing SSI units that: (1) Commenced                other comments received were either
                                              declaration certifies that SSI units                    construction on or before October 14,                 supportive of or not specific to this
                                              subject to the requirements of sections                 2010; (2) meet the definition of a SSI                action and thus are not addressed here.
                                              111(d) and 129 of the Clean Air Act                     unit as defined in 40 CFR 60.5250; and                   Comment: The commenter stated that
                                              (CAA) do not exist in Pennsylvania                      (3) are not exempt under 40 CFR                       EPA must confirm that no additional
                                              within the jurisdictional boundaries of                 60.5065.                                              SSI units exist or have been constructed
                                              the Philadelphia Air Management                           Subpart B of 40 CFR part 60                         since the time of Philadelphia’s
                                              Service (AMS). EPA is accepting the                     establishes procedures to be followed                 certification letter, citing the amount of
                                              negative declaration in accordance with                 and requirements to be met in the                     time between receipt of the negative
                                              the requirements of the CAA.                            development and submission of state                   declaration and the proposed approval.
                                              DATES: This rule is effective on April 16,              plans for controlling designated                         Response: EPA does not agree with
                                              2018.                                                   pollutants. Also, 40 CFR part 62                      the commenter’s assertion that EPA
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                                              ADDRESSES: EPA has established a                        provides the procedural framework for                 must ensure that no additional SSI units
                                              docket for this action under Docket ID                  the submission of these plans. When                   have been constructed since
                                              No. EPA–R03–OAR–2017–0509. All                          designated facilities are located in a                Philadelphia AMS submitted the
                                              documents in the docket are listed on                   state, the state must then develop and                negative declaration in order to finalize
                                              the http://www.regulations.gov website.                 submit a plan for the control of the                  this action. As stated in the technical
                                              Although listed in the index, some                      designated pollutant. However, 40 CFR                 support document for the NPR and in
                                              information is not publicly available,                  60.23(b) and 62.06 provide that if there              the EG for existing SSI units (40 CFR 60,


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Document Created: 2018-03-15 02:38:01
Document Modified: 2018-03-15 02:38:01
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
ActionFinal rule.
DatesThis rule is effective on April 16, 2018.
ContactMike Gordon, (215) 814-2039, or by email at [email protected]
FR Citation83 FR 11416 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal

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