Proposed Rule2025-20411
Approval and Promulgation of Delegation of Authority for Designated Facilities and Pollutants; Allegheny County; Delegation of Authority of the Federal Plan for Existing Sewage Sludge Incineration Units
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Published
November 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a request from the Allegheny County Health Department (ACHD) for delegation of authority to implement and enforce the Federal Plan Requirements for Sewage Sludge Incineration (SSI) units within Allegheny County in the Commonwealth of Pennsylvania. On April 29, 2016, the EPA promulgated the Federal Plan for SSI units to fulfill the requirements of sections 111(d)/129 of the Clean Air Act (CAA). The 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 Federal Plan imposes emission limits and other control requirements for existing affected SSI facilities which will reduce designated pollutants.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Proposed Rules]
[Pages 52313-52316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20411]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2025-0487; FRL-12943-01-R3]
Approval and Promulgation of Delegation of Authority for
Designated Facilities and Pollutants; Allegheny County; Delegation of
Authority of the Federal Plan for Existing Sewage Sludge Incineration
Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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[[Page 52314]]
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request from the Allegheny County Health Department (ACHD)
for delegation of authority to implement and enforce the Federal Plan
Requirements for Sewage Sludge Incineration (SSI) units within
Allegheny County in the Commonwealth of Pennsylvania. On April 29,
2016, the EPA promulgated the Federal Plan for SSI units to fulfill the
requirements of sections 111(d)/129 of the Clean Air Act (CAA). The
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
Federal Plan imposes emission limits and other control requirements for
existing affected SSI facilities which will reduce designated
pollutants.
DATES: Written comments must be received on or before December 22,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0487 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#3a4e5b56565f43145e5b4c535e7a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="84f0e5e8e8e1fdaae0e5f2ede0c4e1f4e5aae3ebf2">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the 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. The 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Blvd., Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-5271. Ms.
Stankunas can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#2c5f584d424759424d5f02475e555f584d406c495c4d024b435a"><span class="__cf_email__" data-cfemail="443730252a2f312a25376a2f363d37302528042134256a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2025, the Regional Administrator for EPA Region III
signed a Memorandum of Agreement (MoA) which is the mechanism for the
transfer of authority between the EPA and the ACHD and defines the
policies, responsibilities and procedures by which the ACHD will
implement and enforce the Federal Plan for existing SSI units. The EPA
is proposing to approve the ACHD request for delegation of authority to
implement and enforce the SSI Federal Plan found at 40 CFR part 62
subpart LLL and to adhere to the terms and conditions prescribed in the
MoA signed by the EPA and representatives of Allegheny County and the
ACHD, as explained further in this action. The purpose of this SSI
Federal Plan delegation is to transfer primary implementation and
enforcement responsibility from the EPA to the ACHD for all affected
facilities within the jurisdiction of Allegheny County. However,
nothing in this action, nor in the MoA, shall be construed to prohibit
the EPA from enforcing the SSI Federal Plan.
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 the EPA has established emission
guidelines for such existing sources. A designated pollutant is any
pollutant for which no air quality criteria has been issued or which is
not included on a list published under section 108(a) (national ambient
air quality standards) or section 112 (hazardous air pollutants) of the
CAA, but emissions of which would be subject to a standard of
performance for new stationary sources under section 111(b). In
addition, section 129 of the CAA also requires the EPA to promulgate
emission guidelines for solid waste incineration units that emit
specific air pollutants or a mixture of air pollutants. These
pollutants include organics (dioxins and dibenzofurans), carbon
monoxide, metals (cadmium, lead and mercury), acid gases (hydrogen
chloride, sulfur dioxide and oxides of nitrogen), particulate matter
and opacity (as appropriate).
On March 21, 2011 (76 FR 15372), the EPA promulgated new source
performance standards and emission guidelines for SSI units at 40 CFR
part 60 subparts LLLL and MMMM, respectively. The designated facilities
to which the emission guidelines apply are existing SSI units, as
stipulated in subpart MMMM, that commenced construction on or before
October 14, 2010.
Pursuant to section 129(b)(2) of the CAA, state plan requirements
must be ``at least as protective'' as the emission guidelines and
become federally enforceable upon approval by the EPA. The procedures
for adoption and submittal of state plans are codified in 40 CFR part
60, subpart B. For states that fail to submit a state plan, the EPA is
required to develop and implement a Federal Plan within two years
following promulgation of the emission guidelines. 42 U.S.C.
7429(b)(3). The EPA implementation and enforcement of the Federal Plan
is viewed as an interim measure until states assume their role as the
preferred implementers of the emission guidelines requirements
stipulated in the Federal Plan. Accordingly, the EPA promulgated the
SSI Federal Plan on April 29, 2016 (81 FR 26040) which is codified at
40 CFR part 62, subpart LLL. In that rulemaking, the EPA strongly
encouraged state and local agencies in jurisdictions that did not
submit approvable state plans to request delegation of the SSI Federal
Plan so that they can have the primary responsibility for implementing
and enforcing regulations affecting existing source SSI units,
consistent with the intent of section 129 of the CAA. 81 FR 26040,
26055 (April 29, 2016).
