Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority, 11652-11654 [2018-05316]
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules
because the rule will have no
substantial direct effect on federally
recognized Indian tribes.
Nevertheless, the NPS recognizes that
the park contains significant
archeological sites and the Trail of
Tears, which are considered very
important to the following tribes:
Absentee Shawnee Tribe, Cherokee
Nation of Oklahoma, Jena Band of the
Choctaw Indians, The Osage Nation,
Shawnee Tribe of Oklahoma, Quapaw
Tribe of Oklahoma, United Keetoowah
Band of Cherokee Indians, The
Chickasaw Nation, Caddo Nation, and
the Muscogee (Creek) Nation. The park
consulted with these tribes throughout
the development of the EA and
incorporated comments by adjusting
proposed trails to mitigate or avoid
impacts to these areas of interest.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. The NPS may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
National Environmental Policy Act
The NPS has prepared the EA to
determine whether this rule will have a
significant impact on the quality of the
human environment under the National
Environmental Policy Act of 1969. A
copy of the EA can be found online at
https://parkplanning.nps.gov/peri, by
clicking on the link entitled ‘‘Trail
Master Plan/Environmental
Assessment’’ and then clicking on the
link entitled ‘‘Document List.’’
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
daltland on DSKBBV9HB2PROD with PROPOSALS
Clarity of This Rule
The NPS is required by Executive
Orders 12866 (section 1(b)(12)) and
12988 (section 3(b)(1)(B)), and 13563
(section 1(a)), and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use common, everyday words and
clear language rather than jargon;
(d) Be divided into short sections and
sentences; and
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(e) Use lists and tables wherever
possible.
If you feel that the NPS has not met
these requirements, send the NPS
comments by one of the methods listed
in the ADDRESSES section. To better help
the NPS revise the rule, your comments
should be as specific as possible. For
example, you should identify the
numbers of the sections or paragraphs
that you find unclear, which sections or
sentences are too long, the sections
where you feel lists or tables would be
useful, etc.
Public Participation
It is the policy of the Department of
the Interior, whenever practicable, to
afford the public an opportunity to
participate in the rulemaking process.
Accordingly, interested persons may
submit written comments regarding this
proposed rule by one of the methods
listed in the ADDRESSES section of this
document.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask the NPS in your
comment to withhold your personal
identifying information from public
review, the NPS cannot guarantee that it
will be able to do so.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under D.C.
Code 10–137 and D.C. Code 50–2201.07.
■
2. Add § 7.95 to read as follows:
§ 7.95
Pea Ridge National Military Park.
(a) Bicycle Use. (1) The
Superintendent may designate all or
portions of the following trails as open
to bicycle use:
(i) A trail from U.S. Highway 62 to the
visitor center (approximately 0.55
miles).
(ii) A trail from Arkansas Highway 72
to the Sugar Creek Greenway on the
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western edge of the park (approximately
1.17 miles).
(2) A map showing trails open to
bicycle use will be available at park
visitor centers and posted on the park
website. The Superintendent will
provide notice of all bicycle route
designations in accordance with § 1.7 of
this chapter. The Superintendent may
limit, restrict, or impose conditions on
bicycle use, or close any trail to bicycle
use, or terminate such conditions,
closures, limits, or restrictions in
accordance with § 4.30 of this chapter.
(b) [Reserved]
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, Exercising the
Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–05414 Filed 3–15–18; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2018–0069; FRL–9975–
17—Region 1]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; New Hampshire; Delegation
of Authority
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request from the New Hampshire
Department of Environmental Services
(NH DES) for delegation of authority to
implement and enforce the Federal Plan
Requirements for Sewage Sludge
Incineration Units Constructed on or
before October 14, 2010 (SSI Federal
Plan). under Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 16, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2018–0069 at
www.regulations.gov, or via email to
bird.patrick@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, the 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
SUMMARY:
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules
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. The 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
www.epa.gov/dockets/commenting-epadockets. Publicly available docket
materials are available at
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxic, &
Indoor Programs Unit, U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square—Suite
100, Mail Code: OEP05–2, Boston, MA
02109–3912, tel. (617) 918–1287, email
bird.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
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I. What action is the EPA proposing to take
today?
