83_FR_19269 83 FR 19184 - Delegation of Authority to North Carolina and the Western North Carolina Regional Air Quality Agency of Federal Plan for Existing Sewage Sludge Incineration Units

83 FR 19184 - Delegation of Authority to North Carolina and the Western North Carolina Regional Air Quality Agency of Federal Plan for Existing Sewage Sludge Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range19184-19186
FR Document2018-09202

The EPA is providing notice of and is codifying its prior approval of requests submitted by the North Carolina Department of Environmental Quality (NCDEQ), through its Division of Air Quality, and the Western North Carolina Regional Air Quality Agency (WNCRAQA) for delegation of authority to implement and enforce the Federal plan for existing affected Sewage Sludge Incineration (SSI) units. The Federal plan establishes emission limits and monitoring, operating, and recordkeeping requirements for SSI units constructed on or before October 14, 2010. NCDEQ and WNCRAQA representatives have signed separate but similar Memoranda of Agreement (MOAs), each of which constitutes the mechanism for the transfer of authority from the EPA to each respective air pollution control agency. The MOAs and the corresponding delegations of authority were effective upon signature by the Regional Administrator on April 2, 2018. The MOAs delineate policies, responsibilities, and procedures by which the Federal plan will be administered and enforced by the NCDEQ and WNCRAQA, respectively, as well as the authorities retained by the EPA.

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Rules and Regulations]
[Pages 19184-19186]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09202]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2018-0119; FRL-9977-22--Region 4]


Delegation of Authority to North Carolina and the Western North 
Carolina Regional Air Quality Agency of Federal Plan for Existing 
Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is providing notice of and is codifying its prior 
approval of requests submitted by the North Carolina Department of 
Environmental Quality (NCDEQ), through its Division of Air Quality, and 
the Western North Carolina Regional Air Quality Agency (WNCRAQA) for 
delegation of authority to implement and enforce the Federal plan for 
existing affected Sewage Sludge Incineration (SSI) units. The Federal 
plan establishes emission limits and monitoring, operating, and 
recordkeeping requirements for SSI units constructed on or before 
October 14, 2010. NCDEQ and WNCRAQA representatives have signed 
separate but similar Memoranda of Agreement (MOAs), each of which 
constitutes the mechanism for the transfer of authority from the EPA to 
each respective air pollution control agency. The MOAs and the 
corresponding delegations of authority were effective upon signature by 
the Regional Administrator on April 2, 2018. The MOAs delineate 
policies, responsibilities, and procedures by which the Federal plan 
will be administered and enforced by the NCDEQ and WNCRAQA, 
respectively, as well as the authorities retained by the EPA.

DATES: This rule is effective on June 1, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R04-OAR-2018-0119. The index to the 
docket for this action is available electronically at 
www.regulations.gov and in hard copy at EPA Region 4, 61 Forsyth St. 
SW, Atlanta, Georgia. While all documents in the docket are listed in 
the index, some information may be publicly available only at the hard 
copy location (e.g., copyrighted material), and some may not be 
publicly available at either location (e.g., confidential business 
information).

FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency Region 
4, 61 Forsyth Street SW, Atlanta, Georgia, 30303-8960. Mr. Bloeth can 
be reached via telephone at (404) 562-9013 and via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 129 of the Clean Air Act (the ``CAA'' or ``Act''), titled 
``Solid Waste Combustion,'' requires the EPA to develop and adopt 
standards for solid waste incineration units pursuant to sections 
111(d) and 129 of the Act. On March 21, 2011, the EPA promulgated new 
source performance standards (NSPS) and emissions guidelines (EG) for 
SSI units located at wastewater treatment facilities designed to treat 
domestic sewage sludge. See 76 FR 15372. Codified at 40 CFR part 60, 
subparts LLLL and MMMM, these final rules set limits for nine 
pollutants under section 129 of the CAA: Cadmium (Cd), carbon monoxide 
(CO), hydrogen chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides 
(NOX), particulate matter (PM), polychlorinated dibenzo-p-
dioxins and polychlorinated dibenzofurans (PCDDs/PCFDs), and sulfur 
dioxide (SO2). The EG apply to existing SSI units, which are 
those units that commenced construction on or before October 14, 2010. 
See 40 CFR 60.5060.
    CAA section 129 also requires each state in which SSI units are 
operating to submit a plan to implement and enforce the EG with respect 
to such units. State plan requirements must be ``at least as 
protective'' as the EG and become federally enforceable upon approval 
by

