Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority, 29458-29460 [2018-13552]
Download as PDF
<![CDATA[
29458
Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
b. Revising the entries under
Regulation No. 62.5, Standard No. 4, for
‘‘Section II,’’ ‘‘Section III,’’ ‘‘Section V,’’
■
‘‘Section VIII,’’ ‘‘Section XI,’’ and
‘‘Section XII’’; and
■ c. Removing the entry under
Regulation No. 62.5, Standard No. 4, for
‘‘Section IV’’
The revisions read as follows:
§ 52.2120
*
Identification of plan.
*
*
(c) * * *
*
*
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
effective
date
State citation
Title/subject
*
Regulation No. 62.5 .........
Standard No. 1 ................
Section I ...........................
*
*
Air Pollution Control Standards.
Emissions from Fuel Burning Operations.
Visible Emissions .............................................
6/27/2014
6/25/2018, [Insert citation of publication].
Section II .........................
Particulate Matter Emissions ...........................
6/27/2014
Section III ........................
Sulfur Dioxide Emissions .................................
6/27/2014
Section IV ........................
Opacity Monitoring Requirements ...................
9/23/2016
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
Section VI ........................
*
*
Periodic Testing ...............................................
*
6/27/2014
*
Standard No. 4 ................
*
*
Emissions From Process Industries.
*
*
Section II .........................
*
*
Sulfuric Acid Manufacturing .............................
*
6/27/2014
Section III ........................
Kraft Pulp and Paper Manufacturing Plants ....
6/27/2014
Section V .........................
Cotton Gins ......................................................
6/27/2014
*
Section VIII ......................
*
*
Other Manufacturing ........................................
*
Section XI ........................
*
*
Total Reduced Sulfur Emissions of Kraft Pulp
Mills.
Periodic Testing ...............................................
Section XII .......................
*
*
*
*
*
*
*
[FR Doc. 2018–13446 Filed 6–22–18; 8:45 am]
EPA approval date
*
*
*
6/25/2018, [Insert citation of publication].
*
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
*
*
6/24/2016
*
6/25/2018, [Insert citation of publication].
*
*
*
6/27/2014
*
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
*
*
*
6/24/2016
*
*
ENVIRONMENTAL PROTECTION
AGENCY
amozie on DSK3GDR082PROD with RULES
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; New Hampshire; Delegation
of Authority
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Final rule.
Frm 00022
Except subparagraph B ‘‘Continuous Opacity
Monitor Reporting Requirements,’’ including
those versions submitted by the State on
August 8, 2014 and August 12, 2015.
Therefore, subparagraph B retains the
version that was state effective September
28, 2012.
*
[EPA–R01–OAR–2018–0069; FRL–9979–29–
Region 1]
Jkt 244001
Except for subparagraph C ‘‘Special Provisions,’’ including those versions submitted
by the State on July 18, 2011 and August
12, 2015. Therefore, subparagraph C retains the version that was state effective
October 26, 2001.
*
*
40 CFR Part 62
16:14 Jun 22, 2018
*
*
BILLING CODE 6560–50–P
VerDate Sep<11>2014
*
*
*
ACTION:
Explanation
Fmt 4700
Sfmt 4700
The Environmental Protection
Agency (EPA) is finalizing its action to
codify into the Code of Federal
Regulations (CFR) the 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) to the New Hampshire
Department of Environmental Services
(NH DES). The SSI Federal Plan
addresses the implementation and
enforcement of the emission guidelines
applicable to existing SSI units located
in areas not covered by an approved and
currently effective state plan. The SSI
Federal Plan imposes emission limits
SUMMARY:
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
and other control requirements for
existing affected SSI facilities which
will reduce designated pollutants. This
action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on July 25,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0069. 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, i.e., 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 at https://
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
amozie on DSK3GDR082PROD with RULES
I. What action is the EPA taking today?
II. What was submitted by the NH DES and
how did the EPA respond?
III. What comments were received in
response to the EPA’s proposed action?
IV. What is the EPA’s conclusion?
V. Statutory and Executive Order Reviews
I. What action is the EPA taking today?
The EPA is finalizing through
codification of regulatory text in 40 CFR
part 62, subpart EE the delegation of
authority to implement and enforce the
SSI Federal Plan to the NH DES. A
Memorandum of Agreement (MoA),
which became effective on December
22, 2017, serves as the transfer
mechanism for the implementation and
enforcement authority to NH DES.
