82_FR_32434 82 FR 32301 - Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority

82 FR 32301 - Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32301-32303
FR Document2017-14744

The Environmental Protection Agency (EPA) is proposing to approve a request from the New Jersey Department of Environmental Protection (NJDEP) for delegation of authority to implement and enforce the Federal plan for Sewage Sludge Incineration (SSI) units. 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. 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. On January 24, 2017, the NJDEP signed a Memorandum of Agreement which is intended to be the mechanism for the transfer of authority between the EPA and the NJDEP and defines the policies, responsibilities and procedures pursuant to the Federal plan for existing SSI units.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Proposed Rules]
[Pages 32301-32303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14744]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2017-0132, FRL-9962-42-Region 2]


Approval and Promulgation of Plans for Designated Facilities; New 
Jersey; Delegation of Authority

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the New Jersey Department of Environmental 
Protection (NJDEP) for delegation of authority to implement and enforce 
the Federal plan for Sewage Sludge Incineration (SSI) units. 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. 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.
    On January 24, 2017, the NJDEP signed a Memorandum of Agreement 
which is intended to be the mechanism for the transfer of authority 
between the EPA and the NJDEP and defines the policies, 
responsibilities and procedures pursuant to the Federal plan for 
existing SSI units.

DATES: Written comments must be received on or before August 14, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2017-0132 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, 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: Anthony (Ted) Gardella, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212)

[[Page 32302]]

637-3892, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is 
arranged as follows:

Table of Contents

I. What action is the EPA proposing?
II. Why is the EPA proposing this action?
III. What was submitted by the NJDEP and how did the EPA respond?
IV. What are the Clean Air Act (CAA) requirements?
V. What guidance did the EPA use to evaluate the NJDEP's delegation 
request?
VI. What is the EPA's conclusion?
VII. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve the NJDEP's request for delegation 
of authority to implement and enforce a Federal plan and to adhere to 
the terms and conditions prescribed in the Memorandum of Agreement 
(MOA) signed between the EPA and the NJDEP, as further explained below. 
The NJDEP requested delegation of authority of the Federal plan for 
existing applicable Sewage Sludge Incineration (SSI) units constructed 
on or before October 14, 2010. See 40 CFR part 62, subpart LLL. The 
Federal plan was promulgated by the EPA to implement emission 
guidelines (see 40 CFR part 60, subpart MMMM) pursuant to sections 
111(d) and 129 of the Clean Air Act (CAA). The purpose of this 
delegation is to acknowledge the NJDEP's ability to implement a program 
and to transfer primary implementation and enforcement responsibility 
from the EPA to the NJDEP for existing applicable sources of SSI units. 
While the NJDEP is delegated the authority to implement and enforce the 
SSI Federal plan, nothing in the delegation agreement shall prohibit 
the EPA from enforcing the SSI Federal plan.

II. Why is the EPA proposing this action?

    The EPA is proposing this action to:
     Give the public the opportunity to submit comments on the 
EPA's proposed action, as discussed in the ADDRESSES section of this 
Notice;
     Fulfill a goal of the CAA to place state governments in 
positions of leadership for air pollution prevention and control; and
     Allow the NJDEP to implement and enforce a Federal plan 
promulgated by the EPA that implements emission guidelines pursuant to 
sections 111(d) and 129 of the CAA.

III. What was submitted by the NJDEP and how did the EPA respond?

    On October 12, 2016, the NJDEP submitted to the EPA a request for 
delegation of authority from the EPA to implement and enforce the 
Federal plan for existing SSI units. The EPA prepared the MOA that 
defines the policies, responsibilities, and procedures by which the 
Federal plan will be administered by both the NJDEP and the EPA, 
pursuant to 40 CFR part 62, subpart LLL for SSI units. The MOA is the 
mechanism for the transfer of responsibility from the EPA to the NJDEP.
    Both the EPA and the NJDEP signed the MOA in which the State agrees 
to the terms and conditions of the MOA and accepts responsibility to 
implement and enforce the policies, responsibilities and procedures of 
the SSI Federal plan. The transfer of authority to the NJDEP became 
effective upon signature by the NJDEP on January 24, 2017.

