39334 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2013–0475; FRL–9913–32– 

Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Delaware, 

District of Columbia, and West 

Virginia; Control of Emissions From 

Existing Sewage Sludge Incinerator 

Units 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the Clean Air Act 

(CAA) negative declarations for the 

State of Delaware, the District of 

Columbia, and the State of West 

Virginia for existing sewage sludge 

incinerator (SSI) units. These negative 

declarations certify that SSI units 

subject to the requirements of sections 

111(d) and 129 of the CAA do not exist 

within the jurisdictional boundaries of 

the Delaware Department of Natural 

Resources and Environmental Control 

(DNREC), the District Department of the 

Environment (DDOE), and the West 

Virginia Department of Environmental 

Protection (WVDEP). EPA is accepting 

the negative declarations in accordance 

with the requirements of the CAA. 

DATES: This rule is effective on 

September 8, 2014 without further 

notice, unless EPA receives adverse 

written comment by August 11, 2014. 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 Number EPA– 

R03–OAR–2013–0475 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: rehn.brian@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0475, 

Brian Rehn, Acting Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0475. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the submittals are available at 

the Delaware Department of Natural 

Resources and Environmental Control, 

89 Kings Highway, P.O. Box 1401, 

Dover, Delaware 19903, the District of 

Columbia Department of the 

Environment, Air Quality Division, 

1200 1st Street NE., Fifth Floor, 

Washington, DC 20002, and the West 

Virginia Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA’s statutory authority for the 

regulation of new and existing solid 

waste incineration units is outlined in 

CAA sections 129 and 111. Section 129 

of the CAA is specific to solid waste 

combustion, and requires EPA to 

establish performance standards for 

each category of solid waste 

incineration units. These standards 

include new source performance 

standards (NSPS), applicable to new 

units, and emissions guidelines for 

existing units. Under CAA section 129, 

an NSPS or emissions guideline must 

contain numerical emissions limitations 

for particulate matter, opacity (as 

appropriate), sulfur dioxide, hydrogen 

chloride, oxides of nitrogen, carbon 

monoxide, lead, cadmium, mercury, and 

dioxins and dibenzofurans. While the 

NSPS is directly applicable to affected 

facilities, the emissions guidelines for 

existing units are intended for states to 

use in order to develop a state plan to 

submit to EPA. Once approved by EPA, 

the state plan becomes federally 

enforceable. If a State does not submit 

an approvable state plan to EPA, EPA is 

responsible for enforcing and 

implementing a federal plan. 

While section 129 of the CAA is 

specific to the combustion of solid 

waste, it also relies on CAA section 111 

in promulgating the NSPS and 

emissions guidelines. Section 111 of the 

CAA gives EPA the statutory authority 

to promulgate an NSPS and/or 

emissions guideline for certain 

categories of stationary sources, and 

describes the procedural requirements 

for the development and 

implementation of these standards. 

More specifically, CAA section 111(d) 

requires EPA to establish procedures for 

States to submit a state plan to EPA for 

the regulation of existing sources 

whenever emissions guidelines are 

promulgated. The general provisions for 

the submittal and approval of state 

plans are codified in 40 CFR part 60, 

subpart B and 40 CFR part 62, subpart 

A. 

States have options other than 

submitting a state plan in order to fulfill 

their obligations under CAA sections 

111(d) and 129. If a State does not have 

any existing solid waste incineration 

units for the relevant emissions 

guidelines, 40 CFR 60.23(b) and 62.06 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations 39335 

provide that a letter may be submitted 

certifying that no such units exist 

within the State (i.e., negative 

declaration) in lieu of a state plan. The 

negative declaration exempts the State 

from the requirements of subpart B that 

would otherwise require the submittal 

of a CAA section 111(d)/129 plan. 

On March 21, 2011 (76 FR 15372), 

EPA promulgated new source 

performance standards, 40 CFR part 60, 

subpart LLLL, and emission guidelines, 

subpart MMMM, for new and existing 

SSI units, respectively. Existing SSI 

units are units that commenced 

construction on or before October 14, 

2010. The DNREC, DDOE, and WVDEP 

have each determined that there are no 

existing SSI units subject to CAA 

sections 111(d) and 129 requirements in 

their individual air pollution control 

jurisdictions. In order to fulfill 

obligations under CAA sections 111(d) 

and 129, DNREC, DDOE, and WVDEP 

submitted negative declaration letters to 

EPA on February 7, 2012, July 26, 2012, 

and August 27, 2012, respectively. The 

submittal of these declarations exempts 

DNREC, DDOE, and WVDEP from the 

requirement to submit a state plan for 

existing SSI units. 

II. Final EPA Action 

In this direct final action, EPA is 

amending part 62 to reflect receipt of 

the negative declaration letters from 

DNREC, DDOE, and WVDEP. 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 this Federal Register, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

negative declarations if adverse 

comments are filed. This rule will be 

effective on September 8, 2014 without 

further notice unless EPA receives 

adverse comment by August 11, 2014. 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. 

III. 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 SSI units 

in their jurisdiction. This action 

imposes no requirements. Accordingly, 

EPA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (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 negative declarations for 

existing SSI units from DNREC, DDOE, 

and WVDEP and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

With regard to negative declarations 

for existing solid waste incineration 

facilities received by EPA from states, 

EPA’s role is to notify the public of the 

receipt of such negative declarations 

and revise 40 CFR part 62 accordingly. 

