Delegation of Authority to North Carolina and the Western North Carolina Regional Air Quality Agency of Federal Plan for Existing Sewage Sludge Incineration Units, 19184-19186 [2018-09202]
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19184
Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
This rule relates only to the adjustments
to civil penalties to account for
inflation. This rule is consistent with
current agency practice, does not
impose new substantive requirements,
and therefore will not have a significant
adverse effect on the supply,
distribution, or use of energy.
List of Subjects in 33 CFR Part 326
Administrative practice and
procedure, Intergovernmental relations,
Investigations, Law enforcement,
Navigation (water), Water pollution
control, Waterways.
Dated: April 19, 2018.
R.D. James,
Assistant Secretary of the Army (Civil Works).
For the reasons set forth in the
preamble, the Corps amends 33 CFR
part 326 as follows:
PART 326—ENFORCEMENT
1. The authority citation for part 326
continues to read as follows:
■
Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.
1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33
U.S.C. 1319; 28 U.S.C. 2461 note.
2. Amend § 326.6 by revising
paragraph (a)(1) to read as follows:
■
§ 326.6
Class I administrative penalties.
(a) Introduction. (1) This section sets
forth procedures for initiation and
Statutory civil monetary penalty amount for violations that occurred
after November 2, 2015, and are assessed on or after May 2, 2018
Environmental statute and U.S. Code citation
Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A)
CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ........................................
National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e)
*
*
*
*
*
[FR Doc. 2018–09316 Filed 5–1–18; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2018–0119; FRL–9977–
22—Region 4]
Delegation of Authority to North
Carolina and the Western North
Carolina Regional Air Quality Agency
of Federal Plan for Existing Sewage
Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is providing notice
of and is codifying its prior approval of
requests submitted by the North
Carolina Department of Environmental
Quality (NCDEQ), through its Division
of Air Quality, and the Western North
Carolina Regional Air Quality Agency
(WNCRAQA) for delegation of authority
to implement and enforce the Federal
plan for existing affected Sewage Sludge
Incineration (SSI) units. The Federal
plan establishes emission limits and
monitoring, operating, and
recordkeeping requirements for SSI
units constructed on or before October
14, 2010. NCDEQ and WNCRAQA
representatives have signed separate but
similar Memoranda of Agreement
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SUMMARY:
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$21,394 per violation, with a maximum of $53,484.
Maximum of $53,484 per day for each violation.
Maximum of $23,426 per violation.
(MOAs), each of which constitutes the
mechanism for the transfer of authority
from the EPA to each respective air
pollution control agency. The MOAs
and the corresponding delegations of
authority were effective upon signature
by the Regional Administrator on April
2, 2018. The MOAs delineate policies,
responsibilities, and procedures by
which the Federal plan will be
administered and enforced by the
NCDEQ and WNCRAQA, respectively,
as well as the authorities retained by the
EPA.
DATES:
This rule is effective on June 1,
2018.
The EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0119. The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 4, 61 Forsyth St. SW,
Atlanta, Georgia. While all documents
in the docket are listed in the index,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material), and some
may not be publicly available at either
location (e.g., confidential business
information).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mark Bloeth, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia, 30303–8960. Mr. Bloeth can be
reached via telephone at (404) 562–9013
PO 00000
Frm 00026
administration of Class I administrative
penalty orders under Section 309(g) of
the Clean Water Act, judicially-imposed
civil penalties under Section 404(s) of
the Clean Water Act, and Section 205 of
the National Fishing Enhancement Act.
Under Section 309(g)(2)(A) of the Clean
Water Act, Class I civil penalties may
not exceed $21,394 per violation, except
that the maximum amount of any Class
I civil penalty shall not exceed $53,484.
Under Section 404(s)(4) of the Clean
Water Act, judicially-imposed civil
penalties may not exceed $53,484 per
day for each violation. Under Section
205(e) of the National Fishing
Enhancement Act, penalties for
violations of permits issued in
accordance with that Act shall not
exceed $23,426 for each violation.