IV. What are the CAA requirements?

    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 and municipal solid waste landfills 
(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 (EG) 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 EG 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 NSPS and EG 
for SSI units, 40 CFR part 60, subparts LLLL and MMMM, respectively. 
The designated facility to which the EG applies is existing SSI units, 
as stipulated in subpart MMMM, that commenced construction on or before 
October 14, 2010. See 40 CFR 60.5060 for details.
    Pursuant to section 129 of the CAA, state plan requirements must be 
``at least as protective'' as the EG 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 plan, the EPA is required to develop and implement a 
Federal plan within two years following promulgation of the EG. 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 develop their own plan, or 
request delegation of the Federal plan, as the NJDEP has done.

V. What guidance did the EPA use to evaluate the NJDEP's delegation 
request?

    The EPA evaluated the NJDEP's request for delegation of the SSI 
Federal plan pursuant to the provisions of the SSI Federal plan and the 
EPA's Delegation Manual.\1\ Section 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) 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 Sec.  60.5015(a)(1), (2) and 
(7) from the SSI EG); (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 
a 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. Under the EPA's Delegation 
Manual, item 7-139, the Regional Administrator is authorized to 
delegate implementation and enforcement of

[[Page 32303]]

sections 111(d)/129 Federal plans to state environmental agencies. The 
requirements and limitations of a delegation agreement are defined in 
item 7-139. 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; and (2) items (1) and (4) as described 
above from section 62.15865 of the SSI Federal plan.
---------------------------------------------------------------------------

    \1\ 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 proposed rule at www.regulations.gov (see Docket ID Number EPA-
R02-OAR-2017-0132.
---------------------------------------------------------------------------

    NJDEP has met all of the EPA's delegation requirements as described 
above. The reader may view the NJDEP's letter to the EPA requesting 
delegation and the MOA signed by both parties at www.regulations.gov, 
identified by Docket ID Number EPA-R02-OAR-2017-0132.

VI. What is the EPA's conclusion?

    The EPA has evaluated the NJDEP's submittal for consistency with 
the CAA, EPA regulations, and EPA policy. The NJDEP has met all the 
requirements of the EPA's guidance for obtaining delegation of 
authority to implement and enforce the SSI Federal plan. The NJDEP 
entered into a MOA with the EPA and it became effective on January 24, 
2017. Accordingly, the EPA proposes to approve the NJDEP's request 
dated October 12, 2016 for delegation of authority of 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 and as 
indicated in the MOA (e.g., authority to approve major alternatives to 
test methods or monitoring, etc.).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a State 
plan submission that complies with the provisions of CAA sections 
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, the EPA's role is to approve state choices, provided that 
they meet the criteria of the CAA. Accordingly, this action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions 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 CAA; and
     does not provide the 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 proposed rulemaking action, pertaining to the NJDEP's 
section 111(d)/(129) request for delegation of authority to implement 
and enforce the Federal plan for existing SSI units, does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the NJDEP's section 111(d)/129 delegation 
request is not approved to apply in Indian country located in the 
state, and the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements, waste treatment and disposal.

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

    Dated: April 28, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-14744 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                          32301