[[Page 19185]]

the EPA. The procedures for adoption and submittal of state plans are 
codified in 40 CFR part 60, subpart B. The SSI EG include a model rule 
that states may use to develop their own plans.
    On April 29, 2016, the EPA finalized a Federal plan that implements 
the EG in states that do not have an approved state plan. 81 FR 26040. 
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 EG requirements stipulated in the Federal plan. 
Accordingly, the EPA encourages states to either develop their own plan 
(the EG model rule or the Federal plan can be used as a template to 
reduce the effort needed to develop a plan), or to request delegation 
of the Federal plan, as the NCDEQ and WNCRAQA have done. State plans 
and requests for delegations of authority that have been approved by 
EPA are reflected in the Code of Federal Regulations at 40 CFR part 62, 
subparts B through DDD.

II. Submittal and EPA Approval of Requests for Delegation of the 
Federal Plan

    On December 9, 2016, and February 7, 2017, the NCDEQ and WNCRAQA, 
respectively, requested delegation of authority from EPA to implement 
and enforce the Federal plan for existing SSI units, codified at 40 CFR 
part 62 subpart LLL. The scope of the request from the NCDEQ included 
all affected facilities within the State of North Carolina, except 
Buncombe County and the City of Asheville. The WNCRAQA submitted a 
separate delegation request which included all affected facilities 
within Buncombe County and the City of Asheville. The delegation of 
authority does not apply to sources located in Indian Country.
    The EPA evaluates requests for delegation of the SSI Federal plan 
pursuant to the provisions of the SSI Federal plan and the EPA's 
Delegations Manual. Pursuant to the SSI Federal plan, 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 elements: (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 40 
CFR[thinsp]60.5015(a)(1), (2) and (7) from the SSI EG); (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. 40 CFR 62.15865; see also 81 FR 26060-61. 
The NCDEQ and the WNCRAQA met delegation requirements (1) through (3) 
described above, as well as requirement (4), which is addressed below.
    Pursuant to the EPA's Delegations Manual, item 7-139, 
Implementation and Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) 
Federal Plans, a copy of which is included in the Supporting Documents 
for this action, the Regional Administrator is authorized to delegate 
authority to implement and enforce section 111(d)/129 Federal plans to 
states. Whereas a state plan implementing the EG must be submitted by 
the state, a local agency may directly request delegation of authority 
to implement the SSI Federal plan with respect to sources within its 
jurisdiction, provided it has authority under state law to do so and 
has met the delegation requirements identified above. See 81 FR 26054-
55. The requirements and limitations of a delegation agreement are set 
forth in item 7-139. Consistent with those requirements, the EPA 
prepared MOAs between the EPA and the NCDEQ and between the EPA and the 
WNCRAQA, each of which defines policies, responsibilities, and 
procedures pursuant to the SSI Federal plan by which the Federal plan 
will be administered by each agency. Subsequently, on January 30, 2018, 
Michael S. Regan, Secretary of the NCDEQ, and on January 12, 2018, 
David A. Brigman, Director of the WNCRAQA, signed the respective MOAs, 
thus agreeing to the terms and conditions of the MOAs and accepting 
responsibility for implementation and enforcement of the policies and 
procedures of the Federal plan, except for certain authorities (e.g., 
approval of major alternatives to test methods or monitoring) retained 
by the EPA. The EPA continues to retain enforcement authority along 
with the NCDEQ and the WNCRAQA. The MOAs, and resulting delegation of 
authority, became effective upon signature by the Regional 
Administrator on April 2, 2018.

III. EPA Action

    In this action, EPA is notifying the public of and is codifying its 
delegation of authority to implement and enforce the Federal plan to 
the NCDEQ and WNCRAQA. The Code of Federal Regulations is being amended 
as indicated below.

