83_FR_11469 83 FR 11418 - 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

83 FR 11418 - 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 83, Issue 51 (March 15, 2018)

Page Range11418-11420
FR Document2018-05293

EPA is taking 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 in Pennsylvania 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 11418-11420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0509; FRL-9975-38-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking 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 in Pennsylvania 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-2017-0509. 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 March 21, 2011 (76 FR 15372), EPA promulgated SSI unit new 
source performance standards, 40 CFR part 60, subpart LLL, and EG at 40 
CFR part 60, 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) meet the definition of a SSI unit as 
defined in 40 CFR 60.5250; and (3) are not exempt under 40 CFR 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 CAA section 111(d)/129 plan.
    On October 26, 2017 (82 FR 49563 and 82 FR 49511), 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 
SSI units subject to the requirements of sections 111(d) and 129 of the 
CAA in its respective air pollution control jurisdiction. EPA received 
an adverse comment on the rulemaking and withdrew the DFR prior to the 
effective date on December 26, 2017 (82 FR 60872). In this final 
rulemaking, EPA is responding to the comment submitted on the proposed 
approval of the negative declaration and is approving the negative 
declaration.

II. State Submittal and EPA Analysis

    Philadelphia AMS has determined that there are no existing SSI 
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 March 28, 2012. The negative declaration letter 
and EPA's technical support document for this action are available in 
the docket for this rulemaking and are available online at 
www.regulations.gov.

III. Public Comments and EPA Responses

    EPA received one adverse comment on the proposed approval of the 
negative declaration for SSI units submitted by Philadelphia AMS. All 
other comments received were either supportive of or not specific to 
this action and thus are not addressed here.
    Comment: The commenter stated that EPA must confirm that no 
additional SSI units exist or have been constructed since the time of 
Philadelphia's certification letter, citing the amount of time between 
receipt of the negative declaration and the proposed approval.
    Response: EPA does not agree with the commenter's assertion that 
EPA must ensure that no additional SSI units have been constructed 
since Philadelphia AMS submitted the negative declaration in order to 
finalize this action. As stated in the technical support document for 
the NPR and in the EG for existing SSI units (40 CFR 60,

[[Page 11419]]

subpart MMMM), the designated facilities to which the EG apply are SSI 
units that: (1) Commenced construction on or before October 14, 2010; 
(2) meet the definition of a SSI unit as defined in 40 CFR 60.5250; and 
(3) are not exempt under 40 CFR 60.5065. Thus, for EPA approval of 
Philadelphia AMS' negative declaration regarding existing SSI, 
Philadelphia only needed to assert no SSI units exist that commenced 
construction on or before October 14, 2010. Because Philadelphia's 
negative declaration was submitted on March 28, 2012--after the October 
14, 2010 deadline to be considered an existing SSI unit--there is no 
need to revisit the initial determination of Philadelphia AMS that no 
existing SSI units exist within the jurisdictional boundaries of the 
local air pollution control agency. Prior to Philadelphia's submission, 
EPA worked with Philadelphia AMS and reviewed Philadelphia's inventory 
of sources to ensure no existing SSI 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's acceptance of Philadelphia's negative 
declaration therefore is appropriate. SSI units constructed after the 
above cited date (i.e., October 14, 2010) would be considered ``new,'' 
as opposed to ``existing,'' and therefore would be subject to a 
separate rule--40 CFR 60 subpart LLL, ``Standards of Performance for 
new Sewage Sludge Incineration Units.'' EPA is therefore finalizing the 
negative declaration for existing SSI units in this action.

IV. Final Action

    In this final action, EPA is amending 40 CFR 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 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 (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 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 May 14, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving the negative declaration for SSI 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.

    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:


[[Page 11420]]


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

Subpart NN--Pennsylvania

0
2. Subpart NN is amended by adding a new undesignated centerheading and 
Sec.  62.9665 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 MMMM.

[FR Doc. 2018-05293 Filed 3-14-18; 8:45 am]
 BILLING CODE 6560-50-P



                                              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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                                                                Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations                                             11419

