Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Delaware, District of Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; Control of Emissions From Existing Commercial and Industrial Solid Waste Incinerator Units, 20276-20278 [2017-08657]
Download as PDF
mstockstill on DSK30JT082PROD with RULES
20276
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
be inconsistent with the Clean Air Act;
and
• 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 30, 2017.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 23, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
§ 52.2070
[Amended]
2. In § 52.2070, in the table in
paragraph (c), remove the entry ‘‘Air
Pollution Control Regulation 41’’.
■
[FR Doc. 2017–08655 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2016–0081; FRL–9961–23–
Region 3]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; State of
Delaware, District of Columbia, and
Commonwealth of Pennsylvania, City
of Philadelphia; Control of Emissions
From Existing Commercial and
Industrial Solid Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to notify the public that it has
received negative declarations relating
to commercial and industrial solid
waste incineration (CISWI) units within
the State of Delaware, the District of
Columbia, and the City of Philadelphia
in the Commonwealth of Pennsylvania.
These negative declarations certify that
CISWI units subject to the requirements
of sections 111(d) and 129 of the Clean
Air Act (CAA) do not exist within the
jurisdictional boundaries of the State of
Delaware, the District of Columbia, and
SUMMARY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
the City of Philadelphia in the
Commonwealth of Pennsylvania. EPA is
accepting the negative declarations in
accordance with the requirements of the
CAA.
DATES: This rule is effective on June 30,
2017 without further notice, unless EPA
receives adverse written comment by
May 31, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0081 at https://
www.regulations.gov, or via email to
miller.linda@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Cate Opila, (215) 814–2041, or by
email at opila.marycate@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the CAA
require submittal of state plans to
control certain pollutants (designated
pollutants) at existing solid waste
combustor facilities (designated
facilities) whenever standards of
performance have been established by
EPA 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
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
mstockstill on DSK30JT082PROD with RULES
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. Commercial and Industrial Solid
Waste Incinerators
On December 1, 2000 (60 FR 75338),
the EPA promulgated new source
performance standards for new CISWI
units, 40 CFR part 60, subpart CCCC,
and emission guidelines for existing
CISWI units, 40 CFR part 60, subpart
DDDD. After a series of legal challenges,
amendments, and reconsiderations, the
EPA promulgated the Reconsideration
and Final Amendments for CISWI units
on February 7, 2013 (78 FR 9112)
(providing final standards for new and
existing sources). A CISWI unit is any
distinct operating unit of any
commercial or industrial facility that
combusts, or has combusted in the
preceding six months, any solid waste,
as that term is defined in 40 CFR part
241, Solid Wastes Used as Fuels or
Ingredients in Combustion Units. 40
CFR 60.2875. A state plan must address
all existing CISWI units that
commenced construction on or before
June 4, 2010, or for which modification
or reconstruction was commenced on or
before August 7, 2013, with limited
exceptions as provided in 40 CFR
60.2555. See 40 CFR 60.2550.
As discussed previously, if there are
no designated facilities in the state, the
state may submit a negative declaration
in lieu of a state plan. The EPA will
provide public notice of receipt of a
state’s negative declaration with respect
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
to CISWI. See 40 CFR 60.2530. If any
subsequently identified existing CISWI
unit is found in a state that had
submitted a negative declaration, the
Federal plan implementing the emission
guidelines for subpart DDDD would
automatically apply to that CISWI unit
until a state plan is approved. See 40
CFR 60.2530.
III. State Submittals and EPA Analysis
The State of Delaware, through the
Department of Natural Resources &
Environmental Control (DNREC), the
District of Columbia District through the
Department of Energy & Environment
(DDOEE), and the City of Philadelphia
through the Department of Public
Health, Air Management Services in the
Commonwealth of Pennsylvania
(Philadelphia AMS) have determined
that there are no CISWI units subject to
CAA 111(d)/129 requirements in their
respective jurisdictional boundaries.
Accordingly, each state and local agency
has submitted to EPA a negative
declaration letter certifying this fact.