                                                   BART,38 our proposed approval                            in the Unfunded Mandates Reform Act                    ACTION:   Proposed rule.
                                                   addressing BART for all other BART-                      of 1995 (Pub. L. 104–4);
                                                   eligible EGUs 39 and this proposal to                       • Does not have Federalism                          SUMMARY:   The Environmental Protection
                                                   address SO2 and PM BART for the                          implications as specified in Executive                 Agency (EPA) is proposing to approve a
                                                   Nelson facility, we will have fulfilled all              Order 13132 (64 FR 43255, August 10,                   request from the New Jersey Department
                                                   outstanding obligations with respect to                  1999);                                                 of Environmental Protection (NJDEP) for
                                                   the Louisiana regional haze program for                     • Is not an economically significant                delegation of authority to implement
                                                   the first planning period.                               regulatory action based on health or                   and enforce the Federal plan for Sewage
                                                      The EPA has made the preliminary                      safety risks subject to Executive Order                Sludge Incineration (SSI) units. On
                                                   determination that the June 2017 SIP                     13045 (62 FR 19885, April 23, 1997);                   April 29, 2016 the EPA promulgated the
                                                   revision requested by the State to be                       • Is not a significant regulatory action            Federal plan for SSI units to fulfill the
                                                   parallel processed is in accordance with                 subject to Executive Order 13211 (66 FR                requirements of sections 111(d)/129 of
                                                   the CAA and consistent with the CAA                      28355, May 22, 2001);                                  the Clean Air Act. The Federal plan
                                                                                                               • Is not subject to requirements of                 addresses the implementation and
                                                   and the EPA’s policy and guidance.
                                                                                                            section 12(d) of the National                          enforcement of the emission guidelines
                                                   Therefore, the EPA is proposing action
                                                                                                            Technology Transfer and Advancement                    applicable to existing SSI units located
                                                   on the June 2017 SIP revision in parallel
                                                                                                            Act of 1995 (15 U.S.C. 272 note) because               in areas not covered by an approved and
                                                   with the State’s rulemaking process.
                                                                                                            this action does not involve technical                 currently effective state plan. The
                                                   After the State completes its rulemaking
                                                                                                            standards; and                                         Federal plan imposes emission limits
                                                   process, adopts its final regulations, and                  • Does not provide EPA with the
                                                   submits these final adopted regulations                                                                         and other control requirements for
                                                                                                            discretionary authority to address, as
                                                   as a revision to the Louisiana SIP, the                                                                         existing affected SSI facilities which
                                                                                                            appropriate, disproportionate human
                                                   EPA will prepare a final action. If                                                                             will reduce designated pollutants.
                                                                                                            health or environmental effects, using
                                                   changes are made to the State’s                          practicable and legally permissible                      On January 24, 2017, the NJDEP
                                                   proposed rule after the EPA’s notice of                  methods, under Executive Order 12898                   signed a Memorandum of Agreement
                                                   proposed rulemaking, such changes                        (59 FR 7629, February 16, 1994).                       which is intended to be the mechanism
                                                   must be acknowledged in the EPA’s                           In addition, the SIP is not approved                for the transfer of authority between the
                                                   final rulemaking action. If the changes                  to apply on any Indian reservation land                EPA and the NJDEP and defines the
                                                   are significant, then the EPA may be                     or in any other area where EPA or an                   policies, responsibilities and procedures
                                                   obligated to withdraw our initial                        Indian tribe has demonstrated that a                   pursuant to the Federal plan for existing
                                                   proposed action and re-propose.                          tribe has jurisdiction. In those areas of              SSI units.
                                                   IV. Statutory and Executive Order                        Indian country, the proposed rule does                 DATES: Written comments must be
                                                   Reviews                                                  not have tribal implications and will not              received on or before August 14, 2017.
                                                                                                            impose substantial direct costs on tribal
                                                      Under the CAA, the Administrator is                                                                          ADDRESSES:   Submit your comments,
