Rule2026-09043
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
Primary source
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Published
May 7, 2026
Effective
June 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is codifying the approval of a request submitted by the Allegheny County Health Department (ACHD) for delegation of authority to implement and enforce the Federal plan for existing affected Sewage Sludge Incineration (SSI) units within Allegheny County in the Commonwealth of Pennsylvania. 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 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Rules and Regulations]
[Pages 24728-24731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09043]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2025-0487; FRL-12943-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is codifying the
approval of a request submitted by the Allegheny County Health
Department (ACHD) for delegation of authority to implement and enforce
the Federal plan for existing affected Sewage Sludge Incineration (SSI)
units within Allegheny County in the Commonwealth of Pennsylvania. 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: This final rule is effective on June 8, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-0487. All documents in the docket are
listed on the <a href="http://Regulations.gov">Regulations.gov</a> website. Some information is not publicly
available, e.g., 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 through <a href="http://Regulations.gov">Regulations.gov</a>, or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additionally available information.
FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch
(3AP10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F Kennedy Boulevard, 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#782b0c1916130d16190b56130a010b0c1914381d0819561f170e"><span class="__cf_email__" data-cfemail="5b082f3a35302e353a2875302922282f3a371b3e2b3a753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 29, 2016, in accordance with sections 111 and 129 of the
Clean Air Act (CAA), the EPA codified at 40 Code of Federal Regulations
(CFR) part 62, subpart LLL, a Federal plan for existing SSI units
(``Federal plan'') that implements the emission guidelines (EG) in
States that do not have an approved State plan. See 81 FR 26040 (April
29, 2016). 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 EG requirements stipulated in the Federal
plan. Accordingly, the EPA encourages States to either develop their
own plan or to request delegation of the Federal plan, as the ACHD has
done. State plans and requests for delegations of authority that have
been approved by the EPA are reflected in the Code of Federal
Regulations at 40 CFR part 62, subparts B through DDD.
On November 20, 2025 (90 FR 52313), the EPA published a notice of
proposed rulemaking (NPRM) in accordance with the EPA's Delegation
Manual, item 7-139. In the NPRM, the EPA proposed approval of the ACHD
request dated November 13, 2017 for delegation of authority to
implement and enforce the Federal plan for existing SSI units. The EPA
is now taking final action to delegate authority to the ACHD to
implement and enforce the Federal plan. The purpose of this delegation
is to acknowledge the ACHD's ability to implement the Federal plan and
to transfer primary implementation and enforcement responsibility from
the EPA to the ACHD for existing applicable sources of SSI units.
II. Summary of Action and EPA Analysis
On November 13, 2017, the ACHD requested delegation of authority
from the EPA to implement and enforce the Federal plan for existing SSI
units, codified at 40 CFR part 62 subpart LLL. The scope of the request
from the ACHD included all affected facilities within Allegheny County.
Evaluation of the ACHD's requested delegation authority from the EPA to
implement and enforce the Federal plan for existing SSI units is
discussed in the NPRM for this action. November 20, 2025 (90 FR 52313).
The EPA prepared the Memorandum of Agreement (MOA) that defined the
policies, responsibilities, and procedures by which the SSI Federal
Plan would be administered by both the ACHD and the EPA, pursuant to 40
CFR part 62, subpart LLL for SSI units. The MOA serves as the transfer
mechanism for the implementation and enforcement authority to the ACHD.
The MOA became effective upon signature by Regional Administrator,
Amy Van Blarcom-Lackey, on June 17, 2025. The EPA continues to retain
enforcement authority along with the ACHD. The delegation of authority
is effective on June 8, 2026.
III. EPA's Response to Comments Received
The EPA received one set of comments on the November 20, 2025 NPRM.
A summary of the comments and the EPA's responses are included in
[[Page 24729]]
this section. A copy of the set of comments can be found in the docket
for the rulemaking action.
Comment 1: The comment states that to the extent that the action
relies on Administrative Procedure Act (APA) provisions at 5 U.S.C.
553(b)(B), (b)(A), or (d)(3), the EPA should provide a detailed
justification. The comment requests that the EPA otherwise provide the
standard prior notice-and-comment and a 30-day delayed effective date.
