83_FR_11704 83 FR 11652 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority

83 FR 11652 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11652-11654
FR Document2018-05316

The Environmental Protection Agency (EPA) is proposing to approve a request from the New Hampshire Department of Environmental Services (NH DES) for delegation of authority to implement and enforce the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or before October 14, 2010 (SSI Federal Plan). under Clean Air Act (CAA).

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Proposed Rules]
[Pages 11652-11654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05316]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2018-0069; FRL-9975-17--Region 1]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; New Hampshire; Delegation of Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the New Hampshire Department of Environmental 
Services (NH DES) for delegation of authority to implement and enforce 
the Federal Plan Requirements for Sewage Sludge Incineration Units 
Constructed on or before October 14, 2010 (SSI Federal Plan). under 
Clean Air Act (CAA).

DATES: Written comments must be received on or before April 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0069 at www.regulations.gov, or via email to 
bird.patrick@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is

[[Page 11653]]

restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are 
available at www.regulations.gov or at the U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxic, & 
Indoor Programs Unit, U.S. Environmental Protection Agency, Region 1, 5 
Post Office Square--Suite 100, Mail Code: OEP05-2, Boston, MA 02109-
3912, tel. (617) 918-1287, email bird.patrick@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What action is the EPA proposing to take today?
II. What are the CAA requirements?
III. What was submitted by the NH DES and how did the EPA respond?
IV. What is the EPA's proposed conclusion?
V. Statutory and Executive Order Reviews

I. What action is the EPA proposing to take today?

    The EPA is proposing to approve the NH DES request for delegation 
of authority to implement and enforce the SSI Federal Plan found at 40 
CFR part 62 subpart LLL and to adhere to the terms and conditions 
prescribed in the Memorandum of Agreement (MoA) signed by the EPA and 
the NH DES, as further explained further in this action. The purpose of 
this SSI Federal Plan delegation is to transfer primary implementation 
and enforcement responsibility from the EPA to the NH DES for all 
affected facilities within the jurisdiction of the State of New 
Hampshire. However, nothing in this action, nor in the MoA, shall be 
construed to prohibit the EPA from enforcing the SSI Federal Plan.

II. What are the CAA requirements?

    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 the EPA has established emission 
guidelines for such existing sources. A designated pollutant is any 
pollutant for which no air quality criteria has been issued or which is 
not included on a list published under section 108(a) (national ambient 
air quality standards) or section 112 (hazardous air pollutants) of the 
CAA, but emissions of which would be subject to a standard of 
performance for new stationary sources under section 111(b). In 
addition, section 129 of the CAA also requires the EPA to promulgate 
emission guidelines for solid waste incineration units that emit 
specific air pollutants or a mixture of air pollutants. These 
pollutants include organics (dioxins and dibenzofurans), carbon 
monoxide, metals (cadmium, lead and mercury), acid gases (hydrogen 
chloride, sulfur dioxide and oxides of nitrogen), particulate matter 
and opacity (as appropriate).
    On March 21, 2011 (76 FR 15372), the EPA promulgated new source 
performance standards and emission guidelines for sewage sludge 
incineration (SSI) units at 40 CFR part 60 subparts LLLL and MMMM, 
respectively. The designated facility to which the emission guidelines 
applies is existing SSI units, as stipulated in subpart MMMM, that 
commenced construction on or before October 14, 2010.
    Pursuant to section 129 of the CAA, state plan requirements must be 
``at least as protective'' as the emission guidelines and become 
federally enforceable upon approval by the EPA. The procedures for 
adoption and submittal of state plans are codified in 40 CFR part 60, 
subpart B. For states that fail to submit a plan, the EPA is required 
to develop and implement a Federal Plan within two years following 
promulgation of the emission guidelines. The EPA implementation and 
enforcement of the Federal Plan is viewed as an interim measure until 
states assume their role as the preferred implementers of the emission 
guidelines requirements stipulated in the Federal Plan. Accordingly, 
the EPA promulgated the SSI Federal Plan on April 29, 2016. In this 
rulemaking, the EPA strongly encouraged state and local agencies in 
jurisdictions that did not submit approvable State Plans to request 
delegation of the SSI Federal Plan so that they can have the primary 
responsibility for implementing and enforcing regulations affecting 
existing source SSI unit, consistent with the intent of section 129 of 
the CAA.