DNREC submitted a negative declaration
letter to EPA on January 7, 2014. DDOEE
submitted a negative declaration letter
to EPA on November 8, 2013.
Philadelphia AMS submitted a negative
declaration letter to EPA on March 4,
2015. A typographical error in the letter
was noted and clarified by Philadelphia
AMS in an email on February 4, 2016.
These negative declaration letters and a
copy of the February 4, 2016 email are
in the docket for this action and are
available online at https://
www.regulations.gov. A description of
the states’ submittals and EPA’s
rationale for the approval is also set
forth in a technical support document
for this action. Supporting
documentation, including the technical
support document, for this action is
available in the docket for this
rulemaking and available online at
https://www.regulations.gov.
IV. Final Action
In this direct final action, EPA is
amending 40 CFR part 62 to reflect the
receipt of negative declaration letters
from the noted state and local agencies.
EPA accepts these negative declarations
as meeting the requirements in
paragraph 40 CFR 60.23(b).
Amendments are being made to 40 CFR
part 62, subparts I (Delaware), J (District
of Columbia), and 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. EPA is
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
20277
providing notice of receipt of these
negative declarations.
After publication of this Federal
Register action, if a designated facility
(i.e., existing CISWI unit) is later found
within any of the three noted
jurisdictions, then the overlooked
facility will become subject to the
requirements of the federal plan for
CISWI units for that designated facility,
including the compliance schedule,
when promulgated by EPA. See 40 CFR
60.2530. The federal plan would no
longer apply if EPA subsequently
receives and approves a section 111(d)/
129 plan from the jurisdiction with the
overlooked CISWI facility.
EPA is publishing this rule without
prior proposal because EPA views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
action if adverse comments are filed.
This rule will be effective on June 30,
2017 without further notice unless EPA
receives adverse comment by May 31,
2017. If EPA receives adverse comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
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 negative
declarations from air pollution control
agencies without any existing CISWI
units within their jurisdictional
boundaries. 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
E:\FR\FM\01MYR1.SGM
01MYR1
20278
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
mstockstill on DSK30JT082PROD with RULES
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 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 declarations for
existing CISWI units from DNREC,
DDOEE and Philadelphia AMS. The
action 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. This action
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).
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. 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
VerDate Sep<11>2014
16:41 Apr 28, 2017
Jkt 241001
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 June 30, 2017. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action. This action
approving negative declarations for
existing CISWI units from DNREC,
DDOEE and Philadelphia AMS 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, Commercial and
industrial solid waste incineration
units, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: March 21, 2017.
Cecil Rodrigues,
Acting 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
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
§ 62.1985 Identification of plan—negative
declaration.
(a) Letter from the Delaware
Department of Natural Resources and
Environmental Control submitted
November 16, 2001, certifying that there
are no existing commercial/industrial
solid waste incineration units within
the State of Delaware that are subject to
40 CFR part 60, subpart DDDD.
(b) Letter from the Delaware
Department of Natural Resources and
Environmental Control submitted
January 7, 2014, certifying that there are
no existing commercial/industrial solid
waste incineration units within the
State of Delaware that are subject to 40
CFR part 60, subpart DDDD.
Subpart J—District of Columbia
■
3. Revise § 62.2155 to read as follows:
§ 62.2155 Identification of plan—negative
declaration.
(a) Letter from the District of
Columbia Department of Health,
Environmental Health Administration,
submitted November 27, 2001,
certifying that there are no existing
commercial/industrial solid waste
incineration units within the District of
Columbia that are subject to 40 CFR part
60, subpart DDDD.
(b) Letter from the District of
Columbia, District Department of Energy
& Environment, submitted November 8,
2013, certifying that there are no
existing commercial/industrial solid
waste incineration units within the
District of Columbia that are subject to
40 CFR part 60, subpart DDDD.
Subpart NN—Pennsylvania
■
4. Revise § 62.9670 to read as follows:
§ 62.9670 Identification of plan—negative
declaration.