                                              subpart MMMM), the designated                           declaration from an air pollution control             Advancement Act of 1995 (15 U.S.C.
                                              facilities to which the EG apply are SSI                agency without any existing SSI units in              272 note) do not apply. This action does
                                              units that: (1) Commenced construction                  their jurisdiction. This action imposes               not impose an information collection
                                              on or before October 14, 2010; (2) meet                 no requirements. Accordingly, EPA                     burden under the provisions of the
                                              the definition of a SSI unit as defined                 certifies that this rule will not have a              Paperwork Reduction Act of 1995 (44
                                              in 40 CFR 60.5250; and (3) are not                      significant economic impact on a                      U.S.C. 3501 et seq.).
                                              exempt under 40 CFR 60.5065. Thus, for                  substantial number of small entities                  B. Submission to Congress and the
                                              EPA approval of Philadelphia AMS’                       under the Regulatory Flexibility Act (5               Comptroller General
                                              negative declaration regarding existing                 U.S.C. 601 et seq.). Because this action
                                              SSI, Philadelphia only needed to assert                 does not impose any additional                           The Congressional Review Act, 5
                                              no SSI units exist that commenced                       enforceable duty beyond that required                 U.S.C. 801 et seq., as added by the Small
                                              construction on or before October 14,                   by state law, it does not contain any                 Business Regulatory Enforcement
                                              2010. Because Philadelphia’s negative                   unfunded mandate or significantly or                  Fairness Act of 1996, generally provides
                                              declaration was submitted on March 28,                  uniquely affect small governments, as                 that before a rule may take effect, the
                                              2012—after the October 14, 2010                         described in the Unfunded Mandates                    agency promulgating the rule must
                                              deadline to be considered an existing                   Reform Act of 1995 (Public Law 104–4).                submit a rule report, which includes a
                                              SSI unit—there is no need to revisit the                This action also does not have tribal                 copy of the rule, to each House of the
                                              initial determination of Philadelphia                   implications because it will not have a               Congress and to the Comptroller General
                                              AMS that no existing SSI units exist                    substantial direct effect on one or more              of the United States. EPA will submit a
                                              within the jurisdictional boundaries of                 Indian tribes, on the relationship                    report containing this action and other
                                              the local air pollution control agency.                 between the Federal Government and                    required information to the U.S. Senate,
                                              Prior to Philadelphia’s submission, EPA                 Indian tribes, or on the distribution of              the U.S. House of Representatives, and
                                              worked with Philadelphia AMS and                        power and responsibilities between the                the Comptroller General of the United
                                              reviewed Philadelphia’s inventory of                    Federal Government and Indian tribes,                 States prior to publication of the rule in
                                              sources to ensure no existing SSI units                 as specified by Executive Order 13175                 the Federal Register. A major rule
                                              existed within Philadelphia, and the                    (65 FR 67249, November 9, 2000). This                 cannot take effect until 60 days after it
                                              commenter has not provided any                          action also does not have Federalism                  is published in the Federal Register.
                                                                                                      implications because it does not have                 This action is not a ‘‘major rule’’ as
                                              information to the contrary that would
                                                                                                                                                            defined by 5 U.S.C. 804(2).
                                              cause EPA to reconsider the assessment                  substantial direct effects on the States,
                                              of Philadelphia AMS’s negative                          on the relationship between the national              C. Petitions for Judicial Review
                                              declaration. EPA’s acceptance of                        government and the States, or on the                     Under section 307(b)(1) of the CAA,
                                              Philadelphia’s negative declaration                     distribution of power and                             petitions for judicial review of this
                                              therefore is appropriate. SSI units                     responsibilities among the various                    action must be filed in the United States
                                              constructed after the above cited date                  levels of government, as specified in                 Court of Appeals for the appropriate
                                              (i.e., October 14, 2010) would be                       Executive Order 13132 (64 FR 43255,                   circuit by May 14, 2018. Filing a
                                              considered ‘‘new,’’ as opposed to                       August 10, 1999). This action merely                  petition for reconsideration by the
                                              ‘‘existing,’’ and therefore would be                    approves the negative declaration for                 Administrator of this final rule does not
                                              subject to a separate rule—40 CFR 60                    existing SSI units from the Philadelphia              affect the finality of this action for the
                                              subpart LLL, ‘‘Standards of Performance                 AMS and does not alter the relationship               purposes of judicial review nor does it
                                              for new Sewage Sludge Incineration                      or the distribution of power and                      extend the time within which a petition
                                              Units.’’ EPA is therefore finalizing the                responsibilities established in the Clean             for judicial review may be filed, and
                                              negative declaration for existing SSI                   Air Act. This action also is not subject              shall not postpone the effectiveness of
                                              units in this action.                                   to Executive Order 13045 ‘‘Protection of              such rule or action. This action
                                                                                                      Children from Environmental Health                    approving the negative declaration for
                                              IV. Final Action
                                                                                                      Risks and Safety Risks’’ (62 FR 19885,                SSI units within the City of
                                                In this final action, EPA is amending                 April 23, 1997), because it is not                    Philadelphia may not be challenged
                                              40 CFR part 62 to reflect receipt of the                economically significant.                             later in proceedings to enforce its
                                              negative declaration letter from                          With regard to negative declarations                requirements. (See section 307(b)(2).)
                                              Philadelphia AMS. EPA is accepting the                  for designated facilities received by EPA
                                              negative declaration in accordance with                                                                       List of Subjects in 40 CFR Part 62
                                                                                                      from states, EPA’s role is to notify the
                                              the requirements of the CAA and 40                      public of the receipt of such negative                  Environmental protection,
                                              CFR 60.23(b) and 62.06.                                 declarations and revise 40 CFR part 62                Administrative practice and procedure,
                                              V. Statutory and Executive Order                        accordingly. In this context, in the                  Air pollution control, Intergovernmental
                                              Reviews                                                 absence of a prior existing requirement               relations, Reporting and recordkeeping
                                                                                                      for the State to use voluntary consensus              requirements, Waste treatment and
                                              A. General Requirements                                 standards (VCS), EPA has no authority                 disposal.
                                                 Under Executive Order 12866 (58 FR                   to approve or disapprove a CAA section                  Dated: February 23, 2018.
                                              51735, October 4, 1993), this action is                 111(d)/129 plan negative declaration                  Cosmo Servidio,
                                              not a ‘‘significant regulatory action’’ and             submission for failure to use VCS. It                 Regional Administrator, Region III.
                                              therefore is not subject to review by the               would thus be inconsistent with
                                                                                                                                                                40 CFR part 62 is amended as follows:
                                              Office of Management and Budget. For                    applicable law for EPA, when it reviews
sradovich on DSK3GMQ082PROD with RULES