Fmt 4700
Sfmt 4700
and via electronic mail at bloeth.mark@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (the
‘‘CAA’’ or ‘‘Act’’), titled ‘‘Solid Waste
Combustion,’’ requires the EPA to
develop and adopt standards for solid
waste incineration units pursuant to
sections 111(d) and 129 of the Act. On
March 21, 2011, the EPA promulgated
new source performance standards
(NSPS) and emissions guidelines (EG)
for SSI units located at wastewater
treatment facilities designed to treat
domestic sewage sludge. See 76 FR
15372. Codified at 40 CFR part 60,
subparts LLLL and MMMM, these final
rules set limits for nine pollutants under
section 129 of the CAA: Cadmium (Cd),
carbon monoxide (CO), hydrogen
chloride (HCl), lead (Pb), mercury (Hg),
nitrogen oxides (NOX), particulate
matter (PM), polychlorinated dibenzo-pdioxins and polychlorinated
dibenzofurans (PCDDs/PCFDs), and
sulfur dioxide (SO2). The EG apply to
existing SSI units, which are those units
that commenced construction on or
before October 14, 2010. See 40 CFR
60.5060.
CAA section 129 also requires each
state in which SSI units are operating to
submit a plan to implement and enforce
the EG with respect to such units. State
plan requirements must be ‘‘at least as
protective’’ as the EG and become
federally enforceable upon approval by
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the EPA. The procedures for adoption
and submittal of state plans are codified
in 40 CFR part 60, subpart B. The SSI
EG include a model rule that states may
use to develop their own plans.
On April 29, 2016, the EPA finalized
a Federal plan that implements the EG
in states that do not have an approved
state plan. 81 FR 26040. EPA
implementation and enforcement of the
Federal plan is viewed as an interim
measure until states assume their role as
the preferred implementers of the EG
requirements stipulated in the Federal
plan. Accordingly, the EPA encourages
states to either develop their own plan
(the EG model rule or the Federal plan
can be used as a template to reduce the
effort needed to develop a plan), or to
request delegation of the Federal plan,
as the NCDEQ and WNCRAQA have
done. State plans and requests for
delegations of authority that have been
approved by EPA are reflected in the
Code of Federal Regulations at 40 CFR
part 62, subparts B through DDD.
II. Submittal and EPA Approval of
Requests for Delegation of the Federal
Plan
On December 9, 2016, and February 7,
2017, the NCDEQ and WNCRAQA,
respectively, requested delegation of
authority from EPA to implement and
enforce the Federal plan for existing SSI
units, codified at 40 CFR part 62 subpart
LLL. The scope of the request from the
NCDEQ included all affected facilities
within the State of North Carolina,
except Buncombe County and the City
of Asheville. The WNCRAQA submitted
a separate delegation request which
included all affected facilities within
Buncombe County and the City of
Asheville. The delegation of authority
does not apply to sources located in
Indian Country.
The EPA evaluates requests for
delegation of the SSI Federal plan
pursuant to the provisions of the SSI
Federal plan and the EPA’s Delegations
Manual. Pursuant to the SSI Federal
plan, a state may meet its CAA section
111(d)/129 obligations by submitting an
acceptable written request for delegation
of the Federal plan that includes the
following elements: (1) A demonstration
of adequate resources and legal
authority to administer and enforce the
Federal plan; (2) an inventory of
affected SSI units, an inventory of
emissions from affected SSI units, and
provisions for state progress reports (see
items under 40 CFR 60.5015(a)(1), (2)
and (7) from the SSI EG); (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
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Jkt 244001
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. 40 CFR 62.15865; see also 81
FR 26060–61. The NCDEQ and the
WNCRAQA met delegation
requirements (1) through (3) described
above, as well as requirement (4), which
is addressed below.