III. What was submitted by the NH DES and how did the EPA respond?

    On November 14, 2017, the NH DES submitted to the EPA a request for 
delegation of authority to implement and enforce the SSI Federal Plan. 
The EPA evaluated the NH DES request for delegation pursuant to the 
provisions of the SSI Federal Plan and the EPA's Delegation Manual.\1\ 
Section 62.15865 of the SSI Federal Plan establishes that a state may 
meet its CAA section 111(d)/129 obligations by submitting an acceptable 
written request for delegation of the Federal Plan that includes the 
following requirements: (1) A demonstration of adequate resources and 
legal authority to administer and enforce the Federal Plan; (2) an 
inventory of affected SSI units, an inventory of emissions from 
affected SSI units, and provisions for state progress reports (see 
items under Sec.  [thinsp]60.5015(a)(1), (2) and (7) from the SSI 
emission guidelines); (3) certification that the hearing on the state 
delegation request, similar to the hearing for a state plan submittal, 
was held, a list of witnesses and their organizational affiliations, if 
any, appearing at the hearing, and a brief written summary of each 
presentation or written submission; and (4) a commitment to enter into 
a MoA with the Regional Administrator that sets forth the terms, 
conditions and effective date of the delegation and that serves as the 
mechanism for the transfer of authority.
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    \1\ Section 7-139 of the EPA's Delegation Manual is entitled 
``Implementation and Enforcement of 111(d)(2) and 111(d)/129(b)(3) 
Federal Plans'' and the reader may refer to it in the docket for 
this rulemaking at www.regulations.gov (see Docket ID Number EPA-
R01-OAR-2018-0069).
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    In parallel with our review of the delegation request, the EPA 
prepared the MoA which defines the policies, responsibilities, and 
procedures by which the SSI Federal Plan will be administered by both 
the NH DES and the EPA. The MoA is the mechanism for the transfer of 
responsibility from the EPA to the NH DES.

[[Page 11654]]

    Both the EPA and the NH DES signed the MoA in which the parties 
agreed to the terms and conditions regarding the responsibility to 
implement and enforce the policies, responsibilities and procedures of 
the SSI Federal Plan. The MoA became effective upon signature by the 
EPA on December 22, 2017.
    Under the EPA's Delegation Manual, item 7-139, the Regional 
Administrator is authorized to delegate implementation and enforcement 
of sections 111(d)/129 Federal Plans to state environmental agencies. 
The Regional Administrator may consider delegating authority to 
implement and enforce Federal Plans to a state provided the following 
conditions are met: (1) The state does not already have an EPA approved 
State Plan; (2) the state submits a demonstration of adequate resources 
and legal authority to administer and enforce the Federal Plan; and (3) 
the state enters into a MoA with the Regional Administrator that sets 
forth the terms, conditions and effective date of the delegation and 
that serves as the mechanism for the transfer of authority.
    NH DES has met all of the EPA's delegation requirements as 
described above. The reader may view the NH DES letter to the EPA 
requesting delegation and the MoA signed by both parties at 
www.regulations.gov, identified by Docket ID Number EPA-R01-OAR-2018-
0069.

IV. What is the EPA's proposed conclusion?

    The EPA has evaluated the NH DES submittal for consistency with the 
CAA, EPA regulations, and EPA policy. The NH DES has met all the 
requirements of the EPA's guidance for obtaining delegation of 
authority to implement and enforce the SSI Federal Plan. The NH DES 
entered into a MoA with the EPA, and it became effective on December 
22, 2017. Accordingly, the EPA is proposing to approve the NH DES 
request dated November 14, 2017 for delegation of authority to 
implement and enforce the Federal Plan for existing SSI units. The EPA 
will continue to retain certain specific authorities reserved to the 
EPA in the SSI Federal Plan and as indicated in the MoA (e.g., 
authority to approve major alternatives to test methods or monitoring, 
etc.).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
state plan submission that complies with the provisions of the CAA 
section 111(d) and 129(b)(2) and applicable Federal regulations. 42 
U.S.C. 7411(d) and 7429(b)(2); 40 CFR 62.02(a). Thus, in reviewing 
state plan submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves a state delegation request as meeting Federal 
requirements and does not impose additional requirements beyond those 
already imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rulemaking does not apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Waste treatment and disposal.

    Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-05316 Filed 3-15-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 11652                     Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules

                                                 because the rule will have no                             (e) Use lists and tables wherever                   western edge of the park (approximately
                                                 substantial direct effect on federally                  possible.                                             1.17 miles).
                                                 recognized Indian tribes.                                 If you feel that the NPS has not met                  (2) A map showing trails open to
                                                   Nevertheless, the NPS recognizes that                 these requirements, send the NPS                      bicycle use will be available at park
                                                 the park contains significant                           comments by one of the methods listed                 visitor centers and posted on the park
                                                 archeological sites and the Trail of                    in the ADDRESSES section. To better help              website. The Superintendent will
                                                 Tears, which are considered very                        the NPS revise the rule, your comments                provide notice of all bicycle route
                                                 important to the following tribes:                      should be as specific as possible. For                designations in accordance with § 1.7 of
                                                 Absentee Shawnee Tribe, Cherokee                        example, you should identify the                      this chapter. The Superintendent may
                                                 Nation of Oklahoma, Jena Band of the                    numbers of the sections or paragraphs                 limit, restrict, or impose conditions on
                                                 Choctaw Indians, The Osage Nation,                      that you find unclear, which sections or              bicycle use, or close any trail to bicycle
                                                 Shawnee Tribe of Oklahoma, Quapaw                       sentences are too long, the sections                  use, or terminate such conditions,
                                                 Tribe of Oklahoma, United Keetoowah                     where you feel lists or tables would be               closures, limits, or restrictions in
                                                 Band of Cherokee Indians, The                           useful, etc.                                          accordance with § 4.30 of this chapter.
                                                 Chickasaw Nation, Caddo Nation, and                                                                             (b) [Reserved]
                                                                                                         Public Participation
                                                 the Muscogee (Creek) Nation. The park
                                                                                                            It is the policy of the Department of              Jason Larrabee,
                                                 consulted with these tribes throughout
                                                                                                         the Interior, whenever practicable, to                Principal Deputy Assistant Secretary for Fish
                                                 the development of the EA and
                                                                                                         afford the public an opportunity to                   and Wildlife and Parks, Exercising the
                                                 incorporated comments by adjusting                                                                            Authority of the Assistant Secretary for Fish
                                                 proposed trails to mitigate or avoid                    participate in the rulemaking process.                and Wildlife and Parks.
                                                 impacts to these areas of interest.                     Accordingly, interested persons may
                                                                                                                                                               [FR Doc. 2018–05414 Filed 3–15–18; 8:45 am]
                                                                                                         submit written comments regarding this
                                                 Paperwork Reduction Act                                 proposed rule by one of the methods                   BILLING CODE 4310–EJ–P

