[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]


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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.

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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 <a href="/cdn-cgi/l/email-protection#bddfd4cfd993cddcc9cfd4ded6fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="2d4f445f49035d4c595f444e466d485d4c034a425b">[email protected]</span></a>.

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.
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    \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).
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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\
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    \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).
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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:
    <bullet> 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);
    <bullet> This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions

[[Page 29460]]

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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