[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20276-20278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2016-0081; FRL-9961-23-Region 3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; State of Delaware, District of 
Columbia, and Commonwealth of Pennsylvania, City of Philadelphia; 
Control of Emissions From Existing Commercial and Industrial Solid 
Waste Incinerator Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to notify the public that it has received negative 
declarations relating to commercial and industrial solid waste 
incineration (CISWI) units within the State of Delaware, the District 
of Columbia, and the City of Philadelphia in the Commonwealth of 
Pennsylvania. These negative declarations certify that CISWI units 
subject to the requirements of sections 111(d) and 129 of the Clean Air 
Act (CAA) do not exist within the jurisdictional boundaries of the 
State of Delaware, the District of Columbia, and the City of 
Philadelphia in the Commonwealth of Pennsylvania. EPA is accepting the 
negative declarations in accordance with the requirements of the CAA.

DATES: This rule is effective on June 30, 2017 without further notice, 
unless EPA receives adverse written comment by May 31, 2017. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0081 at https://www.regulations.gov, or via email to 
[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, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Cate Opila, (215) 814-2041, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 111(d) and 129 of the CAA require submittal of state plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established by EPA under section 111(b) for 
new sources of the same source category and the EPA has established 
emission guidelines for such existing sources. When designated 
facilities are located in a state, the state must then develop and

[[Page 20277]]

submit a plan for the control of the designated pollutant. Subpart B of 
40 CFR part 60 establishes procedures to be followed and requirements 
to be met in the development and submission of state plans for 
controlling designated pollutants from designated facilities under 
sections 111(d) and 129 of the CAA. Also, Subpart A of 40 CFR part 62 
provides the procedural framework for the submission of these plans.
    If a state fails to submit a satisfactory plan, the CAA provides 
the EPA the authority to prescribe a plan for regulating the designated 
pollutants at the designated facilities. The EPA prescribed plan, also 
known as a federal plan, is often delegated to states with designated 
facilities but no EPA approved state-specific plan. If no such 
designated facilities exist within a state's jurisdiction, a state may 
submit to the EPA a letter of certification to that effect (referred to 
as a negative declaration) in lieu of a state plan to satisfy the 
state's obligation. 40 CFR 60.23(b) and 62.06. A negative declaration 
exempts the state from the requirement to submit a CAA section 111(d)/
section 129 plan for that designated pollutant and source category. 40 
CFR 60.23(b).

II. Commercial and Industrial Solid Waste Incinerators

    On December 1, 2000 (60 FR 75338), the EPA promulgated new source 
performance standards for new CISWI units, 40 CFR part 60, subpart 
CCCC, and emission guidelines for existing CISWI units, 40 CFR part 60, 
subpart DDDD. After a series of legal challenges, amendments, and 
reconsiderations, the EPA promulgated the Reconsideration and Final 
Amendments for CISWI units on February 7, 2013 (78 FR 9112) (providing 
final standards for new and existing sources). A CISWI unit is any 
distinct operating unit of any commercial or industrial facility that 
combusts, or has combusted in the preceding six months, any solid 
waste, as that term is defined in 40 CFR part 241, Solid Wastes Used as 
Fuels or Ingredients in Combustion Units. 40 CFR 60.2875. A state plan 
must address all existing CISWI units that commenced construction on or 
before June 4, 2010, or for which modification or reconstruction was 
commenced on or before August 7, 2013, with limited exceptions as 
provided in 40 CFR 60.2555. See 40 CFR 60.2550.
    As discussed previously, if there are no designated facilities in 
the state, the state may submit a negative declaration in lieu of a 
state plan. The EPA will provide public notice of receipt of a state's 
negative declaration with respect to CISWI. See 40 CFR 60.2530. If any 
subsequently identified existing CISWI unit is found in a state that 
had submitted a negative declaration, the Federal plan implementing the 
emission guidelines for subpart DDDD would automatically apply to that 
CISWI unit until a state plan is approved. See 40 CFR 60.2530.