                                                                                                            governments or preempt tribal law as
                                                   required to approve a SIP submission                                                                            identified by Docket ID Number EPA–
                                                                                                            specified by Executive Order 13175 (65
                                                   that complies with the provisions of the                                                                        R02–OAR–2017–0132 at http://
                                                                                                            FR 67249, November 9, 2000).
                                                   Act and applicable Federal regulations.                                                                         www.regulations.gov. Follow the online
                                                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                      List of Subjects in 40 CFR Part 52                     instructions for submitting comments.
                                                   Thus, in reviewing SIP submissions, the                    Environmental protection, Air                        Once submitted, comments cannot be
                                                   EPA’s role is to approve state choices,                  pollution control, Incorporation by                    edited or removed from Regulations.gov.
                                                   provided that they meet the criteria of                  reference, Intergovernmental relations,                The EPA may publish any comment
                                                   the CAA. Accordingly, this action                        Nitrogen dioxide, Ozone, Particulate                   received to its public docket. Do not
                                                   merely proposes to approve state law as                  matter, Reporting and recordkeeping                    submit electronically any information
                                                   meeting Federal requirements and does                    requirements, Sulfur dioxides,                         you consider to be Confidential
                                                   not impose additional requirements                       Visibility, Interstate transport of                    Business Information (CBI) or other
                                                   beyond those imposed by state law. For                   pollution, Regional haze, Best available               information whose disclosure is
                                                   that reason, this action:                                control technology.                                    restricted by statute. Multimedia
                                                      • Is not a ‘‘significant regulatory                        Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                   submissions (audio, video, etc.) must be
                                                   action’’ subject to review by the Office                                                                        accompanied by a written comment.
                                                   of Management and Budget under                             Dated: June 23, 2017.                                The written comment is considered the
                                                   Executive Orders 12866 (58 FR 51735,                     Samuel Coleman,                                        official comment and should include
                                                   October 4, 1993) and 13563 (76 FR 3821,                  Acting Regional Administrator, Region 6.               discussion of all points you wish to
                                                   January 21, 2011);                                       [FR Doc. 2017–14693 Filed 7–12–17; 8:45 am]            make. The EPA will generally not
                                                      • Does not impose an information                      BILLING CODE 6560–50–P                                 consider comments or comment
                                                   collection burden under the provisions                                                                          contents located outside of the primary
                                                   of the Paperwork Reduction Act (44                                                                              submission (i.e., on the web, cloud, or
                                                   U.S.C. 3501 et seq.);                                    ENVIRONMENTAL PROTECTION                               other file sharing system). For
                                                      • Is certified as not having a                        AGENCY                                                 additional submission methods, the full
                                                   significant economic impact on a                                                                                EPA public comment policy,
                                                                                                            40 CFR Part 62                                         information about CBI or multimedia
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   substantial number of small entities
                                                   under the Regulatory Flexibility Act (5                  [EPA–R02–OAR–2017–0132, FRL–9962–42–                   submissions, and general guidance on
                                                   U.S.C. 601 et seq.);                                     Region 2]                                              making effective comments, please visit
                                                      • Does not contain any unfunded                                                                              http://www2.epa.gov/dockets/
                                                                                                            Approval and Promulgation of Plans                     commenting-epa-dockets.
                                                   mandate or significantly or uniquely
                                                                                                            for Designated Facilities; New Jersey;
                                                   affect small governments, as described                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                            Delegation of Authority
                                                                                                                                                                   Anthony (Ted) Gardella, Environmental
                                                     38 81 FR 74750 (October 27, 2016).                     AGENCY:     Environmental Protection                   Protection Agency, 290 Broadway, New
                                                     39 82 FR 22936 (May 19, 2017).                         Agency.                                                York, New York 10007–1866, at (212)