IV. Good Cause Finding

    Section 553(b) of the Administrative Procedure Act (APA) requires 
publication of notice of proposed rulemaking and specifies what the 
notice shall include. See 5 U.S.C. 553(b). However, the APA provides an 
exception from this requirement ``when the agency for good cause finds 
(and incorporates the finding and a brief statement of reasons therefor 
in the rules issued) that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(3)(B).
    The EPA has found good cause for making today's action final 
without prior proposal and opportunity for comment because this 
ministerial action merely codifies EPA's delegation of authority to 
implement and enforce the SSI Federal plan to the NCDEQ and the 
WNCRAQA. This action does not alter the universe of sources regulated 
under the Federal plan, nor does it change the regulatory requirements 
applicable to those sources. In these circumstances, notice and comment 
procedures are unnecessary.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to delegate the 
authority to implement a Federal 111(d)/129 plan that complies with the 
provisions of the CAA and applicable Federal regulations. See 40 CFR 
60.27. In reviewing 111(d)/129 Federal plan delegation requests, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA and of EPA's implementing regulations. Accordingly, this 
action merely codifies in the Code of Federal Regulations EPA's 
delegation of authority to implement the Federal plan and does not 
impose additional requirements beyond those imposed by the already-
applicable Federal plan. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (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

[[Page 19186]]

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); and
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001).
In addition, this rule 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 CAA. It also 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).
    This action 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. As such, it does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Manufacturing, Phosphate, Reporting and 
recordkeeping requirements, Sulfur oxides, Waste treatment and 
disposal.

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

    Dated: April 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart II--North Carolina

0
2. Add an undesignated center heading and Sec. Sec.  62.8362 and 
62.8363 to subpart II to read as follows:

Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
111(d)/129 Plan


Sec.  62.8362  Identification of plan--North Carolina Department of 
Environmental Quality.

    (a) Delegation of authority. On April 2, 2018, the EPA signed a 
Memorandum of Agreement (MOA) that defines policies, responsibilities, 
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal 
plan'') by which the Federal plan will be administered by the North 
Carolina Department of Environmental Quality (NCDEQ).
    (b) Identification of sources. The MOA and related Federal plan 
apply to all affected SSI units for which construction commenced on or 
before October 14, 2010.
    (c) Effective date of delegation. The delegation became fully 
effective on April 2, 2018, the effective date of the MOA between the 
EPA and the NCDEQ.


Sec.  62.8363  Identification of plan--Western North Carolina Regional 
Air Quality Agency.

    (a) Delegation of authority. On April 2, 2018, the EPA signed a 
Memorandum of Agreement (MOA) that defines policies, responsibilities, 
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal 
plan'') by which the Federal plan will be administered by the Western 
North Carolina Regional Air Quality Agency (WNCRAQA).
    (b) Identification of sources. The MOA and related Federal plan 
apply to all affected SSI units for which construction commenced on or 
before October 14, 2010.
    (c) Effective date of delegation. The delegation became fully 
effective on April 2, 2018, the effective date of the MOA between the 
EPA and the WNCRAQA.

[FR Doc. 2018-09202 Filed 5-1-18; 8:45 am]
BILLING CODE 6560-50-P



                                             19184                Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations

                                             Distribution, or Use’’ (66 FR 28355, May                      Dated: April 19, 2018.                             administration of Class I administrative
                                             22, 2001) because it is not likely to have                R.D. James,                                            penalty orders under Section 309(g) of
                                             a significant adverse effect on the                       Assistant Secretary of the Army (Civil Works).         the Clean Water Act, judicially-imposed
                                             supply, distribution, or use of energy.                                                                          civil penalties under Section 404(s) of
                                                                                                         For the reasons set forth in the                     the Clean Water Act, and Section 205 of
                                             This rule relates only to the adjustments
                                                                                                       preamble, the Corps amends 33 CFR                      the National Fishing Enhancement Act.
                                             to civil penalties to account for
                                                                                                       part 326 as follows:                                   Under Section 309(g)(2)(A) of the Clean
                                             inflation. This rule is consistent with
                                             current agency practice, does not                         PART 326—ENFORCEMENT                                   Water Act, Class I civil penalties may
                                             impose new substantive requirements,                                                                             not exceed $21,394 per violation, except
                                             and therefore will not have a significant                 ■ 1. The authority citation for part 326               that the maximum amount of any Class
                                             adverse effect on the supply,                             continues to read as follows:                          I civil penalty shall not exceed $53,484.
                                             distribution, or use of energy.                             Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.          Under Section 404(s)(4) of the Clean
                                                                                                       1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33               Water Act, judicially-imposed civil
                                             List of Subjects in 33 CFR Part 326                       U.S.C. 1319; 28 U.S.C. 2461 note.                      penalties may not exceed $53,484 per
                                                                                                       ■ 2. Amend § 326.6 by revising                         day for each violation. Under Section
                                               Administrative practice and
                                                                                                       paragraph (a)(1) to read as follows:                   205(e) of the National Fishing
                                             procedure, Intergovernmental relations,                                                                          Enhancement Act, penalties for
                                             Investigations, Law enforcement,                          § 326.6    Class I administrative penalties.           violations of permits issued in
                                             Navigation (water), Water pollution                         (a) Introduction. (1) This section sets              accordance with that Act shall not
                                             control, Waterways.                                       forth procedures for initiation and                    exceed $23,426 for each violation.