VerDate Sep<11>2014
16:14 Jun 22, 2018
Jkt 244001
However, nothing in this action, nor in
the MoA, shall be construed to prohibit
the EPA from enforcing the SSI Federal
Plan.
II. 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 from the EPA to
implement and enforce the SSI Federal
Plan. The EPA prepared the MoA that
defined the policies, responsibilities,
and procedures by which the SSI
Federal Plan would be administered by
both the NH DES and the EPA, pursuant
to 40 CFR part 62, subpart LLL for SSI
units. Condition I.E. of the MoA states,
‘‘The delegation of the Federal Plan to
New Hampshire shall become effective
upon authorized signature of both the
NH DES and the EPA.’’ 1 On December
18, 2017, Mr. Robert R. Scott,
Commissioner of NH DES signed the
MoA, and on December 22, 2017, Mr.
Ken Moraff, as Acting Regional
Administrator of EPA Region 1 signed
the MoA. The MoA became effective
upon signature by Mr. Ken Moraff on
December 22, 2017.
29459
Given the extremely limited pollutant
loadings and relative high costs,
according to EPA’s own analysis, these
requirements appear to be ripe for
substantial reduction or elimination.
this [sic] entire subcategory would be
excluded by rule given the de minimis
amount of pollution.’’
Response: If ‘‘The Rule’’ in the
submitted comment refers to EPA’s
March 16, 2018 (83 FR 11652) proposed
rulemaking, EPA disagrees with the
comment because this action merely
codifies the delegation of an existing
Federal requirement to the State and
does not impose additional
requirements beyond those imposed by
existing Federal regulations.
IV. What is the EPA’s conclusion?
For the reasons described above and
in EPA’s proposal, the EPA is finalizing
its action to codify into the CFR the
delegation of authority to implement
and enforce the SSI Federal Plan to NH
DES. EPA will codify the delegation and
reference to the MoA at 40 CFR part 62
subpart EE, thus satisfying the
procedural requirements outlined in
EPA’s Delegation Manual.2
III. What comments were received in
response to the EPA’s proposed action?
V. Statutory and Executive Order
Reviews
The EPA published a proposed
rulemaking concerning this action on
March 16, 2018. See 83 FR 11652. In
response to the EPA’s March 16, 2018
proposed rulemaking action, we
received a number of anonymous
comments on the proposed action that
were not germane to the proposal and/
or did not specify what changes should
be made to the NH DES delegation of
the SSI Federal Plan. Many of the
comments identified and pertained to
issues that are outside the scope of, and
do not reference, the proposed action.
Therefore, EPA will not provide any
further specific responses to these
comments.
EPA did however receive one
comment which could be construed to
refer to the proposed rulemaking for the
NH DES SSI Federal Plan delegation.
Comment: A single anonymous
comment, much of which included
information that was not germane to
EPA’s proposed rulemaking for the NH
DES SSI Federal Plan delegation, also
stated that ‘‘The Rule created potentially
unduly burdensome requirements [sic]
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
1 See the Memorandum of Agreement Between
New Hampshire Department of Environmental
Services and The United States Environmental
Protection Agency, Region 1 Sewage Sludge
Incinerators Federal Plan Delegation. 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).
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
2 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).
E:\FR\FM\25JNR1.SGM
25JNR1
29460
Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
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
amozie on DSK3GDR082PROD with RULES
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: June 18, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
DEPARTMENT OF COMMERCE
1. The authority citation for part 62
continues to read as follows:
50 CFR Part 216
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. Add an undesignated center
heading and § 62.7465 to subpart EE to
read as follows:
■
Air Emissions From Existing Sewage
Sludge Incineration Units
§ 62.7465 Identification of plan—
delegation of authority.
(a) Letter from the New Hampshire
Department of Environmental Services
(NH DES), submitted November 14,
2017, requested delegation of authority
from the EPA to implement and enforce
the Federal Plan Requirements for
Sewage Sludge Incineration Units
Constructed on or before October 14,
2010 (SSI Federal Plan). The SSI Federal
Plan will be administered by both the
NH DES and the EPA pursuant to 40
CFR part 62 subpart LLL.