(a) Letter from the City of
Philadelphia, Department of Public
Health, submitted February 9, 2001,
certifying that there are no existing
commercial/industrial solid waste
incineration units within the City of
Philadelphia, Pennsylvania that are
subject to 40 CFR part 60, subpart
DDDD.
(b) Letter from the City of
Philadelphia, Department of Public
Health, submitted March 4, 2015, as
amended February 4, 2016, certifying
that there are no existing commercial/
industrial solid waste incineration units
within the City of Philadelphia,
Pennsylvania that are subject to 40 CFR
part 60, subpart DDDD.
[FR Doc. 2017–08657 Filed 4–28–17; 8:45 am]
■
2. Revise § 62.1985 to read as follows:
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
BILLING CODE 6560–50–P
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20276-20278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08657]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2016-0081; FRL-9961-23-Region 3]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; State of Delaware, District of
Columbia, and Commonwealth of Pennsylvania, City of Philadelphia;
Control of Emissions From Existing Commercial and Industrial Solid
Waste Incinerator Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to notify the public that it has received negative
declarations relating to commercial and industrial solid waste
incineration (CISWI) units within the State of Delaware, the District
of Columbia, and the City of Philadelphia in the Commonwealth of
Pennsylvania. These negative declarations certify that CISWI units
subject to the requirements of sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist within the jurisdictional boundaries of the
State of Delaware, the District of Columbia, and the City of
Philadelphia in the Commonwealth of Pennsylvania. EPA is accepting the
negative declarations in accordance with the requirements of the CAA.
DATES: This rule is effective on June 30, 2017 without further notice,
unless EPA receives adverse written comment by May 31, 2017. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0081 at https://www.regulations.gov, or via email to
miller.linda@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mary Cate Opila, (215) 814-2041, or by
email at opila.marycate@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the CAA require submittal of state plans
to control certain pollutants (designated pollutants) at existing solid
waste combustor facilities (designated facilities) whenever standards
of performance have been established by EPA 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
[[Page 20277]]
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. Commercial and Industrial Solid Waste Incinerators
On December 1, 2000 (60 FR 75338), the EPA promulgated new source
performance standards for new CISWI units, 40 CFR part 60, subpart
CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60,
subpart DDDD. After a series of legal challenges, amendments, and
reconsiderations, the EPA promulgated the Reconsideration and Final
Amendments for CISWI units on February 7, 2013 (78 FR 9112) (providing
final standards for new and existing sources). A CISWI unit is any
distinct operating unit of any commercial or industrial facility that
combusts, or has combusted in the preceding six months, any solid
waste, as that term is defined in 40 CFR part 241, Solid Wastes Used as
Fuels or Ingredients in Combustion Units. 40 CFR 60.2875. A state plan
must address all existing CISWI units that commenced construction on or
before June 4, 2010, or for which modification or reconstruction was
commenced on or before August 7, 2013, with limited exceptions as
provided in 40 CFR 60.2555. See 40 CFR 60.2550.
As discussed previously, if there are no designated facilities in
the state, the state may submit a negative declaration in lieu of a
state plan. The EPA will provide public notice of receipt of a state's
negative declaration with respect to CISWI. See 40 CFR 60.2530. If any
subsequently identified existing CISWI unit is found in a state that
had submitted a negative declaration, the Federal plan implementing the
emission guidelines for subpart DDDD would automatically apply to that
CISWI unit until a state plan is approved. See 40 CFR 60.2530.
III. State Submittals and EPA Analysis
The State of Delaware, through the Department of Natural Resources
& Environmental Control (DNREC), the District of Columbia District
through the Department of Energy & Environment (DDOEE), and the City of
Philadelphia through the Department of Public Health, Air Management
Services in the Commonwealth of Pennsylvania (Philadelphia AMS) have
determined that there are no CISWI units subject to CAA 111(d)/129
requirements in their respective jurisdictional boundaries.
