Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, 11416-11418 [2018-05294]
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11416
Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations
to minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: March 12, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–05297 Filed 3–14–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2017–0453; FRL–9975–33–
Region 3]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; City of
Philadelphia; Control of Emissions
From Existing Hospital/Medical/
Infectious Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
reaffirm and reapprove a negative
declaration for existing hospital/
medical/infectious waste incinerator
(HMIWI) units within the City of
Philadelphia. This negative declaration
certifies that existing HMIWI 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
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–2017–0453. All
documents in the docket are listed on
the https://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 https://
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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Jkt 244001
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 gordon.mike@epa.gov.
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 September 15, 1997 (62 FR 48348),
EPA first promulgated HMIWI unit new
source performance standards, 40 CFR
part 60, subpart Ec, and emission
guidelines for existing facilities, subpart
Ce. These regulations were then
amended on October 6, 2009 (74 FR
51368) and on April 4, 2011 (76 FR
18407).
The designated facilities to which the
EG apply are existing HMIWI units that:
(1) Commenced construction on or
before June 20, 1996, or for which
modification was commenced on or
before March 16, 1998; or (2)
commenced construction after June 20,
1996 but no later than December 1,
2008, or for which modification
commenced after March 16, 1998 but no
later than April 6, 2010, with limited
exceptions as provided in paragraphs 40
CFR 60.32e(b) through (h).
Subpart B and Ce of 40 CFR part 60
establish procedures to be followed and
requirements to be met in the
development and submission of state
plans for controlling designated
pollutants from existing HMIWI
facilities. Also, 40 CFR part 62 provides
the procedural framework for the
submission of these plans. When
existing designated facilities are located
in a state, the state must then develop
and submit a plan for the control of the
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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 section 111(d)/129(b) plan.
On October 12, 2017 (82 FR 47398
and 82 FR 47421), 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 HMIWI units subject to the
requirements of sections 111(d) and 129
of the CAA in its respective air
pollution control jurisdiction. EPA
explained that if it did not receive an
adverse comment on the NPR, the DFR
would take effect with no further
administrative action. EPA received an
adverse comment on the NPR and
attempted to withdraw the DFR prior to
its effective date of December 11, 2017.
However, EPA inadvertently did not
withdraw the DFR prior to that date and
the rule prematurely became effective
on December 11, 2017, revising 40 CFR
part 62 to reflect the approval of the
negative declaration. In the NPR, EPA
had proposed to approve the negative
declaration. In this final rulemaking,
EPA is responding to the comment
submitted on the proposed approval of
the negative declaration and approving
the negative declaration. This action
supersedes the prior DFR which went in
to effect prematurely and had an
effective date of December 11, 2017.
II. State Submittal and EPA Analysis
Philadelphia AMS has determined
that there are no existing HMIWI 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
August 2, 2011. The negative
declaration letter and EPA’s technical
support document for this action are
available in the docket for this
rulemaking and online at
www.regulations.gov.
III. Public Comment and EPA Response
EPA received one adverse comment
on the proposed approval of the
negative declaration for existing HMIWI
units submitted by Philadelphia AMS.
Comment: The commenter stated that
EPA must ensure that no additional
HMIWI units have been constructed
since the time of Philadelphia’s
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Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations
certification letter. The commenter also
asserted that since so much time has
passed since the submittal of the
negative declaration, EPA cannot rely
on such an outdated form of information
to ensure no units have been built.