II. What are the CAA requirements?
III. What was submitted by the NH DES and
how did the EPA respond?
IV. What is the EPA’s proposed conclusion?
V. Statutory and Executive Order Reviews
I. What action is the EPA proposing to
take today?
The EPA is proposing to approve the
NH DES request for delegation of
authority to implement and enforce the
SSI Federal Plan found at 40 CFR part
62 subpart LLL and to adhere to the
terms and conditions prescribed in the
Memorandum of Agreement (MoA)
signed by the EPA and the NH DES, as
further explained further in this action.
The purpose of this SSI Federal Plan
delegation is to transfer primary
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implementation and enforcement
responsibility from the EPA to the NH
DES for all affected facilities within the
jurisdiction of the State of New
Hampshire. However, nothing in this
action, nor in the MoA, shall be
construed to prohibit the EPA from
enforcing the SSI Federal Plan.
II. What are the CAA requirements?
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 the EPA has
established emission guidelines for such
existing sources. A designated pollutant
is any pollutant for which no air quality
criteria has been issued or which is not
included on a list published under
section 108(a) (national ambient air
quality standards) or section 112
(hazardous air pollutants) of the CAA,
but emissions of which would be
subject to a standard of performance for
new stationary sources under section
111(b). In addition, section 129 of the
CAA also requires the EPA to
promulgate emission guidelines for
solid waste incineration units that emit
specific air pollutants or a mixture of air
pollutants. These pollutants include
organics (dioxins and dibenzofurans),
carbon monoxide, metals (cadmium,
lead and mercury), acid gases (hydrogen
chloride, sulfur dioxide and oxides of
nitrogen), particulate matter and opacity
(as appropriate).
On March 21, 2011 (76 FR 15372), the
EPA promulgated new source
performance standards and emission
guidelines for sewage sludge
incineration (SSI) units at 40 CFR part
60 subparts LLLL and MMMM,
respectively. The designated facility to
which the emission guidelines applies
is existing SSI units, as stipulated in
subpart MMMM, that commenced
construction on or before October 14,
2010.
Pursuant to section 129 of the CAA,
state plan requirements must be ‘‘at
least as protective’’ as the emission
guidelines and become federally
enforceable upon approval by the EPA.
The procedures for adoption and
submittal of state plans are codified in
40 CFR part 60, subpart B. For states
that fail to submit a plan, the EPA is
required to develop and implement a
Federal Plan within two years following
promulgation of the emission
guidelines. The EPA implementation
and enforcement of the Federal Plan is
viewed as an interim measure until
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11653
states assume their role as the preferred
implementers of the emission guidelines
requirements stipulated in the Federal
Plan. Accordingly, the EPA promulgated
the SSI Federal Plan on April 29, 2016.
In this rulemaking, the EPA strongly
encouraged state and local agencies in
jurisdictions that did not submit
approvable State Plans to request
delegation of the SSI Federal Plan so
that they can have the primary
responsibility for implementing and
enforcing regulations affecting existing
source SSI unit, consistent with the
intent of section 129 of the CAA.
III. What was submitted by the NH DES
and how did the EPA respond?
On November 14, 2017, the NH DES
submitted to the EPA a request for
delegation of authority to implement
and enforce the SSI Federal Plan. The
EPA evaluated the NH DES request for
delegation pursuant to the provisions of
the SSI Federal Plan and the EPA’s
Delegation Manual.1 Section 62.15865
of the SSI Federal Plan establishes that
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 requirements: (1) A
demonstration of adequate resources
and legal authority to administer and
enforce the Federal Plan; (2) an
inventory of affected SSI units, an
inventory of emissions from affected SSI
units, and provisions for state progress
reports (see items under § 60.5015(a)(1),
(2) and (7) from the SSI emission
guidelines); (3) certification that the
hearing on the state delegation request,
similar to the hearing for a state plan
submittal, was held, a list of witnesses
and their organizational affiliations, if
any, appearing at the hearing, and a
brief written summary of each
presentation or written submission; and
(4) a commitment to enter into a MoA
with the Regional Administrator that
sets forth the terms, conditions and
effective date of the delegation and that
serves as the mechanism for the transfer
of authority.
