TO: File
FROM: Mike Gordon
THRU: Marcos Aquino
DATE: 
                        TECHNICAL SUPPORT DOCUMENT FOR:
                                       
                        ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 62

	[EPA-R03-OAR-2017-0509; FRL-        ]

Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions from Existing Sewage Sludge Incinerator Units


AGENCY:  Environmental Protection Agency (EPA).

RELATED ACTIONS: Proposed rule and direct final rule.

I.  Background
Sections 111(d) and 129 of the CAA require submittal of 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 source category and the EPA has established emission guidelines for such existing sources.  When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutant.  Subpart B of 40 CFR part 60 establishes procedures to be followed and requirements to be met in the development and submission of state plans for controlling designated pollutants from designated facilities under sections 111(d) and 129 of the CAA.  Also, Subpart A of 40 CFR part 62 provides the procedural framework for
the submission of these plans.  

If a state fails to submit a satisfactory plan, the CAA provides the EPA the authority to prescribe a plan for regulating the designated pollutants at the designated facilities. The EPA prescribed plan, also known as a federal plan, is often delegated to states with designated facilities but no EPA approved state-specific plan.  If no such designated facilities exist within a state's jurisdiction, a state may submit to the EPA a letter of certification to that effect (referred to as a negative declaration) in lieu of a state plan to satisfy the state's obligation. 40 CFR 60.23(b) and 62.06.  A negative declaration exempts the state from the requirement to submit a CAA section 111(d)/section 129 plan for that designated pollutant and source category.  40 CFR 60.23(b).

II. Sewage Sludge Incinerators
On March 21, 2011 (76 FR 15372), EPA promulgated SSI unit new source performance standards, 40 CFR part 60, subpart LLLL, and emission guidelines, subpart MMMM.  The designated facilities to which the EG apply are existing SSI units that: 1) commenced construction on or before October 14, 2010; 2) that meet the definition of a SSI unit as defined in §60.5250; and 3) are not exempt under §60.5065.

As discussed above, if there are no designated facilities in the state, the state may submit a negative declaration in lieu of a state plan.  If any subsequently identified existing SSI unit is found in a state that had submitted a negative declaration, the Federal plan implementing the emission guidelines for subpart MMMM would automatically apply to that SSI unit until a state plan is approved.

III.  State Submittals and EPA Analysis
The City of Philadelphia through the Department of Public Health, Air Management Services in the Commonwealth of Pennsylvania (Philadelphia AMS) has determined that there are no SSI units subject to CAA 111(d)/129 requirements in their respective jurisdictional boundaries.  Accordingly, Philadelphia AMS has submitted to EPA a negative declaration letter certifying this fact on March 28, 2012.  This negative declaration letter is in the docket for this action and are available online at www.regulations.gov.   

EPA is amending 40 CFR part 62 to reflect the receipt of the negative declaration letter from the Philadelphia AMS.  EPA accepts this negative declaration as meeting the requirements in 40 CFR 60.23(b).  Amendments are being made to 40 CFR part 62, subpart NN (Pennsylvania).  With respect to subpart NN, this action is only applicable to the City of Philadelphia air pollution control agency's jurisdiction; it does not include the remaining geographical areas in the Commonwealth of Pennsylvania.

