[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11418-11420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0509; FRL-9975-38-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to notify the public that it has 
received a negative declaration for sewage sludge incineration (SSI) 
units within the City of Philadelphia. This negative declaration 
certifies that SSI units subject to the requirements of sections 111(d) 
and 129 of the Clean Air Act (CAA) do not exist in Pennsylvania within 
the jurisdictional boundaries of the Philadelphia Air Management 
Service (AMS). EPA is accepting the negative declaration in accordance 
with the requirements of the CAA.

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2017-0509. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 111(d) and 129 of the CAA require states to submit plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established under section 111(b) for new 
sources of the same type, and EPA has established emission guidelines 
(EG) for such existing sources. CAA section 129 directs EPA to 
establish standards of performance for new sources and emissions 
guidelines for existing sources for each category of solid waste 
incineration unit. CAA section 129(a) and (b). EPA also must specify 
numerical emissions limitations for particulate matter (total and 
fine), opacity (as appropriate), sulfur dioxide, hydrogen chloride, 
oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and 
dioxins and dibenzofurans. CAA section 129(a)(4).
    On March 21, 2011 (76 FR 15372), EPA promulgated SSI unit new 
source performance standards, 40 CFR part 60, subpart LLL, and EG at 40 
CFR part 60, subpart MMMM. The designated facilities to which the EG 
apply are existing SSI units that: (1) Commenced construction on or 
before October 14, 2010; (2) meet the definition of a SSI unit as 
defined in 40 CFR 60.5250; and (3) are not exempt under 40 CFR 60.5065.
    Subpart B of 40 CFR part 60 establishes procedures to be followed 
and requirements to be met in the development and submission of state 
plans for controlling designated pollutants. Also, 40 CFR part 62 
provides the procedural framework for the submission of these plans. 
When designated facilities are located in a state, the state must then 
develop and submit a plan for the control of the designated pollutant. 
However, 40 CFR 60.23(b) and 62.06 provide that if there are no 
existing sources of the designated pollutant in the state, the state 
may submit a letter of certification to that effect (i.e., negative 
declaration) in lieu of a plan. The negative declaration exempts the 
state from the requirements of subpart B that require the submittal of 
a CAA section 111(d)/129 plan.
    On October 26, 2017 (82 FR 49563 and 82 FR 49511), EPA 
simultaneously published a notice of proposed rulemaking (NPR) and a 
direct final rule (DFR) for the City of Philadelphia approving a 
negative declaration from Philadelphia AMS that there are no existing 
SSI units subject to the requirements of sections 111(d) and 129 of the 
CAA in its respective air pollution control jurisdiction. EPA received 
an adverse comment on the rulemaking and withdrew the DFR prior to the 
effective date on December 26, 2017 (82 FR 60872). In this final 
rulemaking, EPA is responding to the comment submitted on the proposed 
approval of the negative declaration and is approving the negative 
declaration.

II. State Submittal and EPA Analysis

    Philadelphia AMS has determined that there are no existing SSI 
units subject to the requirements of sections 111(d) and 129 of the CAA 
in its respective air pollution control jurisdiction. Accordingly, 
Philadelphia AMS submitted a negative declaration letter to EPA 
certifying this fact on March 28, 2012. The negative declaration letter 
and EPA's technical support document for this action are available in 
the docket for this rulemaking and are available online at 
www.regulations.gov.

III. Public Comments and EPA Responses

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

[[Page 11419]]

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

IV. Final Action

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

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely notifies the public of EPA receipt of a negative declaration 
from an air pollution control agency without any existing SSI units in 
their jurisdiction. This action imposes no requirements. Accordingly, 
EPA certifies that this rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this action does not 
impose any additional enforceable duty beyond that required by state 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This action also does 
not have tribal implications because it will not have a substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000). This action also does not have Federalism implications because 
it does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves the negative declaration for 
existing SSI units from the Philadelphia AMS and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This action also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    With regard to negative declarations for designated facilities 
received by EPA from states, EPA's role is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to approve or disapprove a CAA section 111(d)/129 
plan negative declaration submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a CAA 
section 111(d)/129 negative declaration, to use VCS in place of a 
section 111(d)/129 negative declaration that otherwise satisfies the 
provisions of the Clean Air Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 14, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving the negative declaration for SSI units 
within the City of Philadelphia may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

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

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


[[Page 11420]]


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

Subpart NN--Pennsylvania

0
2. Subpart NN is amended by adding a new undesignated centerheading and 
Sec.  62.9665 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units


Sec.  62.9665  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted March 28, 2012, certifying that there are no existing sewage 
sludge incineration units within the City of Philadelphia, Pennsylvania 
that are subject to 40 CFR part 60, subpart MMMM.

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