                                                                                                                                      Statutory civil monetary penalty amount for violations that occurred
                                                              Environmental statute and U.S. Code citation                            after November 2, 2015, and are assessed on or after May 2, 2018

                                             Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A)                    $21,394 per violation, with a maximum of $53,484.
                                             CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ........................................   Maximum of $53,484 per day for each violation.
                                             National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e)                     Maximum of $23,426 per violation.



                                             *      *       *       *      *                           (MOAs), each of which constitutes the                  and via electronic mail at bloeth.mark@
                                             [FR Doc. 2018–09316 Filed 5–1–18; 8:45 am]                mechanism for the transfer of authority                epa.gov.
                                             BILLING CODE 3720–58–P                                    from the EPA to each respective air                    SUPPLEMENTARY INFORMATION:
                                                                                                       pollution control agency. The MOAs
                                                                                                       and the corresponding delegations of                   I. Background
                                             ENVIRONMENTAL PROTECTION                                  authority were effective upon signature                   Section 129 of the Clean Air Act (the
                                             AGENCY                                                    by the Regional Administrator on April                 ‘‘CAA’’ or ‘‘Act’’), titled ‘‘Solid Waste
                                                                                                       2, 2018. The MOAs delineate policies,                  Combustion,’’ requires the EPA to
                                             40 CFR Part 62                                            responsibilities, and procedures by                    develop and adopt standards for solid
                                                                                                       which the Federal plan will be                         waste incineration units pursuant to
                                             [EPA–R04–OAR–2018–0119; FRL–9977–
                                             22—Region 4]
                                                                                                       administered and enforced by the                       sections 111(d) and 129 of the Act. On
                                                                                                       NCDEQ and WNCRAQA, respectively,                       March 21, 2011, the EPA promulgated
                                             Delegation of Authority to North                          as well as the authorities retained by the             new source performance standards
                                             Carolina and the Western North                            EPA.                                                   (NSPS) and emissions guidelines (EG)
                                             Carolina Regional Air Quality Agency                      DATES:    This rule is effective on June 1,            for SSI units located at wastewater
                                             of Federal Plan for Existing Sewage                       2018.                                                  treatment facilities designed to treat
                                             Sludge Incineration Units                                                                                        domestic sewage sludge. See 76 FR
                                                                                                       ADDRESSES:   The EPA has established a
                                             AGENCY:  Environmental Protection                                                                                15372. Codified at 40 CFR part 60,
                                                                                                       docket for this action under Docket
                                             Agency (EPA).                                                                                                    subparts LLLL and MMMM, these final
                                                                                                       Identification No. EPA–R04–OAR–
                                                                                                                                                              rules set limits for nine pollutants under
                                             ACTION: Final rule.                                       2018–0119. The index to the docket for
                                                                                                                                                              section 129 of the CAA: Cadmium (Cd),
                                                                                                       this action is available electronically at
                                             SUMMARY:   The EPA is providing notice                                                                           carbon monoxide (CO), hydrogen
                                                                                                       www.regulations.gov and in hard copy
                                             of and is codifying its prior approval of                                                                        chloride (HCl), lead (Pb), mercury (Hg),
                                                                                                       at EPA Region 4, 61 Forsyth St. SW,
                                             requests submitted by the North                                                                                  nitrogen oxides (NOX), particulate
                                                                                                       Atlanta, Georgia. While all documents
                                             Carolina Department of Environmental                                                                             matter (PM), polychlorinated dibenzo-p-
                                                                                                       in the docket are listed in the index,
                                             Quality (NCDEQ), through its Division                                                                            dioxins and polychlorinated
                                                                                                       some information may be publicly
                                             of Air Quality, and the Western North                                                                            dibenzofurans (PCDDs/PCFDs), and
                                                                                                       available only at the hard copy location
                                             Carolina Regional Air Quality Agency                                                                             sulfur dioxide (SO2). The EG apply to
                                                                                                       (e.g., copyrighted material), and some
                                             (WNCRAQA) for delegation of authority                                                                            existing SSI units, which are those units
                                                                                                       may not be publicly available at either
                                             to implement and enforce the Federal                                                                             that commenced construction on or
                                                                                                       location (e.g., confidential business
                                             plan for existing affected Sewage Sludge                                                                         before October 14, 2010. See 40 CFR
                                                                                                       information).
                                             Incineration (SSI) units. The Federal                                                                            60.5060.
                                             plan establishes emission limits and                      FOR FURTHER INFORMATION CONTACT:                          CAA section 129 also requires each
daltland on DSKBBV9HB2PROD with RULES




