82 FR 44527 - Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 184 (September 25, 2017)
Federal Register Volume 82, Issue 184 (September 25, 2017)
| Page Range | 44527-44529 | |
| FR Document | 2017-20440 |
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)] [Rules and Regulations] [Pages 44527-44529] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20440] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2017-0132; FRL-9968-13-Region 2] Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 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: This rule will be effective October 25, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2017-0132. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 either electronically through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3892, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the EPA taking today? The EPA is approving 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, [[Page 44528]] 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. 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. III. What comments were received in response to the EPA's proposed action? On July 13, 2017 (82 FR 32301), the EPA proposed to approve NJDEP's request for delegation of the SSI Federal plan. For a detailed discussion on the content and requirements of the NJDEP's delegation request, the reader is referred to the EPA's proposed rulemaking action. In response to the EPA's July 13, 2017 proposed rulemaking action, the EPA received no public comments. IV. What is the EPA's conclusion? For the reasons described in this action and in the EPA's proposal the EPA is approving NJDEP's request for delegation of the SSI Federal plan. For further details, the reader is referred to the EPA's proposal. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a State plan submission that complies with the provisions of the CAA 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 approves a state delegation request as meeting Federal requirements and does not impose additional requirements beyond those already imposed by state law. For that reason, this action: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 Clean Air Act; 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 rule, 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 request for delegation of the SSI Federal plan is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 24, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, 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: September 13, 2017. Walter Mugdan, Acting Regional Administrator, Region 2. Part 62, chapter I, title 40 of the Code of Federal Regulations is amended as follows: [[Page 44529]] 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 FF--New Jersey 0 2. Add Sec. 62.7607 and an undesignated heading to subpart FF to read as follows: Air Emissions from Existing Sewage Sludge Incineration Units Sec. 62.7607 Identification of plan--delegation of authority. (a) Letter from the New Jersey Department of Environmental Protection (NJDEP), submitted October 12, 2016, requesting delegation of authority from the EPA to implement and enforce the Federal plan for existing Sewage Sludge Incineration (SSI) units. The Federal plan will be administered by both the NJDEP and the EPA, pursuant to ``Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010'' 40 CFR 62.15855-62.16050. (b) Identification of sources. The Federal plan applies to owners or operators of existing facilities that meet all three of the following criteria: (1) The SSI unit(s) commenced construction on or before October 14, 2010; (2) The SSI unit(s) meets the definition of an SSI unit as defined in Sec. 62.16045; and (3) The SSI unit(s) is not exempt under Sec. 62.15860. (c) On December 27, 2016, the EPA prepared and signed a Memorandum of Agreement (MOA) between the EPA and NJDEP that define the policies, responsibilities and procedures pursuant to the SSI Federal plan identified in (a) above by which the Federal plan will be administered by both the NJDEP and the EPA. On January 24, 2017, Bob Martin, NJDEP Commissioner, signed the MOA, therefore agreeing to the terms and conditions of the MOA and accepting responsibility to enforce and implement the policies, responsibilities, and procedures for existing SSI units. (d) The delegation became fully effective on January 24, 2017, the date the MOA was signed by the NJDEP Commissioner. [FR Doc. 2017-20440 Filed 9-22-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44527
• Does not have federalism extend the time within which a petition ACTION: Final rule.
implications as specified in Executive for judicial review may be filed, and
Order 13132 (64 FR 43255, August 10, shall not postpone the effectiveness of SUMMARY: The Environmental Protection
1999); such rule or action. Parties with Agency (EPA) is approving a request
• Is not an economically significant objections to this direct final rule are from the New Jersey Department of
regulatory action based on health or encouraged to file a comment in Environmental Protection (NJDEP) for
safety risks subject to Executive Order response to the parallel notice of delegation of authority to implement
13045 (62 FR 19885, April 23, 1997); proposed rulemaking for this action and enforce the Federal plan for Sewage
• Is not a significant regulatory action published in the proposed rules section Sludge Incineration (SSI) units. On
subject to Executive Order 13211 (66 FR of this issue of the Federal Register, April 29, 2016, the EPA promulgated
28355, May 22, 2001); rather than file an immediate petition the Federal plan for SSI units to fulfill
• Is not subject to requirements of for judicial review of this direct final the requirements of the Clean Air Act.