Pursuant to the EPA’s Delegations
Manual, item 7–139, Implementation
and Enforcement of 111(d)(2) and
111(d)(2)/129(b)(3) Federal Plans, a
copy of which is included in the
Supporting Documents for this action,
the Regional Administrator is
authorized to delegate authority to
implement and enforce section 111(d)/
129 Federal plans to states. Whereas a
state plan implementing the EG must be
submitted by the state, a local agency
may directly request delegation of
authority to implement the SSI Federal
plan with respect to sources within its
jurisdiction, provided it has authority
under state law to do so and has met the
delegation requirements identified
above. See 81 FR 26054–55. The
requirements and limitations of a
delegation agreement are set forth in
item 7–139. Consistent with those
requirements, the EPA prepared MOAs
between the EPA and the NCDEQ and
between the EPA and the WNCRAQA,
each of which defines policies,
responsibilities, and procedures
pursuant to the SSI Federal plan by
which the Federal plan will be
administered by each agency.
Subsequently, on January 30, 2018,
Michael S. Regan, Secretary of the
NCDEQ, and on January 12, 2018, David
A. Brigman, Director of the WNCRAQA,
signed the respective MOAs, thus
agreeing to the terms and conditions of
the MOAs and accepting responsibility
for implementation and enforcement of
the policies and procedures of the
Federal plan, except for certain
authorities (e.g., approval of major
alternatives to test methods or
monitoring) retained by the EPA. The
EPA continues to retain enforcement
authority along with the NCDEQ and the
WNCRAQA. The MOAs, and resulting
delegation of authority, became effective
upon signature by the Regional
Administrator on April 2, 2018.
III. EPA Action
In this action, EPA is notifying the
public of and is codifying its delegation
of authority to implement and enforce
PO 00000
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19185
the Federal plan to the NCDEQ and
WNCRAQA. The Code of Federal
Regulations is being amended as
indicated below.
IV. Good Cause Finding
Section 553(b) of the Administrative
Procedure Act (APA) requires
publication of notice of proposed
rulemaking and specifies what the
notice shall include. See 5 U.S.C.
553(b). However, the APA provides an
exception from this requirement ‘‘when
the agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(3)(B).
The EPA has found good cause for
making today’s action final without
prior proposal and opportunity for
comment because this ministerial action
merely codifies EPA’s delegation of
authority to implement and enforce the
SSI Federal plan to the NCDEQ and the
WNCRAQA. This action does not alter
the universe of sources regulated under
the Federal plan, nor does it change the
regulatory requirements applicable to
those sources. In these circumstances,
notice and comment procedures are
unnecessary.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator
has the authority to delegate the
authority to implement a Federal
111(d)/129 plan that complies with the
provisions of the CAA and applicable
Federal regulations. See 40 CFR 60.27.
In reviewing 111(d)/129 Federal plan
delegation requests, EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA and of
EPA’s implementing regulations.
Accordingly, this action merely codifies
in the Code of Federal Regulations
EPA’s delegation of authority to
implement the Federal plan and does
not impose additional requirements
beyond those imposed by the alreadyapplicable Federal plan. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
E:\FR\FM\02MYR1.SGM
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Rules and Regulations
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
and
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001).
In addition, this rule is not subject to
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) because application of those
requirements would be inconsistent
with the CAA. It also does not provide
EPA with the discretionary authority to
address, as appropriate,
disproportionate human health or
environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898 (59 FR 7629,
February 16, 1994).
This action does not apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. As such, it does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental
relations, Manufacturing, Phosphate,
Reporting and recordkeeping
requirements, Sulfur oxides, Waste
treatment and disposal.
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Authority: 42 U.S.C. 7401 et seq.
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Jkt 244001
Dated: April 2, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
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:
■
(b) Identification of sources. The
MOA and related Federal plan apply to
all affected SSI units for which
construction commenced on or before
October 14, 2010.
(c) Effective date of delegation. The
delegation became fully effective on
April 2, 2018, the effective date of the
MOA between the EPA and the
WNCRAQA.
[FR Doc. 2018–09202 Filed 5–1–18; 8:45 am]
BILLING CODE 6560–50–P
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Add an undesignated center
heading and §§ 62.8362 and 62.8363 to
subpart II to read as follows:
■
Air Emissions From Existing Sewage
Sludge Incinerators (SSI)—Section
111(d)/129 Plan
§ 62.8362 Identification of plan—North
Carolina Department of Environmental
Quality.