(b) Identification of sources. The SSI
Federal Plan applies to owners or
operators of existing facilities that meet
all three of the following criteria:
(1) The SSI unit(s) commenced
construction on or before October 14,
2010;
(2) The SSI unit(s) meets the
definition of an SSI unit as defined in
§ 62.16045; and
(3) The SSI unit(s) is not exempt
under § 62.15860.
(c) On December 18, 2017 Mr. Robert
R. Scott, Commissioner of NH DES,
signed the Memorandum of Agreement
(MoA) which defines the policies,
responsibilities, and procedures by
which the SSI Federal Plan will be
administered. On December 22, 2017,
Mr. Ken Moraff, as Acting Regional
Administrator of EPA Region 1, signed
the MoA.
(d) The delegation is fully effective as
of December 22, 2017.
[FR Doc. 2018–13552 Filed 6–22–18; 8:45 am]
BILLING CODE 6560–50–P
Part 62 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
VerDate Sep<11>2014
16:14 Jun 22, 2018
Jkt 244001
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
National Oceanic and Atmospheric
Administration
RIN 0648–XG306
Extension of Opening Date for
Subsistence Taking of Northern Fur
Seals on the Pribilof Islands; St.
George Island
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; extension of
opening date.
AGENCY:
NMFS is extending the
opening date of the subsistence use
season of the Eastern Pacific stock of
northern fur seals (Callorhinus ursinus)
by opening the season on June 20, 2018,
in response to a request from the
Traditional Council of St. George Island,
Tribal Government. The subsistence use
regulations at 50 CFR 216.72(a)
authorize the extension of the northern
fur seal harvest earlier than the
scheduled opening date of June 23. The
opening of the season three days earlier
is intended to provide meat for the
community of St. George Island in
response to the unavailability of food in
the community store due to unforeseen
flight cancellations and the complete
consumption of fur seal meat from
harvests in 2017.
DATES: The opening for the sub-adult
male fur seal harvest is effective at 12:01
a.m., Alaska local time, June 20, 2018,
until 11:59 p.m., Alaska local time,
August 8, 2018, per the regulations at 50
CFR 216.72(d)(1).
FOR FURTHER INFORMATION CONTACT:
Michael Williams, NMFS Alaska
Region, 907–271–5117,
michael.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
St. George Island is a remote island
located in the Bering Sea populated by
Alaska Native residents who rely upon
marine mammals as a major food source
and cornerstone of their culture.
Regulations issued under the authority
of the Fur Seal Act authorize
Pribilovians to take fur seals on the
Pribilof Islands if such taking is for
subsistence uses and not accomplished
in a wasteful manner (50 CFR 216.71).
The residents of St. George Island are
currently authorized by regulations
under the FSA Section 105 (16 U.S.C.
1155) to harvest male fur seals 124.5
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29458-29460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13552]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2018-0069; FRL-9979-29-Region 1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; New Hampshire; Delegation of Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing its
action to codify into the Code of Federal Regulations (CFR) the
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) to the New Hampshire
Department of Environmental Services (NH DES). The SSI Federal Plan
addresses the implementation and enforcement of the emission guidelines
applicable to existing SSI units located in areas not covered by an
approved and currently effective state plan. The SSI Federal Plan
imposes emission limits
[[Page 29459]]
and other control requirements for existing affected SSI facilities
which will reduce designated pollutants. This action is being taken
under the Clean Air Act (CAA).
DATES: This rule is effective on July 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0069. 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, i.e.,
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 at https://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 taking today?
II. What was submitted by the NH DES and how did the EPA respond?
III. What comments were received in response to the EPA's proposed
action?
IV. What is the EPA's conclusion?
V. Statutory and Executive Order Reviews
I. What action is the EPA taking today?
The EPA is finalizing through codification of regulatory text in 40
CFR part 62, subpart EE the delegation of authority to implement and
enforce the SSI Federal Plan to the NH DES. A Memorandum of Agreement
(MoA), which became effective on December 22, 2017, serves as the
transfer mechanism for the implementation and enforcement authority to
NH DES. However, nothing in this action, nor in the MoA, shall be
construed to prohibit the EPA from enforcing the SSI Federal Plan.