In this context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to approve or 

disapprove a CAA section 111(d)/129 

plan negative declaration submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a CAA section 

111(d)/129 negative declaration, to use 

VCS in place of a section 111(d)/129 

negative declaration that otherwise 

satisfies the provisions of the Clean Air 

Act. Thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. This 

action does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 8, 2014. 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 this 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. This action 

approving negative declarations for SSI 

units from DNREC, DDOE, and WVDEP 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 


tkelley on DSK3SPTVN1PROD with RULES
39336 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: June 11, 2014. 

W.C. Early, 

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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Subpart I is amended by adding 

after § 62.1990 an undesignated center 

heading and § 62.1995 to read as 

follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.1995 Identification of plan—negative 

declaration. 

Letter from the Delaware Department 

of Natural Resources and Environmental 

Control, submitted to EPA on February 

7, 2012, certifying that there are no 

known existing sewage sludge 

incineration units in the State of 

Delaware. 

Subpart J—District of Columbia 

■ 3. Subpart J is amended by adding 

after § 62.2155 an undesignated center 

heading and § 62.2160 to read as 

follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.2160 Identification of plan—negative 

declaration. 

Letter from the District Department of 

the Environment, submitted to EPA on 

July 26, 2012, certifying that there are 

no known existing sewage sludge 

incineration units in the District of 

Columbia. 

Subpart XX—West Virginia 

■ 4. Subpart XX is amended by adding 

after § 62.12165 an undesignated center 

heading and § 62.12170 to read as 

follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.12170 Identification of plan—negative 

declaration. 

Letter from the West Virginia 

Department of Environmental 

Protection, submitted to EPA on August 

27, 2012, certifying that there are no 

known existing sewage sludge 

incineration units in the State of West 

Virginia. 

[FR Doc. 2014–16034 Filed 7–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 27 and 90 

[WT Docket No. 96–86; FCC 13–40] 

The Development of Operational, 

Technical and Spectrum Requirements 

for Meeting Federal, State and Local 

Public Safety Communications 

Requirements Through the Year 2010 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document adopts minor 

changes to the rules governing the 700 

MHz public safety narrowband 

spectrum (769–775/799–805 MHz). The 

rule changes eliminate or update 

outdated technical requirements and 

offer public safety licensees additional 

flexibility to operate their 700 MHz 

narrowband land mobile radio systems. 

This document also adopts a 

corresponding change to the emission 

limits of commercial transmitters 

operating in the Guard Band B Block 

spectrum (775–776/805–806 MHz) and 

addresses recommendations from the 

National Coordination Committee (NCC) 

for changes to the 700 MHz narrowband 

rules. 

DATES: Effective August 11, 2014. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of August 11, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Brian Marenco, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau, (202) 418–0838. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Seventh 

Report and Order in WT Docket No. 96– 

86, FCC 13–40, released on April 1, 

2013. The document is available for 

download at http://fjallfoss.fcc.gov/

edocs_public/. The complete text of this 

document is also available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to FCC504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

1. In 1998, the Commission 

established the initial band plan and 

service rules for the 24 megahertz of 

public safety spectrum in the 700 MHz 

band, which it reallocated from TV 

channels 60–69 in accordance with the 

mandate expressed in the Balanced 

Budget Act of 1997, 63 FR 58645, 

November 2, 1998. The Commission 

also divided the 24 megahertz of 

spectrum into narrowband (6.25 

kilohertz channel) and wideband (50 

kilohertz channel) segments. 

2. In 2005, the Commission adopted 

the Sixth Report and Order in WT 

Docket No. 96–86 which revised the 

Commission’s rules regarding adjacent 

channel power (ACP) emission limits 

for the 700 MHz public safety band, 70 

FR 21663, April 27, 2005. In the 

accompanying Seventh Notice of 

Proposed Rule Making (Seventh NPRM), 

the Commission sought comment and 

issued tentative conclusions regarding 

proposals filed by TIA–PRS, Access 

Spectrum, Nortel/EADS and the NCC to 

revise various rules governing the 700 

MHz public safety narrowband 

spectrum, including additional 

proposed revisions to the ACP rules. 

3. In 2007, the Commission adopted 

the 700 MHz Second Report and Order 

in PS Docket No. 06–229, which revised 

the band plan and service rules 

governing both the commercial and 

public safety portions of the 700 MHz 

band, 72 FR 48814, August 24, 2007. 

Among other things, the Commission 

redesignated 10 megahertz of public 

safety 700 MHz spectrum (at 763–768/ 

793–798 MHz) for broadband use and 

established a plan for development of a 

nationwide, interoperable broadband 

public safety communications network. 

In order to accommodate the new public 

safety broadband allocation, the 

Commission eliminated the public 

safety 50 kilohertz wideband channels 

and consolidated the public safety 6.25 

kilohertz narrowband channels into 

their current locations at 769–775 and 

799–805 MHz. 

4. In the Seventh Report and Order, 

the Commission resolves the proposals 

considered in the Seventh NPRM that 

affect the consolidated 700 MHz 

narrowband channels (6.25 kilohertz). 

The Commission does not address 


tkelley on DSK3SPTVN1PROD with RULES