[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Rules and Regulations]
[Pages 19184-19186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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]
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