                                              this reason, this action is also not                    a CAA section 111(d)/129 negative                     PART 62—APPROVAL AND
                                              subject to Executive Order 13211,                       declaration, to use VCS in place of a                 PROMULGATION OF STATE PLANS
                                              ‘‘Actions Concerning Regulations That                   section 111(d)/129 negative declaration               FOR DESIGNATED FACILITIES AND
                                              Significantly Affect Energy Supply,                     that otherwise satisfies the provisions of            POLLUTANTS
                                              Distribution, or Use’’ (66 FR 28355, May                the Clean Air Act. Thus, the
                                              22, 2001). This action merely notifies                  requirements of section 12(d) of the                  ■ 1. The authority citation for part 62
                                              the public of EPA receipt of a negative                 National Technology Transfer and                      continues to read as follows:


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                                              11420             Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations

                                                  Authority: 42 U.S.C. 7401 et seq.                   information about the docket available                submit a copy of the filing (excluding
                                                                                                      at http://www.epa.gov/dockets.                        any Confidential Business Information
                                              Subpart NN—Pennsylvania                                                                                       (CBI)) for inclusion in the public docket.
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              ■ 2. Subpart NN is amended by adding                    Michael L. Goodis, Director,                          Information not marked confidential
                                              a new undesignated centerheading and                    Registration Division (7505P), Office of              pursuant to 40 CFR part 2 may be
                                              § 62.9665 to read as follows:                           Pesticide Programs, Environmental                     disclosed publicly by EPA without prior
                                                                                                      Protection Agency, 1200 Pennsylvania                  notice. Submit the non-CBI copy of your
                                              Emissions From Existing Sewage Sludge                   Ave. NW, Washington, DC 20460–0001;                   objection or hearing request, identified
                                              Incineration Units                                      Main telephone number: (703) 305–                     by docket ID number EPA–HQ–OPP–
                                                                                                      7090; email address: RDFRNotices@                     2016–0365, by one of the following
                                              § 62.9665 Identification of plan—negative
                                              declaration.                                            epa.gov.                                              methods:
                                                                                                                                                              • Federal eRulemaking Portal: http://
                                                Letter from the City of Philadelphia,                 SUPPLEMENTARY INFORMATION:                            www.regulations.gov. Follow the online
                                              Department of Public Health, submitted                                                                        instructions for submitting comments.
                                              March 28, 2012, certifying that there are               I. General Information
                                                                                                                                                            Do not submit electronically any
                                              no existing sewage sludge incineration                  A. Does this action apply to me?                      information you consider to be CBI or
                                              units within the City of Philadelphia,                     You may be potentially affected by                 other information whose disclosure is
                                              Pennsylvania that are subject to 40 CFR                 this action if you are an agricultural                restricted by statute.
                                              part 60, subpart MMMM.                                  producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                              [FR Doc. 2018–05293 Filed 3–14–18; 8:45 am]             pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                              BILLING CODE 6560–50–P                                  list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                      Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                                                                                      not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                              ENVIRONMENTAL PROTECTION                                provides a guide to help readers                      arrangements for hand delivery or
                                              AGENCY                                                  determine whether this document                       delivery of boxed information, please
                                                                                                      applies to them. Potentially affected                 follow the instructions at http://
                                              40 CFR Part 180                                                                                               www.epa.gov/dockets/contacts.html.
                                                                                                      entities may include:
                                              [EPA–HQ–OPP–2016–0365; FRL–9973–20]                        • Crop production (NAICS code 111).                  Additional instructions on
                                                                                                         • Animal production (NAICS code                    commenting or visiting the docket,
                                              Trinexapac-ethyl; Pesticide Tolerances                  112).                                                 along with more information about
                                              AGENCY:  Environmental Protection                          • Food manufacturing (NAICS code                   dockets generally, is available at http://
                                              Agency (EPA).                                           311).                                                 www.epa.gov/dockets.
                                                                                                         • Pesticide manufacturing (NAICS