In parallel with our review of the
delegation request, the EPA prepared
the MoA which defines the policies,
responsibilities, and procedures by
which the SSI Federal Plan will be
administered by both the NH DES and
the EPA. The MoA is the mechanism for
the transfer of responsibility from the
EPA to the NH DES.
1 Section 7–139 of the EPA’s Delegation Manual
is entitled ‘‘Implementation and Enforcement of
111(d)(2) and 111(d)/129(b)(3) Federal Plans’’ and
the reader may refer to it in the docket for this
rulemaking at www.regulations.gov (see Docket ID
Number EPA–R01–OAR–2018–0069).
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules
Both the EPA and the NH DES signed
the MoA in which the parties agreed to
the terms and conditions regarding the
responsibility to implement and enforce
the policies, responsibilities and
procedures of the SSI Federal Plan. The
MoA became effective upon signature
by the EPA on December 22, 2017.
Under the EPA’s Delegation Manual,
item 7–139, the Regional Administrator
is authorized to delegate
implementation and enforcement of
sections 111(d)/129 Federal Plans to
state environmental agencies. The
Regional Administrator may consider
delegating authority to implement and
enforce Federal Plans to a state provided
the following conditions are met: (1)
The state does not already have an EPA
approved State Plan; (2) the state
submits a demonstration of adequate
resources and legal authority to
administer and enforce the Federal Plan;
and (3) the state enters 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.
NH DES has met all of the EPA’s
delegation requirements as described
above. The reader may view the NH DES
letter to the EPA requesting delegation
and the MoA signed by both parties at
www.regulations.gov, identified by
Docket ID Number EPA–R01–OAR–
2018–0069.
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IV. What is the EPA’s proposed
conclusion?
The EPA has evaluated the NH DES
submittal for consistency with the CAA,
EPA regulations, and EPA policy. The
NH DES has met all the requirements of
the EPA’s guidance for obtaining
delegation of authority to implement
and enforce the SSI Federal Plan. The
NH DES entered into a MoA with the
EPA, and it became effective on
December 22, 2017. Accordingly, the
EPA is proposing to approve the NH
DES request dated November 14, 2017
for delegation of authority to implement
and enforce the Federal Plan for existing
SSI units. The EPA will continue to
retain certain specific authorities
reserved to the EPA in the SSI Federal
Plan and as indicated in the MoA (e.g.,
authority to approve major alternatives
to test methods or monitoring, etc.).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
state plan submission that complies
with the provisions of the CAA section
111(d) and 129(b)(2) and applicable
Federal regulations. 42 U.S.C. 7411(d)
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and 7429(b)(2); 40 CFR 62.02(a). Thus,
in reviewing state plan submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves a state delegation
request as meeting Federal requirements
and does not impose additional
requirements beyond those already
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders12866 (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);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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, this rulemaking 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. 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).
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List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Carbon
monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Waste
treatment and disposal.
Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–05316 Filed 3–15–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 264, 265, 268,
270, and 273
[EPA–HQ–OLEM–2017–0463; FRL–9975–
44–OLEM]
RIN 2050–AG92
Increasing Recycling: Adding Aerosol
Cans to the Universal Waste
Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA or the Agency) is
proposing to add hazardous waste
aerosol cans to the universal waste
program under the federal Resource
Conservation and Recovery Act (RCRA)
regulations. This proposed change, once
finalized, would benefit the wide
variety of establishments generating and
managing hazardous waste aerosol cans,
including the retail sector, by providing
a clear, protective system for managing
discarded aerosol cans. The streamlined
universal waste regulations are expected
to ease regulatory burdens on retail
stores and others that discard hazardous
waste aerosol cans; promote the
collection and recycling of these cans;
and encourage the development of
municipal and commercial programs to
reduce the quantity of these wastes
going to municipal solid waste landfills
or combustors.