II. 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 from the EPA to implement and enforce the SSI
Federal Plan. The EPA prepared the MoA that defined the policies,
responsibilities, and procedures by which the SSI Federal Plan would be
administered by both the NH DES and the EPA, pursuant to 40 CFR part
62, subpart LLL for SSI units. Condition I.E. of the MoA states, ``The
delegation of the Federal Plan to New Hampshire shall become effective
upon authorized signature of both the NH DES and the EPA.'' \1\ On
December 18, 2017, Mr. Robert R. Scott, Commissioner of NH DES signed
the MoA, and on December 22, 2017, Mr. Ken Moraff, as Acting Regional
Administrator of EPA Region 1 signed the MoA. The MoA became effective
upon signature by Mr. Ken Moraff on December 22, 2017.
---------------------------------------------------------------------------
\1\ See the Memorandum of Agreement Between New Hampshire
Department of Environmental Services and The United States
Environmental Protection Agency, Region 1 Sewage Sludge Incinerators
Federal Plan Delegation. 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).
---------------------------------------------------------------------------
III. What comments were received in response to the EPA's proposed
action?
The EPA published a proposed rulemaking concerning this action on
March 16, 2018. See 83 FR 11652. In response to the EPA's March 16,
2018 proposed rulemaking action, we received a number of anonymous
comments on the proposed action that were not germane to the proposal
and/or did not specify what changes should be made to the NH DES
delegation of the SSI Federal Plan. Many of the comments identified and
pertained to issues that are outside the scope of, and do not
reference, the proposed action. Therefore, EPA will not provide any
further specific responses to these comments.
EPA did however receive one comment which could be construed to
refer to the proposed rulemaking for the NH DES SSI Federal Plan
delegation.
Comment: A single anonymous comment, much of which included
information that was not germane to EPA's proposed rulemaking for the
NH DES SSI Federal Plan delegation, also stated that ``The Rule created
potentially unduly burdensome requirements [sic] Given the extremely
limited pollutant loadings and relative high costs, according to EPA's
own analysis, these requirements appear to be ripe for substantial
reduction or elimination. this [sic] entire subcategory would be
excluded by rule given the de minimis amount of pollution.''
Response: If ``The Rule'' in the submitted comment refers to EPA's
March 16, 2018 (83 FR 11652) proposed rulemaking, EPA disagrees with
the comment because this action merely codifies the delegation of an
existing Federal requirement to the State and does not impose
additional requirements beyond those imposed by existing Federal
regulations.
IV. What is the EPA's conclusion?
For the reasons described above and in EPA's proposal, the EPA is
finalizing its action to codify into the CFR the delegation of
authority to implement and enforce the SSI Federal Plan to NH DES. EPA
will codify the delegation and reference to the MoA at 40 CFR part 62
subpart EE, thus satisfying the procedural requirements outlined in
EPA's Delegation Manual.\2\
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866;
Does not impose an information collection burden under the
provisions
[[Page 29460]]
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: June 18, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 62 of chapter I, title 40 of the Code of Federal Regulations
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 EE--New Hampshire
0
2. Add an undesignated center heading and Sec. 62.7465 to subpart EE
to read as follows:
Air Emissions From Existing Sewage Sludge Incineration Units
Sec. 62.7465 Identification of plan--delegation of authority.
(a) Letter from the New Hampshire Department of Environmental
Services (NH DES), submitted November 14, 2017, requested delegation of
authority from the EPA to implement and enforce the Federal Plan
Requirements for Sewage Sludge Incineration Units Constructed on or
before October 14, 2010 (SSI Federal Plan). The SSI Federal Plan will
be administered by both the NH DES and the EPA pursuant to 40 CFR part
62 subpart LLL.
(b) Identification of sources. The SSI Federal Plan applies to
owners or operators of existing facilities that meet all three of the
following criteria:
(1) The SSI unit(s) commenced construction on or before October 14,
2010;
(2) The SSI unit(s) meets the definition of an SSI unit as defined
in Sec. 62.16045; and
(3) The SSI unit(s) is not exempt under Sec. 62.15860.
(c) On December 18, 2017 Mr. Robert R. Scott, Commissioner of NH
DES, signed the Memorandum of Agreement (MoA) which defines the
policies, responsibilities, and procedures by which the SSI Federal
Plan will be administered. On December 22, 2017, Mr. Ken Moraff, as
Acting Regional Administrator of EPA Region 1, signed the MoA.
(d) The delegation is fully effective as of December 22, 2017.
[FR Doc. 2018-13552 Filed 6-22-18; 8:45 am]
BILLING CODE 6560-50-P