                                              ACTION: Final rule.                                                                                           II. Summary of Petitioned-For
                                                                                                      code 32532).
                                                                                                                                                            Tolerance
                                              SUMMARY:   This regulation establishes a                B. How can I get electronic access to
                                              tolerance for residues of trinexapac-                                                                            In the Federal Register of November
                                                                                                      other related information?                            30, 2016 (81 FR 86312) (FRL–9954–06),
                                              ethyl in or on poppy, seed. Syngenta
                                              Crop Protection, LLC requested this                        You may access a frequently updated                EPA issued a document pursuant to
                                              tolerance under the Federal Food, Drug,                 electronic version of EPA’s tolerance                 FFDCA section 408(d)(3), 21 U.S.C.
                                              and Cosmetic Act (FFDCA) in order to                    regulations at 40 CFR part 180 through                346a(d)(3), announcing the filing of a
                                              cover residues of trinexapac-ethyl in                   the Government Printing Office’s e-CFR                pesticide petition (PP 6E8462) by
                                              imported poppy seed commodities.                        site at http://www.ecfr.gov/cgi-bin/text-             Syngenta Crop Protection, LLC., P.O.
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  Box 18300, Greensboro, NC 27419.
                                              DATES: This regulation is effective
                                                                                                      40tab_02.tpl.                                         The petition requested that 40 CFR part
                                              March 15, 2018. Objections and requests
                                                                                                                                                            180 be amended by establishing a
                                              for hearings must be received on or                     C. How can I file an objection or hearing
                                                                                                                                                            tolerance for residues of the herbicide
                                              before May 14, 2018, and must be filed                  request?
                                                                                                                                                            trinexapac-ethyl, ethyl 4-
                                              in accordance with the instructions                       Under FFDCA section 408(g), 21                      (cyclopropylhydroxymethylene)-3,5-
                                              provided in 40 CFR part 178 (see also                   U.S.C. 346a, any person may file an                   dioxocyclohexanecarboxylate expressed
                                              Unit I.C. of the SUPPLEMENTARY                          objection to any aspect of this regulation            as its primary metabolite trinexpac, 4-
                                              INFORMATION).
                                                                                                      and may also request a hearing on those               (cyclopropylhydroxymethylene)-3,5-
                                              ADDRESSES: The docket for this action,                  objections. You must file your objection              dioxocyclohexanecarboxylic acid, in or
                                              identified by docket identification (ID)                or request a hearing on this regulation               on poppy, seed at 8 parts per million
                                              number EPA–HQ–OPP–2016–0365, is                         in accordance with the instructions                   (ppm). That document referenced a
                                              available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                summary of the petition prepared by
                                              or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       Syngenta Crop Protection, LLC, the
                                              Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                     registrant, which is available in the
                                              in the Environmental Protection Agency                  OPP–2016–0365 in the subject line on                  docket, http://www.regulations.gov.
                                              Docket Center (EPA/DC), West William                    the first page of your submission. All                There were no comments received in
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                 response to the notice of filing.
                                              Constitution Ave. NW, Washington, DC                    must be in writing, and must be
                                              20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                   III. Aggregate Risk Assessment and
sradovich on DSK3GMQ082PROD with RULES




                                              is open from 8:30 a.m. to 4:30 p.m.,                    before May 14, 2018. Addresses for mail               Determination of Safety
                                              Monday through Friday, excluding legal                  and hand delivery of objections and                      Section 408(b)(2)(A)(i) of FFDCA
                                              holidays. The telephone number for the                  hearing requests are provided in 40 CFR               allows EPA to establish a tolerance (the
                                              Public Reading Room is (202) 566–1744,                  178.25(b).                                            legal limit for a pesticide chemical
                                              and the telephone number for the OPP                      In addition to filing an objection or               residue in or on a food) only if EPA
                                              Docket is (703) 305–5805. Please review                 hearing request with the Hearing Clerk                determines that the tolerance is ‘‘safe.’’
                                              the visitor instructions and additional                 as described in 40 CFR part 178, please               Section 408(b)(2)(A)(ii) of FFDCA


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Document Created: 2018-03-15 02:37:39
Document Modified: 2018-03-15 02:37:39
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 11418 
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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