DATES: Comments must be received on
or before May 15, 2018. Under the
Paperwork Reduction Act (PRA),
comments on the information collection
provisions are best assured of
consideration if the Office of
Management and Budget (OMB)
receives a copy of your comments on or
before April 16, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Proposed Rules]
[Pages 11652-11654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05316]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2018-0069; FRL-9975-17--Region 1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; New Hampshire; Delegation of Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request from the New Hampshire Department of Environmental
Services (NH DES) for delegation of authority to implement and enforce
the Federal Plan Requirements for Sewage Sludge Incineration Units
Constructed on or before October 14, 2010 (SSI Federal Plan). under
Clean Air Act (CAA).
DATES: Written comments must be received on or before April 16, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0069 at www.regulations.gov, or via email to
[email protected]. 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, the 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
[[Page 11653]]
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. The 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 www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are
available at www.regulations.gov or at the U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxic, &
Indoor Programs Unit, U.S. Environmental Protection Agency, Region 1, 5
Post Office Square--Suite 100, Mail Code: OEP05-2, Boston, MA 02109-
3912, tel. (617) 918-1287, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What action is the EPA proposing to take today?
II. What are the CAA requirements?
III. What was submitted by the NH DES and how did the EPA respond?
IV. What is the EPA's proposed conclusion?
V. Statutory and Executive Order Reviews
I. What action is the EPA proposing to take today?
The EPA is proposing to approve the NH DES request for delegation
of authority to implement and enforce the SSI Federal Plan found at 40
CFR part 62 subpart LLL and to adhere to the terms and conditions
prescribed in the Memorandum of Agreement (MoA) signed by the EPA and
the NH DES, as further explained further in this action. The purpose of
this SSI Federal Plan delegation is to transfer primary implementation
and enforcement responsibility from the EPA to the NH DES for all
affected facilities within the jurisdiction of the State of New
Hampshire. However, nothing in this action, nor in the MoA, shall be
construed to prohibit the EPA from enforcing the SSI Federal Plan.
II. What are the CAA requirements?
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 the EPA has established emission
guidelines for such existing sources. A designated pollutant is any
pollutant for which no air quality criteria has been issued or which is
not included on a list published under section 108(a) (national ambient
air quality standards) or section 112 (hazardous air pollutants) of the
CAA, but emissions of which would be subject to a standard of
performance for new stationary sources under section 111(b). In
addition, section 129 of the CAA also requires the EPA to promulgate
emission guidelines for solid waste incineration units that emit
specific air pollutants or a mixture of air pollutants. These
pollutants include organics (dioxins and dibenzofurans), carbon
monoxide, metals (cadmium, lead and mercury), acid gases (hydrogen
chloride, sulfur dioxide and oxides of nitrogen), particulate matter
and opacity (as appropriate).
On March 21, 2011 (76 FR 15372), the EPA promulgated new source
performance standards and emission guidelines for sewage sludge
incineration (SSI) units at 40 CFR part 60 subparts LLLL and MMMM,
respectively. The designated facility to which the emission guidelines
applies is existing SSI units, as stipulated in subpart MMMM, that
commenced construction on or before October 14, 2010.
Pursuant to section 129 of the CAA, state plan requirements must be
``at least as protective'' as the emission guidelines and become
federally enforceable upon approval by the EPA. The procedures for
adoption and submittal of state plans are codified in 40 CFR part 60,
subpart B. For states that fail to submit a plan, the EPA is required
to develop and implement a Federal Plan within two years following
promulgation of the emission guidelines. The 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 emission
guidelines requirements stipulated in the Federal Plan. Accordingly,
the EPA promulgated the SSI Federal Plan on April 29, 2016. In this
rulemaking, the EPA strongly encouraged state and local agencies in
jurisdictions that did not submit approvable State Plans to request
delegation of the SSI Federal Plan so that they can have the primary
responsibility for implementing and enforcing regulations affecting
existing source SSI unit, consistent with the intent of section 129 of
the CAA.