                                             monitoring, operating, and                                Mark Bloeth, Air, Pesticides and Toxics                state in which SSI units are operating to
                                             recordkeeping requirements for SSI                        Management Division, U.S.                              submit a plan to implement and enforce
                                             units constructed on or before October                    Environmental Protection Agency                        the EG with respect to such units. State
                                             14, 2010. NCDEQ and WNCRAQA                               Region 4, 61 Forsyth Street SW, Atlanta,               plan requirements must be ‘‘at least as
                                             representatives have signed separate but                  Georgia, 30303–8960. Mr. Bloeth can be                 protective’’ as the EG and become
                                             similar Memoranda of Agreement                            reached via telephone at (404) 562–9013                federally enforceable upon approval by


                                        VerDate Sep<11>2014     16:16 May 01, 2018   Jkt 244001   PO 00000   Frm 00026    Fmt 4700   Sfmt 4700   E:\FR\FM\02MYR1.SGM   02MYR1


                                                                Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations                                          19185

                                             the EPA. The procedures for adoption                    organizational affiliations, if any,                  the Federal plan to the NCDEQ and
                                             and submittal of state plans are codified               appearing at the hearing, and a brief                 WNCRAQA. The Code of Federal
                                             in 40 CFR part 60, subpart B. The SSI                   written summary of each presentation or               Regulations is being amended as
                                             EG include a model rule that states may                 written submission; and (4) a                         indicated below.
                                             use to develop their own plans.                         commitment to enter into a MOA with
                                                On April 29, 2016, the EPA finalized                                                                       IV. Good Cause Finding
                                                                                                     the Regional Administrator that sets
                                             a Federal plan that implements the EG                   forth the terms, conditions, and effective              Section 553(b) of the Administrative
                                             in states that do not have an approved                  date of the delegation and that serves as             Procedure Act (APA) requires
                                             state plan. 81 FR 26040. EPA                            the mechanism for the transfer of                     publication of notice of proposed
                                             implementation and enforcement of the                   authority. 40 CFR 62.15865; see also 81               rulemaking and specifies what the
                                             Federal plan is viewed as an interim                    FR 26060–61. The NCDEQ and the                        notice shall include. See 5 U.S.C.
                                             measure until states assume their role as               WNCRAQA met delegation                                553(b). However, the APA provides an
                                             the preferred implementers of the EG                    requirements (1) through (3) described                exception from this requirement ‘‘when
                                             requirements stipulated in the Federal                  above, as well as requirement (4), which              the agency for good cause finds (and
                                             plan. Accordingly, the EPA encourages                   is addressed below.                                   incorporates the finding and a brief
                                             states to either develop their own plan                    Pursuant to the EPA’s Delegations                  statement of reasons therefor in the
                                             (the EG model rule or the Federal plan                  Manual, item 7–139, Implementation                    rules issued) that notice and public
                                             can be used as a template to reduce the                 and Enforcement of 111(d)(2) and                      procedure thereon are impracticable,
                                             effort needed to develop a plan), or to                 111(d)(2)/129(b)(3) Federal Plans, a                  unnecessary, or contrary to the public
                                             request delegation of the Federal plan,                 copy of which is included in the                      interest.’’ 5 U.S.C. 553(b)(3)(B).
                                             as the NCDEQ and WNCRAQA have                           Supporting Documents for this action,                   The EPA has found good cause for
                                             done. State plans and requests for                      the Regional Administrator is                         making today’s action final without
                                             delegations of authority that have been                 authorized to delegate authority to                   prior proposal and opportunity for
                                             approved by EPA are reflected in the                    implement and enforce section 111(d)/                 comment because this ministerial action
                                             Code of Federal Regulations at 40 CFR                   129 Federal plans to states. Whereas a                merely codifies EPA’s delegation of
                                             part 62, subparts B through DDD.                        state plan implementing the EG must be                authority to implement and enforce the
                                                                                                     submitted by the state, a local agency                SSI Federal plan to the NCDEQ and the
                                             II. Submittal and EPA Approval of
                                                                                                     may directly request delegation of                    WNCRAQA. This action does not alter
                                             Requests for Delegation of the Federal
                                                                                                     authority to implement the SSI Federal                the universe of sources regulated under
                                             Plan
                                                                                                     plan with respect to sources within its               the Federal plan, nor does it change the
                                                On December 9, 2016, and February 7,                 jurisdiction, provided it has authority               regulatory requirements applicable to