                                                   This rule does not contain                            listed in the ADDRESSES section of this
                                                 information collection requirements,                    document.
                                                 and a submission to the Office of                                                                             ENVIRONMENTAL PROTECTION
                                                                                                         Public Availability of Comments                       AGENCY
                                                 Management and Budget under the
                                                 Paperwork Reduction Act is not                            Before including your address, phone
                                                                                                         number, email address, or other                       40 CFR Part 62
                                                 required. The NPS may not conduct or
                                                 sponsor and you are not required to                     personal identifying information in your              [EPA–R01–OAR–2018–0069; FRL–9975–
                                                 respond to a collection of information                  comment, you should be aware that                     17—Region 1]
                                                 unless it displays a currently valid OMB                your entire comment—including your
                                                 control number.                                         personal identifying information—may                  Approval and Promulgation of State
                                                                                                         be made publicly available at any time.               Plans for Designated Facilities and
                                                 National Environmental Policy Act                       While you can ask the NPS in your                     Pollutants; New Hampshire; Delegation
                                                    The NPS has prepared the EA to                       comment to withhold your personal                     of Authority
                                                 determine whether this rule will have a                 identifying information from public                   AGENCY:  Environmental Protection
                                                 significant impact on the quality of the                review, the NPS cannot guarantee that it              Agency (EPA).
                                                 human environment under the National                    will be able to do so.
                                                                                                                                                               ACTION: Proposed rule.
                                                 Environmental Policy Act of 1969. A
                                                                                                         List of Subjects in 36 CFR Part 7
                                                 copy of the EA can be found online at                                                                         SUMMARY:   The Environmental Protection
                                                 http://parkplanning.nps.gov/peri, by                      District of Columbia, National parks,               Agency (EPA) is proposing to approve a
                                                 clicking on the link entitled ‘‘Trail                   Reporting and recordkeeping                           request from the New Hampshire
                                                 Master Plan/Environmental                               requirements.                                         Department of Environmental Services
                                                 Assessment’’ and then clicking on the                     In consideration of the foregoing, the              (NH DES) for delegation of authority to
                                                 link entitled ‘‘Document List.’’                        National Park Service proposes to                     implement and enforce the Federal Plan
                                                                                                         amend 36 CFR part 7 as set forth below:               Requirements for Sewage Sludge
                                                 Effects on the Energy Supply (Executive
                                                 Order 13211)                                                                                                  Incineration Units Constructed on or
                                                                                                         PART 7—SPECIAL REGULATIONS,
                                                                                                                                                               before October 14, 2010 (SSI Federal
                                                   This rule is not a significant energy                 AREAS OF THE NATIONAL PARK
                                                                                                                                                               Plan). under Clean Air Act (CAA).
                                                 action under the definition in Executive                SYSTEM
                                                                                                                                                               DATES: Written comments must be
                                                 Order 13211. A Statement of Energy
                                                                                                         ■ 1. The authority citation for part 7                received on or before April 16, 2018.
                                                 Effects in not required.
                                                                                                         continues to read as follows:                         ADDRESSES: Submit your comments,
                                                 Clarity of This Rule                                      Authority: 54 U.S.C. 100101, 100751,                identified by Docket ID No. EPA–R01–
                                                    The NPS is required by Executive                     320102; Sec. 7.96 also issued under D.C.              OAR–2018–0069 at
                                                 Orders 12866 (section 1(b)(12)) and                     Code 10–137 and D.C. Code 50–2201.07.                 www.regulations.gov, or via email to
                                                 12988 (section 3(b)(1)(B)), and 13563                   ■   2. Add § 7.95 to read as follows:                 bird.patrick@epa.gov. For comments
                                                 (section 1(a)), and by the Presidential                                                                       submitted at Regulations.gov, follow the
                                                 Memorandum of June 1, 1998, to write                    § 7.95   Pea Ridge National Military Park.            online instructions for submitting
                                                 all rules in plain language. This means                   (a) Bicycle Use. (1) The                            comments. Once submitted, comments
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                                                 that each rule the NPS publishes must:                  Superintendent may designate all or                   cannot be edited or removed from
                                                    (a) Be logically organized;                          portions of the following trails as open              Regulations.gov. For either manner of
                                                    (b) Use the active voice to address                  to bicycle use:                                       submission, the EPA may publish any
                                                 readers directly;                                         (i) A trail from U.S. Highway 62 to the             comment received to its public docket.
                                                    (c) Use common, everyday words and                   visitor center (approximately 0.55                    Do not submit electronically any
                                                 clear language rather than jargon;                      miles).                                               information you consider to be
                                                    (d) Be divided into short sections and                 (ii) A trail from Arkansas Highway 72               Confidential Business Information (CBI)
                                                 sentences; and                                          to the Sugar Creek Greenway on the                    or other information whose disclosure is


                                            VerDate Sep<11>2014   16:06 Mar 15, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\16MRP1.SGM   16MRP1