Response 1: The EPA is not relying on any of the APA provisions at
5 U.S.C. 553 specified in the comment. The EPA published the proposed
rule on November 20, 2025, with a comment period ending December 22,
2025. That proposed rule was not a final action for the commenter to
petition the EPA for a stay or delay of a yet-to-be-established
effective date. The EPA is now finalizing that proposed rule with an
effective date 30 days after the date of publication in the Federal
Register.
Comment 2: The comment claims that the EPA did not provide a
factual basis for the certification under the Regulatory Flexibility
Act (RFA) and states that the EPA should consult with the Small
Business Administration's Office of Advocacy under the Small Business
Regulatory Enforcement Fairness Act (SBREFA) consistent with SBREFA
best practices.
Response 2: The EPA disagrees. The EPA certified this rule will not
have a significant economic impact because it delegates to the ACHD
authority to implement the Federal plan. Per the source inventory which
is included in the docket, the ACHD will only regulate a single entity
in implementing the delegated Federal plan. The Federal Plan, which
applies to the existing SSI units in Allegheny County and all other SSI
units nationwide for which there is no State plan, was certified not to
have a significant impact on a substantial number of small entities.
See 81 FR 26050 at 26062 (April 29, 2016). This final rule delegates
authority to the ACHD to implement and enforce the Federal Plan for
existing SSI units in Allegheny County and does not regulate a greater
number of SSI units than those regulated under the Federal Plan. The
facility with the SSI unit is not a small entity. Consultation with the
SBA is not necessary.
Comment 3: The comment states that the rulemaking asserts that it
imposes no new information collection burden under the Paperwork
Reduction Act (PRA) but should support that statement by providing
Office of Management and Budget (OMB) control numbers covering
reporting and recordkeeping for each facility/pollutant affected by
this delegation and explain how the local delegatee's collection role
is addressed under those information collection requests. The comment
claims that information collections conducted by a non-Federal entity
``for or on behalf of'' a Federal agency are subject to the PRA under 5
CFR 1320.3(d).
Response 3: The EPA disagrees. The PRA does not apply because the
action does not involve an information collection burden as defined by
the Act. The delegated Federal plan only applies to a single facility.
Therefore, this action is not conducting or sponsoring the collection
of information from ten or more persons such that Office of Management
and Budget approval is required. See 44 U.S.C. 3502(3) and (10), 3507;
5 CFR 1320.3(c).
Comment 4: The comment states that the EPA should provide in the
docket the basis for the E.O. 12866 determination that the action is
not a significant regulatory action. Without providing specifics, the
comment speculates that this action could be a significant regulatory
action because delegation of Federal plan/emission guideline
implementation across multiple designated facilities and pollutants may
raise novel legal or policy issues, especially where it allocates site-
specific discretionary approval authorities from EPA to a State/local
agency. Finally, the comment states that if the EPA consulted the
Office of Information and Regulatory Affairs (OIRA) informally, the EPA
should add a memorandum to the file to reflect OIRA consultation.
Response 4: The EPA disagrees. The Agency has complied with E.O.
12866 by determining that the rulemaking is not a significant
regulatory action as defined in E.O. 12866. This action authorizes the
ACHD to implement and enforce the Federal plan for existing SSI units,
and the agency certified that the Federal plan was not a significant
regulatory action. See 81 FR 26040 at 26062 (April 29, 2016).
Consultation with the OIRA was not required. This action does not raise
novel legal or policy issues as it relates to implementation of the
Federal plan. Furthermore, per paragraph VI.B. of the MOA, the EPA
retains authorities such as site-specific operating limits and
alternatives to the emission limits and standards in Tables 2 and 3 of
the Federal Plan, approval of major alternatives to test methods,
monitoring, and recordkeeping and reporting, and performance test and
data reduction waivers.
Comment 5: The comment states that the following items ought to be
included in the docket to allow for ``the public to evaluate the
impacts and legality of this delegation,'' provide a meaningful
opportunity to comment, and to reopen the comment period if such
documents were not provided: (1) a delegation request letter from the
State/local agency, (2) the delegation agreement or memorandum of
agreement, (3) a subpart-by-subpart matrix identifying the specific
authorities being delegated and those retained by EPA, (4) evidence of
the delegatee's legal authority and adequate resources, and (4)
guidance or implementation procedures that will govern permit writers
and regulated sources under the delegation.