Response: EPA does not agree with
the commenter’s assertion that EPA
must ensure that no additional HMIWI
units have been constructed since
Philadelphia AMS submitted the
negative declaration on August 2, 2011
in order to finalize this action. As stated
in the technical support document for
the NPR and the emission guidelines for
existing HMIWI units (40 CFR 60
subpart Ce), the designated facilities to
which the EG apply are existing HMIWI
units that: (1) Commenced construction
on or before June 20, 1996, or for which
modification was commenced on or
before March 16, 1998; or (2)
commenced construction after June 20,
1996 but no later than December 1,
2008, or for which modification
commenced after March 16, 1998 but no
later than April 6, 2010, with limited
exceptions as provided in paragraphs 40
CFR 60.32e(b) through (h). 40 CFR
60.32e(a). Thus, to obtain EPA approval
of Philadelphia’s negative declaration
regarding existing HMIWI units,
Philadelphia only needed to assert no
HMIWI units exist that commenced
construction before December 1, 2008 or
commenced modification before April 6,
2010. Because Philadelphia’s August 2,
2011 submittal meets that criterion,
Philadelphia’s negative declaration did
not need to address whether any new
units have been constructed since the
time of Philadelphia’s certification letter
on August 2, 2011. EPA’s acceptance of
Philadelphia’s negative declaration
therefore is appropriate.
HMIWI units constructed in
Philadelphia after the above cited dates
would be considered ‘‘new,’’ as opposed
to ‘‘existing,’’ and therefore would be
subject to a separate rule—40 CFR 60
subpart Ec, ‘‘Standards of Performance
for New Stationary Sources: Hospital/
Medical/Infectious Waste Incinerators.’’
EPA is not aware of any new HMIWI
units within the jurisdictional
boundaries of Philadelphia AMS. If EPA
became aware of a new HMIWI unit in
Philadelphia, it would have no bearing
on the approvability of this HMIWI
negative declaration because it only
pertains to existing sources.
At the time of Philadelphia’s
submission, EPA worked with
Philadelphia AMS and reviewed
Philadelphia’s inventory of sources to
ensure no existing HMIWI units existed
within Philadelphia, and the commenter
has not provided any information to the
contrary that would cause EPA to
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reconsider the assessment of
Philadelphia AMS’s negative
declaration. EPA is therefore finalizing
the negative declaration for existing
HMIWI units in this action.
IV. Final Action
In this final action, EPA is reaffirming
and reapproving the previous
amendment to 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 HMIWI
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
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11417
existing HMIWI 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
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Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations
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
existing HMIWI 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.
[FR Doc. 2018–05294 Filed 3–14–18; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:08 Mar 14, 2018
Jkt 244001
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 https://
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 gordon.mike@epa.gov.
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
PO 00000
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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,
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]]>Agencies
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11416-11418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05294]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2017-0453; FRL-9975-33-Region 3]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; City of Philadelphia; Control of
Emissions From Existing Hospital/Medical/Infectious Waste Incinerator
Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to reaffirm and reapprove a
negative declaration for existing hospital/medical/infectious waste
incinerator (HMIWI) units within the City of Philadelphia. This
negative declaration certifies that existing HMIWI 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 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-2017-0453. All documents in the docket are listed on
the https://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
https://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 September 15, 1997 (62 FR 48348), EPA first promulgated HMIWI
unit new source performance standards, 40 CFR part 60, subpart Ec, and
emission guidelines for existing facilities, subpart Ce. These
regulations were then amended on October 6, 2009 (74 FR 51368) and on
April 4, 2011 (76 FR 18407).
The designated facilities to which the EG apply are existing HMIWI
units that: (1) Commenced construction on or before June 20, 1996, or
for which modification was commenced on or before March 16, 1998; or
(2) commenced construction after June 20, 1996 but no later than
December 1, 2008, or for which modification commenced after March 16,
1998 but no later than April 6, 2010, with limited exceptions as
provided in paragraphs 40 CFR 60.32e(b) through (h).
Subpart B and Ce of 40 CFR part 60 establish procedures to be
followed and requirements to be met in the development and submission
of state plans for controlling designated pollutants from existing
HMIWI facilities. Also, 40 CFR part 62 provides the procedural
framework for the submission of these plans. When existing 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 section 111(d)/129(b)
plan.