(a) Delegation of authority. On April
2, 2018, the EPA signed a Memorandum
of Agreement (MOA) that defines
policies, responsibilities, and
procedures pursuant to 40 CFR part 62,
subpart LLL (the ‘‘Federal plan’’) by
which the Federal plan will be
administered by the North Carolina
Department of Environmental Quality
(NCDEQ).
(b) Identification of sources. The
MOA and related Federal plan apply to
all affected SSI units for which
construction commenced on or before
October 14, 2010.
(c) Effective date of delegation. The
delegation became fully effective on
April 2, 2018, the effective date of the
MOA between the EPA and the NCDEQ.
§ 62.8363 Identification of plan—Western
North Carolina Regional Air Quality Agency.
(a) Delegation of authority. On April
2, 2018, the EPA signed a Memorandum
of Agreement (MOA) that defines
policies, responsibilities, and
procedures pursuant to 40 CFR part 62,
subpart LLL (the ‘‘Federal plan’’) by
which the Federal plan will be
administered by the Western North
Carolina Regional Air Quality Agency
(WNCRAQA).
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
[MB Docket No. 17–106; DA 18–326]
Elimination of Main Studio Rule;
Petition for Partial Reconsideration
Federal Communications
Commission.
ACTION: Dismissal and denial of petition
for partial reconsideration.
AGENCY:
This document dismisses and
otherwise denies the Petition for
Reconsideration filed by De La Hunt
Broadcasting Corp. The Commission’s
rules provide that a petition for
reconsideration which relies on facts or
arguments not previously presented to
the Commission will only be granted if
one of three circumstances is present,
and the Media Bureau concludes that
none of the specified circumstances is
present here. Because this is a factspecific inquiry, and not an issue of
general applicability, a waiver request is
the proper means for considering this
issue, and De La Hunt states that it has
already requested such a waiver from
the Media Bureau.
DATES: May 2, 2018.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Diana Sokolow, Diana.Sokolow@fcc.gov,
of the Policy Division, Media Bureau,
(202) 418–2120.
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Rules and Regulations]
[Pages 19184-19186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09202]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2018-0119; FRL-9977-22--Region 4]
Delegation of Authority to North Carolina and the Western North
Carolina Regional Air Quality Agency of Federal Plan for Existing
Sewage Sludge Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is providing notice of and is codifying its prior
approval of requests submitted by the North Carolina Department of
Environmental Quality (NCDEQ), through its Division of Air Quality, and
the Western North Carolina Regional Air Quality Agency (WNCRAQA) for
delegation of authority to implement and enforce the Federal plan for
existing affected Sewage Sludge Incineration (SSI) units. The Federal
plan establishes emission limits and monitoring, operating, and
recordkeeping requirements for SSI units constructed on or before
October 14, 2010. NCDEQ and WNCRAQA representatives have signed
separate but similar Memoranda of Agreement (MOAs), each of which
constitutes the mechanism for the transfer of authority from the EPA to
each respective air pollution control agency. The MOAs and the
corresponding delegations of authority were effective upon signature by
the Regional Administrator on April 2, 2018. The MOAs delineate
policies, responsibilities, and procedures by which the Federal plan
will be administered and enforced by the NCDEQ and WNCRAQA,
respectively, as well as the authorities retained by the EPA.
DATES: This rule is effective on June 1, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R04-OAR-2018-0119. The index to the
docket for this action is available electronically at
www.regulations.gov and in hard copy at EPA Region 4, 61 Forsyth St.
SW, Atlanta, Georgia. While all documents in the docket are listed in
the index, some information may be publicly available only at the hard
copy location (e.g., copyrighted material), and some may not be
publicly available at either location (e.g., confidential business
information).
FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency Region
4, 61 Forsyth Street SW, Atlanta, Georgia, 30303-8960. Mr. Bloeth can
be reached via telephone at (404) 562-9013 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (the ``CAA'' or ``Act''), titled
``Solid Waste Combustion,'' requires the EPA to develop and adopt
standards for solid waste incineration units pursuant to sections
111(d) and 129 of the Act. On March 21, 2011, the EPA promulgated new
source performance standards (NSPS) and emissions guidelines (EG) for
SSI units located at wastewater treatment facilities designed to treat
domestic sewage sludge. See 76 FR 15372. Codified at 40 CFR part 60,
subparts LLLL and MMMM, these final rules set limits for nine
pollutants under section 129 of the CAA: Cadmium (Cd), carbon monoxide
(CO), hydrogen chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides
(NOX), particulate matter (PM), polychlorinated dibenzo-p-
dioxins and polychlorinated dibenzofurans (PCDDs/PCFDs), and sulfur
dioxide (SO2). The EG apply to existing SSI units, which are
those units that commenced construction on or before October 14, 2010.
See 40 CFR 60.5060.
CAA section 129 also requires each state in which SSI units are
operating to submit a plan to implement and enforce the EG with respect
to such units. State plan requirements must be ``at least as
protective'' as the EG and become federally enforceable upon approval
by
[[Page 19185]]
the EPA. The procedures for adoption and submittal of state plans are
codified in 40 CFR part 60, subpart B. The SSI EG include a model rule
that states may use to develop their own plans.
On April 29, 2016, the EPA finalized a Federal plan that implements
the EG in states that do not have an approved state plan. 81 FR 26040.
EPA implementation and enforcement of the Federal plan is viewed as an
interim measure until states assume their role as the preferred
implementers of the EG requirements stipulated in the Federal plan.
Accordingly, the EPA encourages states to either develop their own plan
(the EG model rule or the Federal plan can be used as a template to
reduce the effort needed to develop a plan), or to request delegation
of the Federal plan, as the NCDEQ and WNCRAQA have done. State plans
and requests for delegations of authority that have been approved by
EPA are reflected in the Code of Federal Regulations at 40 CFR part 62,
subparts B through DDD.
II. Submittal and EPA Approval of Requests for Delegation of the
Federal Plan
On December 9, 2016, and February 7, 2017, the NCDEQ and WNCRAQA,
respectively, requested delegation of authority from EPA to implement
and enforce the Federal plan for existing SSI units, codified at 40 CFR
part 62 subpart LLL. The scope of the request from the NCDEQ included
all affected facilities within the State of North Carolina, except
Buncombe County and the City of Asheville. The WNCRAQA submitted a
separate delegation request which included all affected facilities
within Buncombe County and the City of Asheville. The delegation of
authority does not apply to sources located in Indian Country.
The EPA evaluates requests for delegation of the SSI Federal plan
pursuant to the provisions of the SSI Federal plan and the EPA's
Delegations Manual. Pursuant to the SSI Federal plan, a state may meet
its CAA section 111(d)/129 obligations by submitting an acceptable
written request for delegation of the Federal plan that includes the
following elements: (1) A demonstration of adequate resources and legal
authority to administer and enforce the Federal plan; (2) an inventory
of affected SSI units, an inventory of emissions from affected SSI
units, and provisions for state progress reports (see items under 40
CFR[thinsp]60.5015(a)(1), (2) and (7) from the SSI EG); (3)
certification that the hearing on the state delegation request, similar
to the 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. 40 CFR 62.15865; see also 81 FR 26060-61.
The NCDEQ and the WNCRAQA met delegation requirements (1) through (3)
described above, as well as requirement (4), which is addressed below.
Pursuant to the EPA's Delegations Manual, item 7-139,
Implementation and Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3)
Federal Plans, a copy of which is included in the Supporting Documents
for this action, the Regional Administrator is authorized to delegate
authority to implement and enforce section 111(d)/129 Federal plans to
states. Whereas a state plan implementing the EG must be submitted by
the state, a local agency may directly request delegation of authority
to implement the SSI Federal plan with respect to sources within its
jurisdiction, provided it has authority under state law to do so and
has met the delegation requirements identified above. See 81 FR 26054-
55. The requirements and limitations of a delegation agreement are set
forth in item 7-139. Consistent with those requirements, the EPA
prepared MOAs between the EPA and the NCDEQ and between the EPA and the
WNCRAQA, each of which defines policies, responsibilities, and
procedures pursuant to the SSI Federal plan by which the Federal plan
will be administered by each agency. Subsequently, on January 30, 2018,
Michael S. Regan, Secretary of the NCDEQ, and on January 12, 2018,
David A. Brigman, Director of the WNCRAQA, signed the respective MOAs,
thus agreeing to the terms and conditions of the MOAs and accepting
responsibility for implementation and enforcement of the policies and
procedures of the Federal plan, except for certain authorities (e.g.,
approval of major alternatives to test methods or monitoring) retained
by the EPA. The EPA continues to retain enforcement authority along
with the NCDEQ and the WNCRAQA. The MOAs, and resulting delegation of
authority, became effective upon signature by the Regional
Administrator on April 2, 2018.