II. Summary of Action and EPA Analysis
On November 13, 2017, the ACHD submitted to the EPA a request for
delegation of authority to implement and enforce the SSI Federal Plan.
The scope of the request includes only the geographical area of
Allegheny County. The EPA evaluated the ACHD request for delegation
pursuant to the provisions of the SSI Federal Plan and the EPA's
Delegation Manual.\1\ 40 CFR 62.15865 of the SSI Federal Plan
establishes that a state may meet its CAA section 111(d)/129
obligations by submitting an acceptable written request for delegation
of the Federal Plan that includes the following requirements: (1)
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a demonstration of adequate resources and legal authority to administer
and enforce the Federal Plan; (2) an inventory of affected SSI units,
an inventory of emissions from affected SSI units, and provisions for
state progress reports (see items under 40 CFR 60.5015(a)(1), (2) and
(7) from the SSI emission guidelines); (3) certification that the
hearing on the state delegation request, similar to the hearing for a
state plan submittal, was held, a list of witnesses and their
organizational affiliations, if any, appearing at the hearing, and a
brief written summary of each presentation or written submission; and
(4) a commitment to enter into an MoA with the Regional Administrator
that sets forth the terms, conditions and effective date of the
delegation and that serves as the mechanism for the transfer of
authority.
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\1\ Item 7-139 of the EPA's Delegation Manual is entitled
``Implementation and Enforcement of 111(d)(2) and 111(d)(2)/
129(b)(3) Federal Plans'' and the reader may refer to it in the
docket for this rulemaking at <a href="http://www.regulations.gov">www.regulations.gov</a> (see Docket ID
Number EPA-R03-OAR-2025-0487).
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Under the EPA's Delegation Manual, item 7-139, the Regional
Administrator is authorized to delegate implementation and enforcement
of sections 111(d)/129 Federal Plans to states. The Regional
Administrator may consider delegating authority to implement and
enforce Federal Plans to a state provided the following conditions are
met: (1) the state does not already have an EPA approved state plan;
(2) the state submits a demonstration of adequate resources and legal
authority to administer and enforce the Federal Plan; and (3) the state
enters into an MoA with the Regional Administrator that sets forth the
terms, conditions and effective date of the delegation and that serves
as the mechanism for the transfer of authority.
In parallel with our review of the delegation request, the EPA
prepared the MoA which defines the policies, responsibilities, and
procedures by which the SSI Federal Plan will be administered and
enforced by both the ACHD and the EPA.
Both the EPA and Allegheny County signed the MoA in which the
parties agreed to the terms and conditions regarding the policies,
responsibilities, and procedures for the implementation and enforcement
of the delegated SSI Federal Plan. The MoA is the mechanism for the
transfer of authority from the EPA to the ACHD. The MoA became
effective upon signature by the EPA on June 17, 2025.
The ACHD has met all the EPA's delegation requirements as described
above. The reader may view the ACHD letter to the EPA requesting
delegation and the MoA signed by both parties at <a href="http://www.regulations.gov">www.regulations.gov</a>,
identified by Docket ID Number EPA-R03-OAR-2025-0487.
III. Proposed Action
The EPA has evaluated the ACHD delegation request submittal for
consistency with the CAA, EPA regulations, and EPA policy. The ACHD has
met all the requirements for obtaining delegation of authority to
implement and enforce the SSI Federal Plan. Allegheny County entered
into an MoA with the EPA, and it became effective on June 17, 2025.
Accordingly, the EPA is proposing to approve the ACHD request dated
November 13, 2017 for delegation of authority to implement and enforce
the Federal Plan for existing SSI units. The EPA will continue to
retain certain specific authorities reserved to the EPA in the SSI
Federal Plan, as indicated in the MoA (e.g., authority to approve major
alternatives to test methods or monitoring, etc.), and as required
under 40 CFR 62.16050.
IV. Statutory and Executive Order Reviews
Under the CAA, the EPA has the authority to delegate to a state or
local agency the authority to implement a 111(d)/129 Federal Plan so
long as the delegation complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7411(d) and 7429(b)(3); 40
CFR 60.5045; 40 CFR 62.15865. In reviewing 111(d)/129 Federal Plan
delegation requests, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA and the EPA's
implementing regulations. Accordingly, this action merely proposes to
codify in the Code of Federal Regulations the EPA's delegation of
authority to the ACHD to administer the Federal Plan and does not
impose additional requirements beyond those imposed by the already
applicable SSI Federal Plan.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not expected to be an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action 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.). This action merely delegates to
the local agency the authority to implement the already applicable
requirements of the Federal Plan.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate, as described in
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and does
not significantly or uniquely affect small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will
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.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. This action merely
delegates to a local agency the authority to administer the already
applicable SSI Federal Plan.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
merely delegates to a local agency the authority
[[Page 52316]]
to administer the already applicable SSI Federal Plan.
J. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
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.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-20411 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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