section 12(d) of the National rule, so that EPA can withdraw this The Federal plan addresses the
Technology Transfer and Advancement direct final rule and address the implementation and enforcement of the
Act of 1995 (15 U.S.C. 272 note) because comment in the proposed rulemaking emission guidelines applicable to
application of those requirements would action. existing SSI units located in areas not
be inconsistent with the CAA; and This action approving West Virginia covered by an approved and currently
• Does not provide EPA with the SIP revision submittals to remove effective state plan. The Federal plan
discretionary authority to address, as obsolete CAIR annual trading program imposes emission limits and other
appropriate, disproportionate human provisions may not be challenged later control requirements for existing
health or environmental effects, using in proceedings to enforce its affected SSI facilities which will reduce
practicable and legally permissible requirements. (See section 307(b)(2)). designated pollutants.
methods, under Executive Order 12898 On January 24, 2017, the NJDEP
(59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52 signed a Memorandum of Agreement
In addition, this rule removing West Environmental protection, Air which is intended to be the mechanism
Virginia regulations 45CSR39 and pollution control, Incorporation by for the transfer of authority between the
45CSR41 from the West Virginia SIP reference, Nitrogen dioxide, Ozone, EPA and the NJDEP and defines the
does not have tribal implications as Particulate matter, Reporting and policies, responsibilities and procedures
specified by Executive Order 13175 (65 recordkeeping requirements, Sulfur pursuant to the Federal plan for existing
FR 67249, November 9, 2000), because oxides. SSI units.
the SIP is not approved to apply in Dated: September 11, 2017. DATES: This rule will be effective
Indian country located in the state, and Cecil Rodrigues, October 25, 2017.
EPA notes that it will not impose ADDRESSES: The EPA has established a
Acting Regional Administrator, Region III.
substantial direct costs on tribal docket for this action under Docket ID
governments or preempt tribal law. 40 CFR part 52 is amended as follows:
No. EPA–R02–OAR–2017–0132. All
B. Submission to Congress and the PART 52—APPROVAL AND documents in the docket are listed on
Comptroller General PROMULGATION OF the www.regulations.gov Web site.
The Congressional Review Act, 5 IMPLEMENTATION PLANS Although listed in the index, some
U.S.C. 801 et seq., as added by the Small information is not publicly available,
■ 1. The authority citation for part 52 e.g., Confidential Business Information
Business Regulatory Enforcement
continues to read as follows: or other information whose disclosure is
Fairness Act of 1996, generally provides
that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. restricted by statute. Certain other
agency promulgating the rule must material, such as copyrighted material,
submit a rule report, which includes a Subpart XX—West Virginia is not placed on the Internet and will be
copy of the rule, to each House of the publicly available only in hard copy
§ 52.2520 [Amended]
Congress and to the Comptroller General form. Publicly available docket
■ 2. In § 52.2520, the first table in materials are available either
of the United States. EPA will submit a
paragraph (c) is amended by: electronically through
report containing this action and other ■ a. Removing the table heading and the
required information to the U.S. Senate, www.regulations.gov, or please contact
entries for ‘‘[45 CSR] Series 39’’. the person identified in the FOR FURTHER
the U.S. House of Representatives, and ■ b. Removing the table heading and the INFORMATION CONTACT section for
the Comptroller General of the United entries for ‘‘[45 CSR] Series 41’’.
States prior to publication of the rule in additional availability information.