                                              VerDate Sep<11>2014   16:37 Jul 12, 2017   Jkt 241001   PO 00000    Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\13JYP1.SGM   13JYP1


                                                   32302                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   637–3892, or by email at                                 III. What was submitted by the NJDEP                  October 14, 2010. See 40 CFR 60.5060
                                                   Gardella.Anthony@epa.gov.                                and how did the EPA respond?                          for details.
                                                                                                                                                                     Pursuant to section 129 of the CAA,
                                                   SUPPLEMENTARY INFORMATION: The                             On October 12, 2016, the NJDEP
                                                                                                                                                                  state plan requirements must be ‘‘at
                                                   SUPPLEMENTARY INFORMATION section                  is    submitted to the EPA a request for
                                                                                                                                                                  least as protective’’ as the EG and
                                                   arranged as follows:                                     delegation of authority from the EPA to
                                                                                                                                                                  become federally enforceable upon
                                                                                                            implement and enforce the Federal plan
                                                   Table of Contents                                                                                              approval by the EPA. The procedures
                                                                                                            for existing SSI units. The EPA prepared
                                                                                                                                                                  for adoption and submittal of state plans
                                                   I. What action is the EPA proposing?                     the MOA that defines the policies,
                                                                                                                                                                  are codified in 40 CFR part 60, subpart
                                                   II. Why is the EPA proposing this action?                responsibilities, and procedures by
                                                                                                                                                                  B. For states that fail to submit a plan,
                                                   III. What was submitted by the NJDEP and                 which the Federal plan will be
                                                                                                                                                                  the EPA is required to develop and
                                                        how did the EPA respond?                            administered by both the NJDEP and the                implement a Federal plan within two
                                                   IV. What are the Clean Air Act (CAA)                     EPA, pursuant to 40 CFR part 62,                      years following promulgation of the EG.
                                                        requirements?                                       subpart LLL for SSI units. The MOA is                 The EPA implementation and
                                                   V. What guidance did the EPA use to                      the mechanism for the transfer of                     enforcement of the Federal plan is
                                                        evaluate the NJDEP’s delegation request?            responsibility from the EPA to the                    viewed as an interim measure until
                                                   VI. What is the EPA’s conclusion?                        NJDEP.                                                states assume their role as the preferred
                                                   VII. Statutory and Executive Order Reviews                 Both the EPA and the NJDEP signed                   implementers of the EG requirements
                                                                                                            the MOA in which the State agrees to                  stipulated in the Federal plan.
                                                   I. What action is the EPA proposing?                     the terms and conditions of the MOA                   Accordingly, the EPA encourages states
                                                     The EPA is proposing to approve the                    and accepts responsibility to implement               to develop their own plan, or request
                                                   NJDEP’s request for delegation of                        and enforce the policies, responsibilities            delegation of the Federal plan, as the
                                                   authority to implement and enforce a                     and procedures of the SSI Federal plan.               NJDEP has done.
                                                   Federal plan and to adhere to the terms                  The transfer of authority to the NJDEP
                                                                                                            became effective upon signature by the                V. What guidance did the EPA use to
                                                   and conditions prescribed in the                                                                               evaluate the NJDEP’s delegation
                                                   Memorandum of Agreement (MOA)                            NJDEP on January 24, 2017.
                                                                                                                                                                  request?
                                                   signed between the EPA and the NJDEP,                    IV. What are the CAA requirements?
                                                   as further explained below. The NJDEP                                                                             The EPA evaluated the NJDEP’s
                                                                                                               Sections 111(d) and 129 of the CAA                 request for delegation of the SSI Federal
                                                   requested delegation of authority of the                 require states to submit plans to control