On October 12, 2017 (82 FR 47398 and 82 FR 47421), 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
HMIWI units subject to the requirements of sections 111(d) and 129 of
the CAA in its respective air pollution control jurisdiction. EPA
explained that if it did not receive an adverse comment on the NPR, the
DFR would take effect with no further administrative action. EPA
received an adverse comment on the NPR and attempted to withdraw the
DFR prior to its effective date of December 11, 2017. However, EPA
inadvertently did not withdraw the DFR prior to that date and the rule
prematurely became effective on December 11, 2017, revising 40 CFR part
62 to reflect the approval of the negative declaration. In the NPR, EPA
had proposed to approve the negative declaration. In this final
rulemaking, EPA is responding to the comment submitted on the proposed
approval of the negative declaration and approving the negative
declaration. This action supersedes the prior DFR which went in to
effect prematurely and had an effective date of December 11, 2017.
II. State Submittal and EPA Analysis
Philadelphia AMS has determined that there are no existing HMIWI
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 August 2, 2011. The negative declaration letter
and EPA's technical support document for this action are available in
the docket for this rulemaking and online at www.regulations.gov.
III. Public Comment and EPA Response
EPA received one adverse comment on the proposed approval of the
negative declaration for existing HMIWI units submitted by Philadelphia
AMS.
Comment: The commenter stated that EPA must ensure that no
additional HMIWI units have been constructed since the time of
Philadelphia's
[[Page 11417]]
certification letter. The commenter also asserted that since so much
time has passed since the submittal of the negative declaration, EPA
cannot rely on such an outdated form of information to ensure no units
have been built.
Response: EPA does not agree with the commenter's assertion that
EPA must ensure that no additional HMIWI units have been constructed
since Philadelphia AMS submitted the negative declaration on August 2,
2011 in order to finalize this action. As stated in the technical
support document for the NPR and the emission guidelines for existing
HMIWI units (40 CFR 60 subpart Ce), the designated facilities to which
the EG apply are existing HMIWI units that: (1) Commenced construction
on or before June 20, 1996, or for which modification was commenced on
or before March 16, 1998; or (2) commenced construction after June 20,
1996 but no later than December 1, 2008, or for which modification
commenced after March 16, 1998 but no later than April 6, 2010, with
limited exceptions as provided in paragraphs 40 CFR 60.32e(b) through
(h). 40 CFR 60.32e(a). Thus, to obtain EPA approval of Philadelphia's
negative declaration regarding existing HMIWI units, Philadelphia only
needed to assert no HMIWI units exist that commenced construction
before December 1, 2008 or commenced modification before April 6, 2010.
Because Philadelphia's August 2, 2011 submittal meets that criterion,
Philadelphia's negative declaration did not need to address whether any
new units have been constructed since the time of Philadelphia's
certification letter on August 2, 2011. EPA's acceptance of
Philadelphia's negative declaration therefore is appropriate.
HMIWI units constructed in Philadelphia after the above cited dates
would be considered ``new,'' as opposed to ``existing,'' and therefore
would be subject to a separate rule--40 CFR 60 subpart Ec, ``Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators.'' EPA is not aware of any new HMIWI units within
the jurisdictional boundaries of Philadelphia AMS. If EPA became aware
of a new HMIWI unit in Philadelphia, it would have no bearing on the
approvability of this HMIWI negative declaration because it only
pertains to existing sources.
At the time of Philadelphia's submission, EPA worked with
Philadelphia AMS and reviewed Philadelphia's inventory of sources to
ensure no existing HMIWI 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 is therefore finalizing the negative declaration for
existing HMIWI units in this action.
IV. Final Action
In this final action, EPA is reaffirming and reapproving the
previous amendment to 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 HMIWI 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 HMIWI 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
[[Page 11418]]
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 existing HMIWI 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.
[FR Doc. 2018-05294 Filed 3-14-18; 8:45 am]
BILLING CODE 6560-50-P