III. What was submitted by the NH DES and how did the EPA respond?
On November 14, 2017, the NH DES submitted to the EPA a request for
delegation of authority to implement and enforce the SSI Federal Plan.
The EPA evaluated the NH DES request for delegation pursuant to the
provisions of the SSI Federal Plan and the EPA's Delegation Manual.\1\
Section 62.15865 of the SSI Federal Plan establishes that 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 requirements: (1) A demonstration of adequate resources and
legal authority to administer and enforce the Federal Plan; (2) an
inventory of affected SSI units, an inventory of emissions from
affected SSI units, and provisions for state progress reports (see
items under Sec. [thinsp]60.5015(a)(1), (2) and (7) from the SSI
emission guidelines); (3) certification that the hearing on the state
delegation request, similar to the hearing for a state plan submittal,
was held, a list of witnesses and their organizational affiliations, if
any, appearing at the hearing, and a brief written summary of each
presentation or written submission; and (4) a commitment to enter into
a MoA with the Regional Administrator that sets forth the terms,
conditions and effective date of the delegation and that serves as the
mechanism for the transfer of authority.
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\1\ Section 7-139 of the EPA's Delegation Manual is entitled
``Implementation and Enforcement of 111(d)(2) and 111(d)/129(b)(3)
Federal Plans'' and the reader may refer to it in the docket for
this rulemaking at www.regulations.gov (see Docket ID Number EPA-
R01-OAR-2018-0069).
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In parallel with our review of the delegation request, the EPA
prepared the MoA which defines the policies, responsibilities, and
procedures by which the SSI Federal Plan will be administered by both
the NH DES and the EPA. The MoA is the mechanism for the transfer of
responsibility from the EPA to the NH DES.
[[Page 11654]]
Both the EPA and the NH DES signed the MoA in which the parties
agreed to the terms and conditions regarding the responsibility to
implement and enforce the policies, responsibilities and procedures of
the SSI Federal Plan. The MoA became effective upon signature by the
EPA on December 22, 2017.
Under the EPA's Delegation Manual, item 7-139, the Regional
Administrator is authorized to delegate implementation and enforcement
of sections 111(d)/129 Federal Plans to state environmental agencies.
The Regional Administrator may consider delegating authority to
implement and enforce Federal Plans to a state provided the following
conditions are met: (1) The state does not already have an EPA approved
State Plan; (2) the state submits a demonstration of adequate resources
and legal authority to administer and enforce the Federal Plan; and (3)
the state enters 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.
NH DES has met all of the EPA's delegation requirements as
described above. The reader may view the NH DES letter to the EPA
requesting delegation and the MoA signed by both parties at
www.regulations.gov, identified by Docket ID Number EPA-R01-OAR-2018-
0069.
IV. What is the EPA's proposed conclusion?
The EPA has evaluated the NH DES submittal for consistency with the
CAA, EPA regulations, and EPA policy. The NH DES has met all the
requirements of the EPA's guidance for obtaining delegation of
authority to implement and enforce the SSI Federal Plan. The NH DES
entered into a MoA with the EPA, and it became effective on December
22, 2017. Accordingly, the EPA is proposing to approve the NH DES
request dated November 14, 2017 for delegation of authority to
implement and enforce the Federal Plan for existing SSI units. The EPA
will continue to retain certain specific authorities reserved to the
EPA in the SSI Federal Plan and as indicated in the MoA (e.g.,
authority to approve major alternatives to test methods or monitoring,
etc.).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
state plan submission that complies with the provisions of the CAA
section 111(d) and 129(b)(2) and applicable Federal regulations. 42
U.S.C. 7411(d) and 7429(b)(2); 40 CFR 62.02(a). Thus, in reviewing
state plan submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves a state delegation request as meeting Federal
requirements and does not impose additional requirements beyond those
already imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (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);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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, this rulemaking 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. 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).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Waste treatment and disposal.
Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-05316 Filed 3-15-18; 8:45 am]
BILLING CODE 6560-50-P