                                                   Federal plan for existing applicable                                                                           plan pursuant to the provisions of the
                                                                                                            certain pollutants (designated                        SSI Federal plan and the EPA’s
                                                   Sewage Sludge Incineration (SSI) units                   pollutants) at existing solid waste
                                                   constructed on or before October 14,                                                                           Delegation Manual.1 Section 62.15865
                                                                                                            combustor facilities and municipal solid              of the SSI Federal plan establishes that
                                                   2010. See 40 CFR part 62, subpart LLL.                   waste landfills (designated facilities)
                                                   The Federal plan was promulgated by                                                                            a state may meet its CAA section 111(d)/
                                                                                                            whenever standards of performance                     129 obligations by submitting an
                                                   the EPA to implement emission                            have been established under section                   acceptable written request for delegation
                                                   guidelines (see 40 CFR part 60, subpart                  111(b) for new sources of the same type               of the Federal plan that includes the
                                                   MMMM) pursuant to sections 111(d)                        and the EPA has established emission                  following requirements: (1) A
                                                   and 129 of the Clean Air Act (CAA). The                  guidelines (EG) for such existing                     demonstration of adequate resources
                                                   purpose of this delegation is to                         sources. A designated pollutant is any                and legal authority to administer and
                                                   acknowledge the NJDEP’s ability to                       pollutant for which no air quality                    enforce the Federal plan; (2) an
                                                   implement a program and to transfer                      criteria has been issued or which is not              inventory of affected SSI units, an
                                                   primary implementation and                               included on a list published under                    inventory of emissions from affected SSI
                                                   enforcement responsibility from the                      section 108(a) (national ambient air                  units, and provisions for state progress
                                                   EPA to the NJDEP for existing                            quality standards) or section 112                     reports (see items under § 60.5015(a)(1),
                                                   applicable sources of SSI units. While                   (hazardous air pollutants) of the CAA,                (2) and (7) from the SSI EG); (3)
                                                   the NJDEP is delegated the authority to                  but emissions of which would be                       certification that the hearing on the state
                                                   implement and enforce the SSI Federal                    subject to a standard of performance for              delegation request, similar to the
                                                   plan, nothing in the delegation                          new stationary sources under section                  hearing for a state plan submittal, was
                                                   agreement shall prohibit the EPA from                    111(b). In addition, section 129 of the               held, a list of witnesses and their
                                                   enforcing the SSI Federal plan.                          CAA also requires the EPA to                          organizational affiliations, if any,
                                                   II. Why is the EPA proposing this                        promulgate EG for solid waste                         appearing at the hearing, and a brief
                                                   action?                                                  incineration units that emit specific air             written summary of each presentation or
                                                                                                            pollutants or a mixture of air pollutants.            written submission; and (4) a
                                                     The EPA is proposing this action to:                   These pollutants include organics                     commitment to enter into a MOA with
                                                     • Give the public the opportunity to                   (dioxins and dibenzofurans), carbon                   the Regional Administrator that sets
                                                   submit comments on the EPA’s                             monoxide, metals (cadmium, lead and                   forth the terms, conditions and effective
                                                   proposed action, as discussed in the                     mercury), acid gases (hydrogen chloride,              date of the delegation and that serves as
                                                   ADDRESSES section of this Notice;                        sulfur dioxide and oxides of nitrogen),               the mechanism for the transfer of
                                                                                                            particulate matter and opacity (as                    authority. Under the EPA’s Delegation
                                                     • Fulfill a goal of the CAA to place
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                                                                                                            appropriate).                                         Manual, item 7–139, the Regional
                                                   state governments in positions of                           On March 21, 2011 (76 FR 15372), the               Administrator is authorized to delegate
                                                   leadership for air pollution prevention                  EPA promulgated NSPS and EG for SSI                   implementation and enforcement of
                                                   and control; and                                         units, 40 CFR part 60, subparts LLLL
                                                     • Allow the NJDEP to implement and                     and MMMM, respectively. The                              1 Section 7–139 of the EPA’s Delegation Manual

