[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15961-15963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0065; FRL-9991-56-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Delegation of Authority of the Federal Plan for Existing 
Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of and is codifying approval of a request submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) 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. A Memorandum of Agreement (MOA) was signed on January 
25, 2019 by PADEP Secretary; Patrick McDonnell. This MOA constitutes 
the mechanism for the transfer of authority from the EPA to the air 
pollution control agency. The MOA became effective upon signature by 
Regional Administrator; Cosmo Servidio on March 1, 2019. The MOA 
delineates policies, responsibilities, and procedures by which the 
Federal plan will be administered and enforced by the PADEP, as well as 
the authorities retained by EPA.

DATES: This final rule is effective on May 17, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0065. All documents in the docket are listed on 
the http://www.regulations.gov website. 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 additionally available 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Gordon, Office of Permits and 
State Programs (3AP10), Air Protection Division, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. The telephone number is (215) 814-2039. Mr. Gordon 
can also be reached 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 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, 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 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, EPA finalized a Federal plan that implements the 
EG in states that do not have an approved state plan. See 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, 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 PADEP has 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. Summary of Action and EPA Analysis

    On September 12, 2016, PADEP 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 
PADEP included all affected facilities within the Commonwealth of 
Pennsylvania, except Allegheny County and the City of Philadelphia.
    EPA evaluates requests for delegation of the SSI Federal plan 
pursuant to the provisions of the SSI Federal plan (See 40 CFR 
62.15865) 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 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

[[Page 15962]]

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. See 40 CFR 62.15865 and 81 FR 26060-61. The PADEP delegation 
request meets requirements (1) through (4).
    Pursuant to 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. 
Consistent with these authorities, EPA prepared a MOA between EPA and 
PADEP which defines policies, responsibilities, and procedures pursuant 
to the SSI Federal plan by which the Federal plan will be administered 
by the State. Subsequently, on January 25, 2019, Patrick McDonnell, 
Secretary of the PADEP, signed the MOA, thus agreeing to the terms and 
conditions of the MOA 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 EPA. The MOA became effective 
upon signature by Regional Administrator; Cosmo Servidio on March 1, 
2019. EPA continues to retain enforcement authority along with the 
PADEP. The delegation of authority is effective on May 17, 2019.

III. Final Action

    In this action, EPA is notifying the public that PADEP is being 
delegated authority to implement and enforce the Federal plan for SSI 
units within the Commonwealth of Pennsylvania. The Code of Federal 
Regulations is being amended at 40 CFR 62.9690 to reflect this 
delegation.

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.'' See 5 
U.S.C. 553(b)(3)(B).
    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 PADEP. 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 111(d)/129 Federal plan that complies with the 
provisions of the CAA and applicable Federal regulations. See 42 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 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) 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 delegating the SSI Federal plan to the Commonwealth of 
Pennsylvania 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, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: March 21, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. Add an undesignated center heading and Sec.  62.9690 to subpart NN 
to read as follows:

AIR EMISSIONS FROM EXISTING SEWAGE SLUDGE INCINERATORS (SSI)--SECTION 
111(d)/129 FEDERAL PLAN DELEGATIONS


Sec.  62.9690  

    (a) Identification of plan--delegation of authority. On March 1, 
2019, 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 Pennsylvania Department of Environmental Protection 
(PADEP).

[[Page 15963]]

    (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 May 17, 2019.

[FR Doc. 2019-06487 Filed 4-16-19; 8:45 am]
 BILLING CODE 6560-50-P