                                             2017, the NCDEQ and WNCRAQA,                            under state law to do so and has met the              those sources. In these circumstances,
                                             respectively, requested delegation of                   delegation requirements identified                    notice and comment procedures are
                                             authority from EPA to implement and                     above. See 81 FR 26054–55. The                        unnecessary.
                                             enforce the Federal plan for existing SSI               requirements and limitations of a
                                             units, codified at 40 CFR part 62 subpart                                                                     V. Statutory and Executive Order
                                                                                                     delegation agreement are set forth in
                                             LLL. The scope of the request from the                                                                        Reviews
                                                                                                     item 7–139. Consistent with those
                                             NCDEQ included all affected facilities                  requirements, the EPA prepared MOAs                     Under the CAA, the Administrator
                                             within the State of North Carolina,                     between the EPA and the NCDEQ and                     has the authority to delegate the
                                             except Buncombe County and the City                     between the EPA and the WNCRAQA,                      authority to implement a Federal
                                             of Asheville. The WNCRAQA submitted                     each of which defines policies,                       111(d)/129 plan that complies with the
                                             a separate delegation request which                     responsibilities, and procedures                      provisions of the CAA and applicable
                                             included all affected facilities within                 pursuant to the SSI Federal plan by                   Federal regulations. See 40 CFR 60.27.
                                             Buncombe County and the City of                         which the Federal plan will be                        In reviewing 111(d)/129 Federal plan
                                             Asheville. The delegation of authority                  administered by each agency.                          delegation requests, EPA’s role is to
                                             does not apply to sources located in                    Subsequently, on January 30, 2018,                    approve state choices, provided that
                                             Indian Country.                                         Michael S. Regan, Secretary of the                    they meet the criteria of the CAA and of
                                                The EPA evaluates requests for                       NCDEQ, and on January 12, 2018, David                 EPA’s implementing regulations.
                                             delegation of the SSI Federal plan                      A. Brigman, Director of the WNCRAQA,                  Accordingly, this action merely codifies
                                             pursuant to the provisions of the SSI                   signed the respective MOAs, thus                      in the Code of Federal Regulations
                                             Federal plan and the EPA’s Delegations                  agreeing to the terms and conditions of               EPA’s delegation of authority to
                                             Manual. Pursuant to the SSI Federal                     the MOAs and accepting responsibility                 implement the Federal plan and does
                                             plan, a state may meet its CAA section                  for implementation and enforcement of                 not impose additional requirements
                                             111(d)/129 obligations by submitting an                 the policies and procedures of the                    beyond those imposed by the already-
                                             acceptable written request for delegation               Federal plan, except for certain                      applicable Federal plan. For that reason,
                                             of the Federal plan that includes the                   authorities (e.g., approval of major                  this action:
                                             following elements: (1) A demonstration                 alternatives to test methods or                         • Is not a significant regulatory action
                                             of adequate resources and legal                         monitoring) retained by the EPA. The                  subject to review by the Office of
                                             authority to administer and enforce the                 EPA continues to retain enforcement                   Management and Budget under
                                             Federal plan; (2) an inventory of                       authority along with the NCDEQ and the                Executive Orders 12866 (58 FR 51735,
                                             affected SSI units, an inventory of                     WNCRAQA. The MOAs, and resulting                      October 4, 1993) and 13563 (76 FR 3821,
                                             emissions from affected SSI units, and                  delegation of authority, became effective             January 21, 2011);
                                             provisions for state progress reports (see                                                                      • Does not impose an information
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                                                                                                     upon signature by the Regional
                                             items under 40 CFR 60.5015(a)(1), (2)                   Administrator on April 2, 2018.                       collection burden under the provisions
                                             and (7) from the SSI EG); (3)                                                                                 of the Paperwork Reduction Act (44
                                             certification that the hearing on the state             III. EPA Action                                       U.S.C. 3501 et seq.);
                                             delegation request, similar to the                         In this action, EPA is notifying the                 • Is certified as not having a
                                             hearing for a state plan submittal, was                 public of and is codifying its delegation             significant economic impact on a
                                             held, a list of witnesses and their                     of authority to implement and enforce                 substantial number of small entities