                                                   enforce a Federal plan promulgated by                    designated facility to which the EG                   is entitled ‘‘Implementation and Enforcement of
                                                                                                                                                                  111(d)(2) and 111(d)/129(b)(3) Federal Plans’’ and
                                                   the EPA that implements emission                         applies is existing SSI units, as                     the reader may refer to it in the docket for this
                                                   guidelines pursuant to sections 111(d)                   stipulated in subpart MMMM, that                      proposed rule at www.regulations.gov (see Docket
                                                   and 129 of the CAA.                                      commenced construction on or before                   ID Number EPA–R02–OAR–2017–0132.



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                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                           32303

                                                   sections 111(d)/129 Federal plans to                     of the Paperwork Reduction Act (44                     ENVIRONMENTAL PROTECTION
                                                   state environmental agencies. The                        U.S.C. 3501 et seq.);                                  AGENCY
                                                   requirements and limitations of a                           • is certified as not having a
                                                   delegation agreement are defined in                      significant economic impact on a                       40 CFR Part 271
                                                   item 7–139. The Regional Administrator                   substantial number of small entities                   [EPA–R06–RCRA–2016–0344; FRL–9962–
                                                   may consider delegating authority to                     under the Regulatory Flexibility Act (5                38–Region 6 ]
                                                   implement and enforce Federal plans to                   U.S.C. 601 et seq.);
                                                   a state provided the following                                                                                  Oklahoma: Final Authorization of State
                                                   conditions are met: (1) The state does                      • does not contain any unfunded                     Hazardous Waste Management
                                                   not already have an EPA approved State                   mandate or significantly or uniquely                   Program Revisions
                                                   plan; and (2) items (1) and (4) as                       affect small governments, as described
                                                                                                            in the Unfunded Mandates Reform Act                    AGENCY:  Environmental Protection
                                                   described above from section 62.15865
                                                                                                            of 1995 (Pub. L. 104–4);                               Agency (EPA).
                                                   of the SSI Federal plan.
                                                                                                               • does not have Federalism                          ACTION: Proposed rule.
                                                      NJDEP has met all of the EPA’s
                                                   delegation requirements as described                     implications as specified in Executive                 SUMMARY:    The State of Oklahoma has
                                                   above. The reader may view the NJDEP’s                   Order 13132 (64 FR 43255, August 10,                   applied to Environmental Protection
                                                   letter to the EPA requesting delegation                  1999);                                                 Agency (EPA) for Final authorization of
                                                   and the MOA signed by both parties at                       • is not an economically significant                the changes to its hazardous waste
                                                   www.regulations.gov, identified by                       regulatory action based on health or                   program under the Resource
                                                   Docket ID Number EPA–R02–OAR–                            safety risks subject to Executive Order                Conservation and Recovery Act (RCRA).
                                                   2017–0132.                                               13045 (62 FR 19885, April 23, 1997);                   EPA proposes to grant Final
                                                   VI. What is the EPA’s conclusion?                           • is not a significant regulatory action            authorization to the State of Oklahoma.
                                                                                                            subject to Executive Order 13211 (66 FR                In the ‘‘Rules and Regulations’’ section
                                                     The EPA has evaluated the NJDEP’s                                                                             of this Federal Register, EPA is
                                                                                                            28355, May 22, 2001);
                                                   submittal for consistency with the CAA,                                                                         authorizing the changes by an
                                                   EPA regulations, and EPA policy. The                        • is not subject to requirements of                 immediate final rule. EPA did not make
                                                   NJDEP has met all the requirements of                    Section 12(d) of the National                          a proposal prior to the direct final rule
                                                   the EPA’s guidance for obtaining                         Technology Transfer and Advancement                    because we believe this action is not
                                                   delegation of authority to implement                     Act of 1995 (15 U.S.C. 272 note) because               controversial and do not expect
                                                   and enforce the SSI Federal plan. The                    application of those requirements would                comments that oppose it. We have
                                                   NJDEP entered into a MOA with the                        be inconsistent with the CAA; and                      explained the reasons for this
                                                   EPA and it became effective on January                      • does not provide the EPA with the                 authorization in the preamble to the
                                                   24, 2017. Accordingly, the EPA                           discretionary authority to address, as                 direct final rule. Unless we get written
                                                   proposes to approve the NJDEP’s request                  appropriate, disproportionate human                    comments which oppose this
                                                   dated October 12, 2016 for delegation of                 health or environmental effects, using                 authorization during the comment
                                                   authority of the Federal plan for existing               practicable and legally permissible                    period, the direct final rule will become
                                                   SSI units. The EPA will continue to                      methods, under Executive Order 12898                   effective 60 days after publication and