                                                                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules                                                  11653

                                                 restricted by statute. Multimedia                       implementation and enforcement                        states assume their role as the preferred
                                                 submissions (audio, video, etc.) must be                responsibility from the EPA to the NH                 implementers of the emission guidelines
                                                 accompanied by a written comment.                       DES for all affected facilities within the            requirements stipulated in the Federal
                                                 The written comment is considered the                   jurisdiction of the State of New                      Plan. Accordingly, the EPA promulgated
                                                 official comment and should include                     Hampshire. However, nothing in this                   the SSI Federal Plan on April 29, 2016.
                                                 discussion of all points you wish to                    action, nor in the MoA, shall be                      In this rulemaking, the EPA strongly
                                                 make. The EPA will generally not                        construed to prohibit the EPA from                    encouraged state and local agencies in
                                                 consider comments or comment                            enforcing the SSI Federal Plan.                       jurisdictions that did not submit
                                                 contents located outside of the primary                                                                       approvable State Plans to request
                                                                                                         II. What are the CAA requirements?
                                                 submission (i.e., on the web, cloud, or                                                                       delegation of the SSI Federal Plan so
                                                 other file sharing system). For                            Sections 111(d) and 129 of the CAA                 that they can have the primary
                                                 additional submission methods, please                   require states to submit plans to control             responsibility for implementing and
                                                 contact the person identified in the FOR                certain pollutants (designated                        enforcing regulations affecting existing
                                                 FURTHER INFORMATION CONTACT section.                    pollutants) at existing solid waste                   source SSI unit, consistent with the
                                                 For the full EPA public comment policy,                 combustor facilities (designated                      intent of section 129 of the CAA.
                                                 information about CBI or multimedia                     facilities) whenever standards of
                                                                                                         performance have been established                     III. What was submitted by the NH DES
                                                 submissions, and general guidance on                                                                          and how did the EPA respond?
                                                 making effective comments, please visit                 under section 111(b) for new sources of
                                                 www.epa.gov/dockets/commenting-epa-                     the same type and the EPA has                            On November 14, 2017, the NH DES
                                                 dockets. Publicly available docket                      established emission guidelines for such              submitted to the EPA a request for
                                                 materials are available at                              existing sources. A designated pollutant              delegation of authority to implement
                                                 www.regulations.gov or at the U.S.                      is any pollutant for which no air quality             and enforce the SSI Federal Plan. The
                                                 Environmental Protection Agency, EPA                    criteria has been issued or which is not              EPA evaluated the NH DES request for
                                                 New England Regional Office, Office of                  included on a list published under                    delegation pursuant to the provisions of
                                                 Ecosystem Protection, Air Quality                       section 108(a) (national ambient air                  the SSI Federal Plan and the EPA’s
                                                 Planning Unit, 5 Post Office Square—                    quality standards) or section 112                     Delegation Manual.1 Section 62.15865
                                                 Suite 100, Boston, MA. EPA requests                     (hazardous air pollutants) of the CAA,                of the SSI Federal Plan establishes that
                                                 that if at all possible, you contact the                but emissions of which would be                       a state may meet its CAA section 111(d)/
                                                 contact listed in the FOR FURTHER                       subject to a standard of performance for              129 obligations by submitting an
                                                                                                         new stationary sources under section                  acceptable written request for delegation
                                                 INFORMATION CONTACT section to
                                                                                                         111(b). In addition, section 129 of the               of the Federal Plan that includes the
                                                 schedule your inspection. The Regional
                                                                                                         CAA also requires the EPA to                          following requirements: (1) A
