Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49511 

NASA, has requested an extension of 

time for the temporary deviation from 

the operating schedule that governs the 

NASA Railroad Bridge (Jay Jay Bridge) 

to complete bridge repairs, due to delays 

and storm damage related to Hurricane 

Irma. The bridge is a single leaf bascule 

railroad bridge with a seven foot vertical 

clearance in the closed position. The 

normal operating schedule for the 

bridge is found in 33 CFR 117.261(j). 

The deviation period is from 8 a.m. on 

September 27, 2017 to 4 p.m. on 

October 31, 2017. During this period, 

the bridge is allowed to remain closed 

to navigation from 8 a.m. to noon and 

from 1 p.m. to 4 p.m., Monday through 

Friday. 

Vessels able to pass through the 

bridge in the closed position may do so 

at anytime. The bridge will be able to 

open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 27, 2017. 

Barry L. Dragon, 

Director, Bridge Branch, Seventh Coast Guard 

District. 

[FR Doc. 2017–23322 Filed 10–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2017–0509; FRL–9969–92– 

Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; City of 

Philadelphia; Control of Emissions 

From Existing Sewage Sludge 

Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to notify the public that it has 

received a negative declaration for 

sewage sludge incineration (SSI) units 

within the City of Philadelphia. This 

negative declaration certifies that SSI 

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 

Philadelphia Air Management Service 

(AMS). EPA is accepting the negative 

declaration in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on 

December 26, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 27, 

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 Number EPA– 

R03–OAR–2017–0509 at http://

www.regulations.gov, or via email to 

aquino.marcos@epa.gov. 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: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 111(d) and 129 of the CAA 

require states to submit plans to control 

certain pollutants (designated 

pollutants) at existing solid waste 

combustor facilities (designated 

facilities) whenever standards of 

performance have been established 

under section 111(b) for new sources of 

the same type, and EPA has established 

emission guidelines (EG) for such 

existing sources. A designated pollutant 

is any pollutant for which no air quality 

criteria have been issued, and which is 

not included on a list published under 

section 108(a) or section 112(b)(1)(A) of 

the CAA, but emissions of which are 

subject to a standard of performance for 

new stationary sources. On March 21, 

2011 (76 FR 15372), EPA promulgated 

SSI unit new source performance 

standards, 40 CFR part 60, subpart 

LLLL, and emission guidelines, subpart 

MMMM. The designated facilities to 

which the EG apply are existing SSI 

units that: (1) Commenced construction 

on or before October 14, 2010; (2) that 

meet the definition of a SSI unit as 

defined in § 60.5250; and (3) are not 

exempt under § 60.5065. 

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. Also, 40 CFR part 62 

provides the procedural framework for 

the submission of these plans. When 

designated facilities are located in a 

state, the state must then develop and 

submit a plan for the control of the 

designated pollutant. However, 40 CFR 

60.23(b) and 62.06 provide that if there 

are no existing sources of the designated 

pollutant in the state, the state may 

submit a letter of certification to that 

effect (i.e., negative declaration) in lieu 

of a plan. The negative declaration 

exempts the state from the requirements 

of subpart B that require the submittal 

of a 111(d)/129 plan. 

II. State Submittal and EPA Analysis 

Philadelphia AMS has determined 

that there are no SSI units subject to the 

requirements of Sections CAA 111(d) 

and 129 of the CAA in their respective 

air pollution control jurisdiction. 

Accordingly, Philadelphia AMS 

submitted a negative declaration letter 

to EPA certifying this fact on March 28, 

2012. The negative declaration letter 

and EPA’s technical support document 

for this action are available in the 

docket for this the docket for this 

rulemaking and available online at 

www.regulations.gov. 

III. Final Action 

In this direct final action, EPA is 

amending part 62 to reflect receipt of 

the negative declaration letter from 

Philadelphia AMS. EPA is publishing 

this rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 


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49512 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 

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 revision if adverse 

comments are filed. This rule will be 

effective on December 26, 2017 without 

further notice unless EPA receives 

adverse comment by November 27, 

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. 

IV. 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 a negative 

declaration from an air pollution control 

agency 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 the negative declaration for 

existing SSI units from the Philadelphia 

AMS 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 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. 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 December 26, 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. 

This action approving a negative 

declaration submitted by Philadelphia 

AMS for SSI units 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, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: October 11, 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 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Add an undesignated heading and 

§ 62.9665 to subpart NN to read as 

follows: 

Emissions From Existing Sewage Sludge 

Incineration Units 

§ 62.9665 Identification of plan—negative 

declaration. 

Letter from the City of Philadelphia, 

Department of Public Health, submitted 

March 28, 2012, certifying that there are 

no existing sewage sludge incineration 

units within the City of Philadelphia, 

Pennsylvania that are subject to 40 CFR 

part 60, subpart Ce. 

[FR Doc. 2017–23229 Filed 10–25–17; 8:45 am] 

BILLING CODE 6560–50–P 


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