Accordingly, each state and local agency has submitted to EPA a
negative declaration letter certifying this fact. DNREC submitted a
negative declaration letter to EPA on January 7, 2014. DDOEE submitted
a negative declaration letter to EPA on November 8, 2013. Philadelphia
AMS submitted a negative declaration letter to EPA on March 4, 2015. A
typographical error in the letter was noted and clarified by
Philadelphia AMS in an email on February 4, 2016. These negative
declaration letters and a copy of the February 4, 2016 email are in the
docket for this action and are available online at https://www.regulations.gov. A description of the states' submittals and EPA's
rationale for the approval is also set forth in a technical support
document for this action. Supporting documentation, including the
technical support document, for this action is available in the docket
for this rulemaking and available online at https://www.regulations.gov.
IV. Final Action
In this direct final action, EPA is amending 40 CFR part 62 to
reflect the receipt of negative declaration letters from the noted
state and local agencies. EPA accepts these negative declarations as
meeting the requirements in paragraph 40 CFR 60.23(b). Amendments are
being made to 40 CFR part 62, subparts I (Delaware), J (District of
Columbia), and 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. EPA is
providing notice of receipt of these negative declarations.
After publication of this Federal Register action, if a designated
facility (i.e., existing CISWI unit) is later found within any of the
three noted jurisdictions, then the overlooked facility will become
subject to the requirements of the federal plan for CISWI units for
that designated facility, including the compliance schedule, when
promulgated by EPA. See 40 CFR 60.2530. The federal plan would no
longer apply if EPA subsequently receives and approves a section
111(d)/129 plan from the jurisdiction with the overlooked CISWI
facility.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the action if adverse comments are filed. This rule
will be effective on June 30, 2017 without further notice unless EPA
receives adverse comment by May 31, 2017. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
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 negative declarations from
air pollution control agencies without any existing CISWI units within
their jurisdictional boundaries. 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
[[Page 20278]]
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 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
declarations for existing CISWI units from DNREC, DDOEE and
Philadelphia AMS. The action 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. This action 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).
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. 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 June 30, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action approving negative declarations for
existing CISWI units from DNREC, DDOEE and Philadelphia AMS 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, Commercial and industrial solid waste
incineration units, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 21, 2017.
Cecil Rodrigues,
Acting 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. Revise Sec. 62.1985 to read as follows:
Sec. 62.1985 Identification of plan--negative declaration.
(a) Letter from the Delaware Department of Natural Resources and
Environmental Control submitted November 16, 2001, certifying that
there are no existing commercial/industrial solid waste incineration
units within the State of Delaware that are subject to 40 CFR part 60,
subpart DDDD.
(b) Letter from the Delaware Department of Natural Resources and
Environmental Control submitted January 7, 2014, certifying that there
are no existing commercial/industrial solid waste incineration units
within the State of Delaware that are subject to 40 CFR part 60,
subpart DDDD.
Subpart J--District of Columbia
0
3. Revise Sec. 62.2155 to read as follows:
Sec. 62.2155 Identification of plan--negative declaration.
(a) Letter from the District of Columbia Department of Health,
Environmental Health Administration, submitted November 27, 2001,
certifying that there are no existing commercial/industrial solid waste
incineration units within the District of Columbia that are subject to
40 CFR part 60, subpart DDDD.
(b) Letter from the District of Columbia, District Department of
Energy & Environment, submitted November 8, 2013, certifying that there
are no existing commercial/industrial solid waste incineration units
within the District of Columbia that are subject to 40 CFR part 60,
subpart DDDD.
Subpart NN--Pennsylvania
0
4. Revise Sec. 62.9670 to read as follows:
Sec. 62.9670 Identification of plan--negative declaration.
(a) Letter from the City of Philadelphia, Department of Public
Health, submitted February 9, 2001, certifying that there are no
existing commercial/industrial solid waste incineration units within
the City of Philadelphia, Pennsylvania that are subject to 40 CFR part
60, subpart DDDD.
(b) Letter from the City of Philadelphia, Department of Public
Health, submitted March 4, 2015, as amended February 4, 2016,
certifying that there are no existing commercial/industrial solid waste
incineration units within the City of Philadelphia, Pennsylvania that
are subject to 40 CFR part 60, subpart DDDD.
[FR Doc. 2017-08657 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P