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 citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Regulation No. 62.5 ......... Air Pollution Control Standards.

Standard No. 1 ................ Emissions from Fuel Burning Operations.

Section I ........................... Visible Emissions ............................................. 6/27/2014 6/25/2018, [Insert citation of publication].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. 

Section II ......................... Particulate Matter Emissions ........................... 6/27/2014 6/25/2018, [Insert citation of publication].

Section III ........................ Sulfur Dioxide Emissions ................................. 6/27/2014 6/25/2018, [Insert citation of publication].

Section IV ........................ Opacity Monitoring Requirements ................... 9/23/2016 6/25/2018, [Insert citation of publication].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. 

* * * * * * * 

Section VI ........................ Periodic Testing ............................................... 6/27/2014 6/25/2018, [Insert citation of publication].

* * * * * * * 

Standard No. 4 ................ Emissions From Process Industries.

* * * * * * * 

Section II ......................... Sulfuric Acid Manufacturing ............................. 6/27/2014 6/25/2018, [Insert citation of publication].

Section III ........................ Kraft Pulp and Paper Manufacturing Plants .... 6/27/2014 6/25/2018, [Insert citation of publication].

Section V ......................... Cotton Gins ...................................................... 6/27/2014 6/25/2018, [Insert citation of publication].

* * * * * * * 

Section VIII ...................... Other Manufacturing ........................................ 6/24/2016 6/25/2018, [Insert citation of publication].

* * * * * * * 

Section XI ........................ Total Reduced Sulfur Emissions of Kraft Pulp 

Mills.

6/27/2014 6/25/2018, [Insert citation of publication].

Section XII ....................... Periodic Testing ............................................... 6/24/2016 6/25/2018, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2018–13446 Filed 6–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

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 


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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29459 

1See 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). 

2Section 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). 

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 

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. 

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

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 


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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 

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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

RIN 0648–XG306 

Extension of Opening Date for 

Subsistence Taking of Northern Fur 

Seals on the Pribilof Islands; St. 

George Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; extension of 

opening date. 

SUMMARY: 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: 

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 


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