III. State Submittals and EPA Analysis

    The State of Delaware, through the Department of Natural Resources 
& Environmental Control (DNREC), the District of Columbia District 
through the Department of Energy & Environment (DDOEE), and the City of 
Philadelphia through the Department of Public Health, Air Management 
Services in the Commonwealth of Pennsylvania (Philadelphia AMS) have 
determined that there are no CISWI units subject to CAA 111(d)/129 
requirements in their respective jurisdictional boundaries. 
Accordingly, each state and local agency has submitted to EPA a 
negative declaration letter certifying this fact. DNREC submitted a 
negative declaration letter to EPA on January 7, 2014. DDOEE submitted 
a negative declaration letter to EPA on November 8, 2013. Philadelphia 
AMS submitted a negative declaration letter to EPA on March 4, 2015. A 
typographical error in the letter was noted and clarified by 
Philadelphia AMS in an email on February 4, 2016. These negative 
declaration letters and a copy of the February 4, 2016 email are in the 
docket for this action and are available online at https://www.regulations.gov. A description of the states' submittals and EPA's 
rationale for the approval is also set forth in a technical support 
document for this action. Supporting documentation, including the 
technical support document, for this action is available in the docket 
for this rulemaking and available online at https://www.regulations.gov.

IV. Final Action

    In this direct final action, EPA is amending 40 CFR part 62 to 
reflect the receipt of negative declaration letters from the noted 
state and local agencies. EPA accepts these negative declarations as 
meeting the requirements in paragraph 40 CFR 60.23(b). Amendments are 
being made to 40 CFR part 62, subparts I (Delaware), J (District of 
Columbia), and NN (Pennsylvania). With respect to subpart NN, this 
action is only applicable to the City of Philadelphia air pollution 
control agency's jurisdiction; it does not include the remaining 
geographical areas in the Commonwealth of Pennsylvania. EPA is 
providing notice of receipt of these negative declarations.
    After publication of this Federal Register action, if a designated 
facility (i.e., existing CISWI unit) is later found within any of the 
three noted jurisdictions, then the overlooked facility will become 
subject to the requirements of the federal plan for CISWI units for 
that designated facility, including the compliance schedule, when 
promulgated by EPA. See 40 CFR 60.2530. The federal plan would no 
longer apply if EPA subsequently receives and approves a section 
111(d)/129 plan from the jurisdiction with the overlooked CISWI 
facility.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the action if adverse comments are filed. This rule 
will be effective on June 30, 2017 without further notice unless EPA 
receives adverse comment by May 31, 2017. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely notifies the public of EPA receipt of negative declarations from 
air pollution control agencies without any existing CISWI units within 
their jurisdictional boundaries. This action imposes no requirements. 
Accordingly, EPA certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
does not impose any additional enforceable duty beyond that required by 
state law, it does not contain any

[[Page 20278]]

unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4). This action also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves the negative 
declarations for existing CISWI units from DNREC, DDOEE and 
Philadelphia AMS. The action does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This action also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. This action does not provide EPA with the discretionary 
authority to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    With regard to negative declarations for designated facilities 
received by EPA from states, EPA's role is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. This action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 30, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action approving negative declarations for 
existing CISWI units from DNREC, DDOEE and Philadelphia AMS may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. Revise Sec.  62.1985 to read as follows:


Sec.  62.1985  Identification of plan--negative declaration.

    (a) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted November 16, 2001, certifying that 
there are no existing commercial/industrial solid waste incineration 
units within the State of Delaware that are subject to 40 CFR part 60, 
subpart DDDD.
    (b) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted January 7, 2014, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the State of Delaware that are subject to 40 CFR part 60, 
subpart DDDD.

Subpart J--District of Columbia

0
3. Revise Sec.  62.2155 to read as follows:


Sec.  62.2155  Identification of plan--negative declaration.

    (a) Letter from the District of Columbia Department of Health, 
Environmental Health Administration, submitted November 27, 2001, 
certifying that there are no existing commercial/industrial solid waste 
incineration units within the District of Columbia that are subject to 
40 CFR part 60, subpart DDDD.
    (b) Letter from the District of Columbia, District Department of 
Energy & Environment, submitted November 8, 2013, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the District of Columbia that are subject to 40 CFR part 60, 
subpart DDDD.

Subpart NN--Pennsylvania

0
4. Revise Sec.  62.9670 to read as follows:


Sec.  62.9670  Identification of plan--negative declaration.

    (a) Letter from the City of Philadelphia, Department of Public 
Health, submitted February 9, 2001, certifying that there are no 
existing commercial/industrial solid waste incineration units within 
the City of Philadelphia, Pennsylvania that are subject to 40 CFR part 
60, subpart DDDD.
    (b) Letter from the City of Philadelphia, Department of Public 
Health, submitted March 4, 2015, as amended February 4, 2016, 
certifying that there are no existing commercial/industrial solid waste 
incineration units within the City of Philadelphia, Pennsylvania that 
are subject to 40 CFR part 60, subpart DDDD.

[FR Doc. 2017-08657 Filed 4-28-17; 8:45 am]
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