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                                             19186              Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations

                                             under the Regulatory Flexibility Act (5                   Dated: April 2, 2018.                                  (b) Identification of sources. The
                                             U.S.C. 601 et seq.);                                    Onis ‘‘Trey’’ Glenn, III,                             MOA and related Federal plan apply to
                                                • Does not contain any unfunded                      Regional Administrator, Region 4.                     all affected SSI units for which
                                             mandate or significantly or uniquely                        40 CFR part 62 is amended as follows:             construction commenced on or before
                                             affect small governments, as described                                                                        October 14, 2010.
                                             in the Unfunded Mandates Reform Act                     PART 62—APPROVAL AND                                     (c) Effective date of delegation. The
                                             of 1995 (Pub. L. 104–4);                                PROMULGATION OF STATE PLANS                           delegation became fully effective on
                                                                                                     FOR DESIGNATED FACILITIES AND                         April 2, 2018, the effective date of the
                                                • Does not have Federalism                           POLLUTANTS                                            MOA between the EPA and the
                                             implications as specified in Executive                                                                        WNCRAQA.
                                             Order 13132 (64 FR 43255, August 10,                    ■ 1. The authority citation for part 62               [FR Doc. 2018–09202 Filed 5–1–18; 8:45 am]
                                             1999);                                                  continues to read as follows:
                                                                                                                                                           BILLING CODE 6560–50–P
                                                • Is not an economically significant                     Authority: 42 U.S.C. 7401 et seq.
                                             regulatory action based on health or
                                             safety risks subject to Executive Order                 Subpart II—North Carolina
                                             13045 (62 FR 19885, April 23, 1997);                                                                          FEDERAL COMMUNICATIONS
                                                                                                     ■ 2. Add an undesignated center
                                             and                                                                                                           COMMISSION
                                                                                                     heading and §§ 62.8362 and 62.8363 to
                                                • Is not a significant regulatory action             subpart II to read as follows:
                                             subject to Executive Order 13211 (66 FR                                                                       47 CFR Parts 1 and 73
                                             28355, May 22, 2001).                                   Air Emissions From Existing Sewage
                                                                                                     Sludge Incinerators (SSI)—Section                     [MB Docket No. 17–106; DA 18–326]
                                             In addition, this rule is not subject to                111(d)/129 Plan
                                             requirements of section 12(d) of the                                                                          Elimination of Main Studio Rule;
                                             National Technology Transfer and                        § 62.8362 Identification of plan—North
                                                                                                     Carolina Department of Environmental
                                                                                                                                                           Petition for Partial Reconsideration
                                             Advancement Act of 1995 (15 U.S.C.
                                             272 note) because application of those                  Quality.                                              AGENCY:   Federal Communications
                                             requirements would be inconsistent                         (a) Delegation of authority. On April              Commission.
                                             with the CAA. It also does not provide                  2, 2018, the EPA signed a Memorandum
                                                                                                                                                           ACTION: Dismissal and denial of petition
                                             EPA with the discretionary authority to                 of Agreement (MOA) that defines
                                                                                                     policies, responsibilities, and                       for partial reconsideration.
                                             address, as appropriate,
                                             disproportionate human health or                        procedures pursuant to 40 CFR part 62,                SUMMARY:   This document dismisses and