                                                 Office’s official hours of business are
                                                                                                         promulgate emission guidelines for                    demonstration of adequate resources
                                                 Monday through Friday, 8:30 a.m. to
                                                                                                         solid waste incineration units that emit              and legal authority to administer and
                                                 4:30 p.m., excluding legal holidays.
                                                                                                         specific air pollutants or a mixture of air           enforce the Federal Plan; (2) an
                                                 FOR FURTHER INFORMATION CONTACT:                        pollutants. These pollutants include                  inventory of affected SSI units, an
                                                 Patrick Bird, Air Permits, Toxic, &                     organics (dioxins and dibenzofurans),                 inventory of emissions from affected SSI
                                                 Indoor Programs Unit, U.S.                              carbon monoxide, metals (cadmium,                     units, and provisions for state progress
                                                 Environmental Protection Agency,                        lead and mercury), acid gases (hydrogen               reports (see items under § 60.5015(a)(1),
                                                 Region 1, 5 Post Office Square—Suite                    chloride, sulfur dioxide and oxides of                (2) and (7) from the SSI emission
                                                 100, Mail Code: OEP05–2, Boston, MA                     nitrogen), particulate matter and opacity             guidelines); (3) certification that the
                                                 02109–3912, tel. (617) 918–1287, email                  (as appropriate).                                     hearing on the state delegation request,
                                                 bird.patrick@epa.gov.                                      On March 21, 2011 (76 FR 15372), the               similar to the hearing for a state plan
                                                 SUPPLEMENTARY INFORMATION:                              EPA promulgated new source                            submittal, was held, a list of witnesses
                                                 Throughout this document whenever                       performance standards and emission                    and their organizational affiliations, if
                                                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             guidelines for sewage sludge                          any, appearing at the hearing, and a
                                                 EPA.                                                    incineration (SSI) units at 40 CFR part               brief written summary of each
                                                 Table of Contents                                       60 subparts LLLL and MMMM,                            presentation or written submission; and
                                                                                                         respectively. The designated facility to              (4) a commitment to enter into a MoA
                                                 I. What action is the EPA proposing to take             which the emission guidelines applies                 with the Regional Administrator that
                                                      today?                                             is existing SSI units, as stipulated in               sets forth the terms, conditions and
                                                 II. What are the CAA requirements?
                                                                                                         subpart MMMM, that commenced                          effective date of the delegation and that
                                                 III. What was submitted by the NH DES and
                                                      how did the EPA respond?                           construction on or before October 14,                 serves as the mechanism for the transfer
                                                 IV. What is the EPA’s proposed conclusion?              2010.                                                 of authority.
                                                 V. Statutory and Executive Order Reviews                   Pursuant to section 129 of the CAA,                   In parallel with our review of the
                                                                                                         state plan requirements must be ‘‘at                  delegation request, the EPA prepared
                                                 I. What action is the EPA proposing to                  least as protective’’ as the emission                 the MoA which defines the policies,
                                                 take today?                                             guidelines and become federally                       responsibilities, and procedures by
                                                    The EPA is proposing to approve the                  enforceable upon approval by the EPA.                 which the SSI Federal Plan will be
                                                 NH DES request for delegation of                        The procedures for adoption and                       administered by both the NH DES and
                                                 authority to implement and enforce the                  submittal of state plans are codified in              the EPA. The MoA is the mechanism for
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                                                 SSI Federal Plan found at 40 CFR part                   40 CFR part 60, subpart B. For states                 the transfer of responsibility from the
                                                 62 subpart LLL and to adhere to the                     that fail to submit a plan, the EPA is                EPA to the NH DES.
                                                 terms and conditions prescribed in the                  required to develop and implement a
                                                 Memorandum of Agreement (MoA)                           Federal Plan within two years following                  1 Section 7–139 of the EPA’s Delegation Manual