Response 5: The EPA provided a meaningful opportunity to comment by
including in the docket all documents that are most critical to the
EPA's decision to delegate implementation of the Federal Plan to the
ACHD. See Chamber of Commerce of the United States v. SEC, 443 F.3d
890, 900 (D.C. Cir. 2006) (``In essence, the question is whether at
least the most critical factual material that is used to support the
agency's position on review . . . has been made public in the
proceeding and exposed to refutation.'') (internal quotation marks and
citations omitted). The EPA included in the docket the memorandum of
agreement (MOA), the delegation request letter from the State/local
agency, and the delegation request submission which provides the ACHD's
legal authority and an explanation of its resources.
The suggested subpart-by-subpart matrix is inapplicable, as the EPA
is only delegating authority to implement a single subpart in this
action. Moreover, paragraph VI of the MOA identifies which authorities
the EPA retains as the Federal plan requires at 40 CFR part 62, subpart
LLL.
While the MOA mentions enforcement and permitting documents,\1\
these documents are not critical to the EPA's decision to delegate
implementation of the Federal plan to the ACHD. Nor are they specific
to the sewage sludge incinerator MOA between the EPA and the ACHD.
Rather they are the general policies and procedures that the ACHD
already
[[Page 24730]]
follows in enforcing and administering its air program.
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\1\ Public enforcement and permitting documents are available
at, <a href="http://www.epa.gov/compliance/clean-air-act-stationary-source-compliance-monitoring-strategy">www.epa.gov/compliance/clean-air-act-stationary-source-compliance-monitoring-strategy</a>, <a href="http://www.epa.gov/enforcement/revised-timely-and-appropriate-t-and-enforcement-response-high-priority-violations-hpvs">www.epa.gov/enforcement/revised-timely-and-appropriate-t-and-enforcement-response-high-priority-violations-hpvs</a>, <a href="http://www.epa.gov/compliance/guidance-federally-reportable-violations-stationary-air-sources">www.epa.gov/compliance/guidance-federally-reportable-violations-stationary-air-sources</a>, and <a href="http://www.epa.gov/caa-permitting/caa-permitting-tools-related-resources">www.epa.gov/caa-permitting/caa-permitting-tools-related-resources</a>. For approval of
ACHD's permitting program. See 66 FR 55112 (November 11, 2001), 78
FR 13493 (February 28, 2013), and 85 FR 36164 (June 15, 2020).
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IV. Final Action
In this action, the EPA is delegating to the ACHD the authority to
implement and enforce the Federal plan for SSI units within Allegheny
County. The Code of Federal Regulations is being amended at 40 CFR part
62, subpart NN to reflect this delegation, 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 rule at <a href="http://Regulations.gov">Regulations.gov</a> (see Docket ID Number EPA-R03-OAR-2025-
0487).
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V. Statutory and Executive Order Reviews
1. General Requirements
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 codifies 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 final rule does not involve technical standards. This action
merely delegates to a local agency the authority 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.
2. 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. The 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).
3. 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 July 6, 2026. 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. This action, codifying approval of a request submitted by the
ACHD for delegation of authority to implement and enforce the Federal
plan for existing affected SSI units, may not be challenged later in
proceedings to enforce its requirements. (See CAA 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.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the Environmental
Protection
[[Page 24731]]
Agency amends part 62, chapter I, title 40 of the Code of Federal
Regulations 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 NN--Pennsylvania
0
2. Add an undesignated center heading and Sec. 62.9695 to subpart NN
to read as follows:
Air Emissions From Existing Sewage Sludge Incinerators (Ssi)--Section
111(D)/129 Federal Plan Delegations
Sec. 62.9695 Identification of plan--delegation of authority.
(a) Identification of plan--delegation of authority. On June 17,
2025, the EPA signed a Memorandum of Agreement (MOA) that defines
policies, responsibilities, and procedures pursuant to 40 CFR part 62,
subpart LLL (the ``Federal plan'') by which the Federal plan will be
administered by the Allegheny County Health Department (ACHD).
(b) Identification of sources. The MOA and related Federal plan
apply to all affected SSI units within Allegheny County, Pennsylvania
that meet all the following criteria under Sec. 62.15855:
(1) The SSI unit(s) commenced construction on or before October 14,
2010, or physical or operational changes to the SSI unit(s) commenced
construction on or before September 21, 2011 primarily to comply with
40 CFR part 62, subpart LLL.
(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) Effective date of delegation. The delegation became fully
effective on June 8, 2026.
[FR Doc. 2026-09043 Filed 5-6-26; 8:45 am]
BILLING CODE 6560-50-P
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