                                                   retain certain specific authorities                      (59 FR 7629, February 16, 1994).                       we will not take further action on this
                                                   reserved to the EPA in the SSI Federal                                                                          proposal. If we receive comments that
                                                   plan and as indicated in the MOA (e.g.,                  In addition, this proposed rulemaking
                                                                                                                                                                   oppose this action, we will withdraw
                                                   authority to approve major alternatives                  action, pertaining to the NJDEP’s section
                                                                                                                                                                   the direct final rule and it will not take
                                                   to test methods or monitoring, etc.).                    111(d)/(129) request for delegation of
                                                                                                                                                                   effect. We will then respond to public
                                                                                                            authority to implement and enforce the
                                                   VII. Statutory and Executive Order                                                                              comments in a later final rule based on
                                                                                                            Federal plan for existing SSI units, does
                                                   Reviews                                                                                                         this proposal. You may not have another
                                                                                                            not have tribal implications as specified
                                                                                                                                                                   opportunity for comment. If you want to
                                                     Under the CAA, the Administrator is                    by Executive Order 13175 (65 FR 67249,
                                                                                                                                                                   comment on this action, you must do so
                                                   required to approve a State plan                         November 9, 2000), because the NJDEP’s
                                                                                                                                                                   at this time.
                                                   submission that complies with the                        section 111(d)/129 delegation request is
                                                                                                            not approved to apply in Indian country                DATES: Send your written comments by
                                                   provisions of CAA sections 111(d) and                                                                           August 14, 2017.
                                                   129(b)(2) and applicable Federal                         located in the state, and the EPA notes
                                                                                                            that it will not impose substantial direct             ADDRESSES: Submit any comments
                                                   regulations. 42 U.S.C. 7411(d) and
                                                                                                            costs on tribal governments or preempt                 identified by Docket ID No. EPA–R06–
                                                   7429(b)(2); 40 CFR 62.02(a). Thus, in
                                                                                                            tribal law.                                            RCRA–2016–0344 by one of the
                                                   reviewing State plan submissions, the
                                                                                                                                                                   following methods:
                                                   EPA’s role is to approve state choices,                  List of Subjects in 40 CFR Part 62                        1. Federal eRulemaking Portal: http://
                                                   provided that they meet the criteria of                                                                         www.regulations.gov. Follow the on-line
                                                   the CAA. Accordingly, this action                           Environmental protection, Air                       instructions for submitting comments.
                                                   merely proposes to approve state law as                  pollution control, Administrative                         2. Email: patterson.alima@epa.gov.
                                                   meeting Federal requirements and does                    practice and procedure,                                   3. Mail: Alima Patterson, Regional
                                                   not impose additional requirements                       Intergovernmental relations, Reporting                 Authorization Coordinator, Permit
                                                   beyond those imposed by state law. For                   and recordkeeping requirements, waste
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                                                                                                                                   Section (6MM–RP), Multimedia
                                                   that reason, this proposed action:                       treatment and disposal.                                Division, EPA Region 6, 1445 Ross
                                                     • Is not a ‘‘significant regulatory                         Authority: 42 U.S.C. 7401 et seq.                 Avenue, Suite 1200, Dallas Texas
                                                   action’’ subject to review by the Office                                                                        75202–2733.
                                                                                                             Dated: April 28, 2017.
                                                   of Management and Budget under                                                                                     4. Hand Delivery or Courier. Deliver
                                                   Executive Order 12866 (58 FR 51735,                      Walter Mugdan,                                         your comments to Alima Patterson,
                                                   October 4, 1993);                                        Acting Regional Administrator, Region 2.               Regional Authorization Coordinator,
                                                     • does not impose an information                       [FR Doc. 2017–14744 Filed 7–12–17; 8:45 am]            Permit Section (6MM–RP), Multimedia
                                                   collection burden under the provisions                   BILLING CODE 6560–50–P                                 Division, EPA Region 6, 1445 Ross


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Document Created: 2017-07-13 01:00:46
Document Modified: 2017-07-13 01:00:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 14, 2017.
ContactAnthony (Ted) Gardella, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3892, or by email at [email protected]
FR Citation82 FR 32301 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal

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