                                                 signed by the EPA and the NH DES, as                    promulgation of the emission                          is entitled ‘‘Implementation and Enforcement of
                                                                                                                                                               111(d)(2) and 111(d)/129(b)(3) Federal Plans’’ and
                                                 further explained further in this action.               guidelines. The EPA implementation                    the reader may refer to it in the docket for this
                                                 The purpose of this SSI Federal Plan                    and enforcement of the Federal Plan is                rulemaking at www.regulations.gov (see Docket ID
                                                 delegation is to transfer primary                       viewed as an interim measure until                    Number EPA–R01–OAR–2018–0069).



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                                                 11654                     Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules

                                                    Both the EPA and the NH DES signed                   and 7429(b)(2); 40 CFR 62.02(a). Thus,                List of Subjects in 40 CFR Part 62
                                                 the MoA in which the parties agreed to                  in reviewing state plan submissions,                     Environmental protection, Air
                                                 the terms and conditions regarding the                  EPA’s role is to approve state choices,               pollution control, Administrative
                                                 responsibility to implement and enforce                 provided that they meet the criteria of               practice and procedure, Carbon
                                                 the policies, responsibilities and                      the CAA. Accordingly, this action                     monoxide, Intergovernmental relations,
                                                 procedures of the SSI Federal Plan. The                 merely approves a state delegation                    Lead, Nitrogen dioxide, Particulate
                                                 MoA became effective upon signature                     request as meeting Federal requirements               matter, Reporting and recordkeeping
                                                 by the EPA on December 22, 2017.                        and does not impose additional                        requirements, Sulfur oxides, Waste
                                                    Under the EPA’s Delegation Manual,                   requirements beyond those already                     treatment and disposal.
                                                 item 7–139, the Regional Administrator                  imposed by state law. For that reason,
                                                 is authorized to delegate                               this action:                                            Dated: March 8, 2018.
                                                 implementation and enforcement of                          • Is not a significant regulatory action           Alexandra Dapolito Dunn,
                                                 sections 111(d)/129 Federal Plans to                    subject to review by the Office of                    Regional Administrator, EPA Region 1.
                                                 state environmental agencies. The                       Management and Budget under                           [FR Doc. 2018–05316 Filed 3–15–18; 8:45 am]
                                                 Regional Administrator may consider                     Executive Orders12866 (58 FR 51735,                   BILLING CODE 6560–50–P
                                                 delegating authority to implement and                   October 4, 1993) and 13563 (76 FR 3821,
                                                 enforce Federal Plans to a state provided               January 21, 2011);
                                                 the following conditions are met: (1)                                                                         ENVIRONMENTAL PROTECTION
                                                                                                            • Does not impose an information
                                                 The state does not already have an EPA                                                                        AGENCY
                                                                                                         collection burden under the provisions
                                                 approved State Plan; (2) the state
                                                                                                         of the Paperwork Reduction Act (44
                                                 submits a demonstration of adequate                                                                           40 CFR Parts 260, 261, 264, 265, 268,
                                                                                                         U.S.C. 3501 et seq.);
                                                 resources and legal authority to                                                                              270, and 273
                                                 administer and enforce the Federal Plan;                   • Is certified as not having a
                                                                                                         significant economic impact on a                      [EPA–HQ–OLEM–2017–0463; FRL–9975–
                                                 and (3) the state enters into a MoA with                                                                      44–OLEM]
                                                 the Regional Administrator that sets                    substantial number of small entities
                                                 forth the terms, conditions and effective               under the Regulatory Flexibility Act (5               RIN 2050–AG92
                                                 date of the delegation and that serves as               U.S.C. 601 et seq.);
                                                 the mechanism for the transfer of                          • Does not contain any unfunded                    Increasing Recycling: Adding Aerosol
                                                 authority.                                              mandate or significantly or uniquely                  Cans to the Universal Waste
                                                    NH DES has met all of the EPA’s                      affect small governments, as described                Regulations
                                                 delegation requirements as described                    in the Unfunded Mandates Reform Act                   AGENCY:  Environmental Protection
                                                 above. The reader may view the NH DES                   of 1995 (Pub. L. 104–4);                              Agency (EPA).
                                                 letter to the EPA requesting delegation                    • Does not have Federalism
                                                                                                                                                               ACTION: Proposed rule.
                                                 and the MoA signed by both parties at                   implications as specified in Executive
                                                 www.regulations.gov, identified by                      Order 13132 (64 FR 43255, August 10,                  SUMMARY:   The Environmental Protection