III. EPA Action
In this action, EPA is notifying the public of and is codifying its
delegation of authority to implement and enforce the Federal plan to
the NCDEQ and WNCRAQA. The Code of Federal Regulations is being amended
as indicated below.
IV. Good Cause Finding
Section 553(b) of the Administrative Procedure Act (APA) requires
publication of notice of proposed rulemaking and specifies what the
notice shall include. See 5 U.S.C. 553(b). However, the APA provides an
exception from this requirement ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons therefor
in the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(3)(B).
The EPA has found good cause for making today's action final
without prior proposal and opportunity for comment because this
ministerial action merely codifies EPA's delegation of authority to
implement and enforce the SSI Federal plan to the NCDEQ and the
WNCRAQA. This action does not alter the universe of sources regulated
under the Federal plan, nor does it change the regulatory requirements
applicable to those sources. In these circumstances, notice and comment
procedures are unnecessary.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to delegate the
authority to implement a Federal 111(d)/129 plan that complies with the
provisions of the CAA and applicable Federal regulations. See 40 CFR
60.27. In reviewing 111(d)/129 Federal plan delegation requests, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA and of EPA's implementing regulations. Accordingly, this
action merely codifies in the Code of Federal Regulations EPA's
delegation of authority to implement the Federal plan and does not
impose additional requirements beyond those imposed by the already-
applicable Federal plan. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities
[[Page 19186]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997); and
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001).
In addition, this rule is not subject to requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) because application of those requirements would be
inconsistent with the CAA. It also does not provide EPA with the
discretionary authority to address, as appropriate, disproportionate
human health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
This action does not apply on any Indian reservation land or in any
other area where EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction. As such, it does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Manufacturing, Phosphate, Reporting and
recordkeeping requirements, Sulfur oxides, Waste treatment and
disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
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 II--North Carolina
0
2. Add an undesignated center heading and Sec. Sec. 62.8362 and
62.8363 to subpart II to read as follows:
Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section
111(d)/129 Plan
Sec. 62.8362 Identification of plan--North Carolina Department of
Environmental Quality.
(a) Delegation of authority. On April 2, 2018, the EPA signed a
Memorandum of Agreement (MOA) that defines policies, responsibilities,
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal
plan'') by which the Federal plan will be administered by the North
Carolina Department of Environmental Quality (NCDEQ).
(b) Identification of sources. The MOA and related Federal plan
apply to all affected SSI units for which construction commenced on or
before October 14, 2010.
(c) Effective date of delegation. The delegation became fully
effective on April 2, 2018, the effective date of the MOA between the
EPA and the NCDEQ.
Sec. 62.8363 Identification of plan--Western North Carolina Regional
Air Quality Agency.
(a) Delegation of authority. On April 2, 2018, the EPA signed a
Memorandum of Agreement (MOA) that defines policies, responsibilities,
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal
plan'') by which the Federal plan will be administered by the Western
North Carolina Regional Air Quality Agency (WNCRAQA).
(b) Identification of sources. The MOA and related Federal plan
apply to all affected SSI units for which construction commenced on or
before October 14, 2010.
(c) Effective date of delegation. The delegation became fully
effective on April 2, 2018, the effective date of the MOA between the
EPA and the WNCRAQA.
[FR Doc. 2018-09202 Filed 5-1-18; 8:45 am]
BILLING CODE 6560-50-P