                                             environmental effects, using practicable                subpart LLL (the ‘‘Federal plan’’) by                 otherwise denies the Petition for
                                             and legally permissible methods, under                  which the Federal plan will be                        Reconsideration filed by De La Hunt
                                             Executive Order 12898 (59 FR 7629,                      administered by the North Carolina                    Broadcasting Corp. The Commission’s
                                             February 16, 1994).                                     Department of Environmental Quality
                                                                                                                                                           rules provide that a petition for
                                                                                                     (NCDEQ).
                                                This action does not apply on any                                                                          reconsideration which relies on facts or
                                                                                                        (b) Identification of sources. The
                                             Indian reservation land or in any other                 MOA and related Federal plan apply to                 arguments not previously presented to
                                             area where EPA or an Indian tribe has                   all affected SSI units for which                      the Commission will only be granted if
                                             demonstrated that a tribe has                           construction commenced on or before                   one of three circumstances is present,
                                             jurisdiction. As such, it does not have                 October 14, 2010.                                     and the Media Bureau concludes that
                                             tribal implications as specified by                        (c) Effective date of delegation. The              none of the specified circumstances is
                                             Executive Order 13175 (65 FR 67249,                     delegation became fully effective on                  present here. Because this is a fact-
                                             November 9, 2000), nor will it impose                   April 2, 2018, the effective date of the              specific inquiry, and not an issue of
                                             substantial direct costs on tribal                      MOA between the EPA and the NCDEQ.                    general applicability, a waiver request is
                                             governments or preempt tribal law.                                                                            the proper means for considering this
                                                                                                     § 62.8363 Identification of plan—Western              issue, and De La Hunt states that it has
                                             List of Subjects in 40 CFR Part 62                      North Carolina Regional Air Quality Agency.           already requested such a waiver from
                                                                                                        (a) Delegation of authority. On April              the Media Bureau.
                                                Environmental protection,                            2, 2018, the EPA signed a Memorandum
                                             Administrative practice and procedure,                                                                        DATES: May 2, 2018.
                                                                                                     of Agreement (MOA) that defines
                                             Air pollution control, Aluminum,                        policies, responsibilities, and                       ADDRESSES: Federal Communications
                                             Fertilizers, Fluoride, Intergovernmental                procedures pursuant to 40 CFR part 62,                Commission, 445 12th Street SW,
                                             relations, Manufacturing, Phosphate,                    subpart LLL (the ‘‘Federal plan’’) by                 Washington, DC 20554.
                                             Reporting and recordkeeping                             which the Federal plan will be                        FOR FURTHER INFORMATION CONTACT:
                                             requirements, Sulfur oxides, Waste                      administered by the Western North                     Diana Sokolow, Diana.Sokolow@fcc.gov,
                                             treatment and disposal.                                 Carolina Regional Air Quality Agency                  of the Policy Division, Media Bureau,
                                                Authority: 42 U.S.C. 7401 et seq.                    (WNCRAQA).                                            (202) 418–2120.
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Document Created: 2018-05-02 00:49:30
Document Modified: 2018-05-02 00:49:30
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 June 1, 2018.
ContactMark Bloeth, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency Region 4, 61 Forsyth Street SW, Atlanta, Georgia, 30303-8960. Mr. Bloeth can be reached via telephone at (404) 562-9013 and via electronic mail at [email protected]
FR Citation83 FR 19184 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Aluminum; Fertilizers; Fluoride; Intergovernmental Relations; Manufacturing; Phosphate; Reporting and Recordkeeping Requirements; Sulfur Oxides and Waste Treatment and Disposal

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