                                                 Docket ID Number EPA–R01–OAR–                           1999);                                                Agency (EPA or the Agency) is
                                                 2018–0069.                                                 • Is not an economically significant               proposing to add hazardous waste
                                                 IV. What is the EPA’s proposed                          regulatory action based on health or                  aerosol cans to the universal waste
                                                 conclusion?                                             safety risks subject to Executive Order               program under the federal Resource
                                                                                                         13045 (62 FR 19885, April 23, 1997);                  Conservation and Recovery Act (RCRA)
                                                   The EPA has evaluated the NH DES                         • Is not a significant regulatory action           regulations. This proposed change, once
                                                 submittal for consistency with the CAA,                 subject to Executive Order 13211 (66 FR               finalized, would benefit the wide
                                                 EPA regulations, and EPA policy. The                    28355, May 22, 2001);                                 variety of establishments generating and
                                                 NH DES has met all the requirements of
                                                 the EPA’s guidance for obtaining                           • Is not subject to requirements of                managing hazardous waste aerosol cans,
                                                                                                         Section 12(d) of the National                         including the retail sector, by providing
                                                 delegation of authority to implement                                                                          a clear, protective system for managing
                                                 and enforce the SSI Federal Plan. The                   Technology Transfer and Advancement
                                                                                                         Act of 1995 (15 U.S.C. 272 note) because              discarded aerosol cans. The streamlined
                                                 NH DES entered into a MoA with the                                                                            universal waste regulations are expected
                                                 EPA, and it became effective on                         application of those requirements would
                                                                                                         be inconsistent with the Clean Air Act;               to ease regulatory burdens on retail
                                                 December 22, 2017. Accordingly, the                                                                           stores and others that discard hazardous
                                                 EPA is proposing to approve the NH                      and
                                                                                                            • Does not provide EPA with the                    waste aerosol cans; promote the
                                                 DES request dated November 14, 2017                                                                           collection and recycling of these cans;
                                                 for delegation of authority to implement                discretionary authority to address, as
                                                                                                         appropriate, disproportionate human                   and encourage the development of
                                                 and enforce the Federal Plan for existing                                                                     municipal and commercial programs to
                                                 SSI units. The EPA will continue to                     health or environmental effects, using
                                                                                                         practicable and legally permissible                   reduce the quantity of these wastes
                                                 retain certain specific authorities                                                                           going to municipal solid waste landfills
                                                 reserved to the EPA in the SSI Federal                  methods, under Executive Order 12898
                                                                                                         (59 FR 7629, February 16, 1994).                      or combustors.
                                                 Plan and as indicated in the MoA (e.g.,
                                                                                                            In addition, this rulemaking does not              DATES: Comments must be received on
                                                 authority to approve major alternatives
                                                 to test methods or monitoring, etc.).                   apply on any Indian reservation land or               or before May 15, 2018. Under the
                                                                                                         in any other area where EPA or an                     Paperwork Reduction Act (PRA),
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 V. Statutory and Executive Order                        Indian tribe has demonstrated that a                  comments on the information collection
                                                 Reviews                                                 tribe has jurisdiction. In those areas of             provisions are best assured of
                                                   Under the Clean Air Act, the                          Indian country, the rule does not have                consideration if the Office of
                                                 Administrator is required to approve a                  tribal implications and will not impose               Management and Budget (OMB)
                                                 state plan submission that complies                     substantial direct costs on tribal                    receives a copy of your comments on or
                                                 with the provisions of the CAA section                  governments or preempt tribal law as                  before April 16, 2018.
                                                 111(d) and 129(b)(2) and applicable                     specified by Executive Order 13175 (65                ADDRESSES: Submit your comments,
                                                 Federal regulations. 42 U.S.C. 7411(d)                  FR 67249, November 9, 2000).                          identified by Docket ID No. EPA–HQ–


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Document Created: 2018-03-16 01:12:08
Document Modified: 2018-03-16 01:12:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before April 16, 2018.
ContactPatrick Bird, Air Permits, Toxic, & Indoor Programs Unit, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square--Suite 100, Mail Code: OEP05-2, Boston, MA 02109- 3912, tel. (617) 918-1287, email [email protected]
FR Citation83 FR 11652 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Administrative Practice and Procedure; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Waste Treatment and Disposal

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