[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]
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