[FR Doc. 2017–20341 Filed 9–22–17; 8:45 am] FOR FURTHER INFORMATION CONTACT:
the Federal Register. A major rule
cannot take effect until 60 days after it BILLING CODE 6560–50–P Anthony (Ted) Gardella, Environmental
is published in the Federal Register. Protection Agency, 290 Broadway, New
This action is not a ‘‘major rule’’ as York, New York 10007–1866, at (212)
ENVIRONMENTAL PROTECTION 637–3892, or by email at
defined by 5 U.S.C. 804. AGENCY gardella.anthony@epa.gov.
C. Petitions for Judicial Review
40 CFR Part 62 SUPPLEMENTARY INFORMATION:
Under section 307(b)(1) of the CAA,
asabaliauskas on DSKBBXCHB2PROD with RULES
petitions for judicial review of this [EPA–R02–OAR–2017–0132; FRL–9968–13– I. What action is the EPA taking today?
action must be filed in the United States Region 2] The EPA is approving the NJDEP’s
Court of Appeals for the appropriate request for delegation of authority to
Approval and Promulgation of Plans
circuit by November 24, 2017. Filing a implement and enforce a Federal plan
for Designated Facilities; New Jersey;
petition for reconsideration by the and to adhere to the terms and
Delegation of Authority
Administrator of this final rule does not conditions prescribed in the
affect the finality of this action for the AGENCY: Environmental Protection Memorandum of Agreement (MOA)
purposes of judicial review nor does it Agency. signed between the EPA and the NJDEP,
VerDate Sep<11>2014 16:53 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1](https://thefederalregister.org/doc/82_FR_44711/page/1.svg)
![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44529
PART 62—APPROVAL AND ENVIRONMENTAL PROTECTION normal hours of operation, and special
PROMULGATION OF STATE PLANS AGENCY arrangements should be made for
FOR DESIGNATED FACILITIES AND deliveries of boxed information. The
POLLUTANTS 40 CFR Part 300 normal business hours are Monday
[EPA–HQ–SFUND–2005–0011; FRL–9967– through Friday, 8 a.m. to 4 p.m.,
■ 1. The authority citation for part 62 25–Region 5] excluding Federal holidays. Once
continues to read as follows: submitted, comments cannot be edited
National Oil and Hazardous Substance or removed from Regulations.gov. The
Authority: 42 U.S.C. 7401 et seq.
Pollution Contingency Plan; National EPA may publish any comment received
Subpart FF—New Jersey Priorities List: Deletion of the Nutting to its public docket. Do not submit
Truck & Caster Co. Superfund Site electronically any information you
consider to be Confidential Business
■ 2. Add § 62.7607 and an undesignated AGENCY: Environmental Protection Information (CBI) or other information
heading to subpart FF to read as follows: Agency (EPA). whose disclosure is restricted by statute.
Air Emissions from Existing Sewage ACTION: Direct final rule. Multimedia submissions (audio, video,
Sludge Incineration Units etc.) must be accompanied by a written
SUMMARY: The Environmental Protection
comment. The written comment is
§ 62.7607 Identification of plan— Agency (EPA) Region 5 is publishing a
delegation of authority. considered the official comment and
direct final Notice of Deletion of the
should include discussion of all points
(a) Letter from the New Jersey Nutting Truck & Caster Co. Superfund
you wish to make. The EPA will
Department of Environmental Protection Site (Site), located in Faribault, Rice
generally not consider comments or
(NJDEP), submitted October 12, 2016, County, Minnesota from the National
comment contents located outside of the
requesting delegation of authority from Priorities List (NPL). The NPL,
primary submission (i.e. on the web,
the EPA to implement and enforce the promulgated pursuant to Section 105 of
cloud, or other file sharing system). For
Federal plan for existing Sewage Sludge the Comprehensive Environmental
additional submission methods, the full
Incineration (SSI) units. The Federal Response, Compensation, and Liability
EPA public comment policy,
plan will be administered by both the Act (CERCLA) of 1980, as amended, is
information about CBI or multimedia
NJDEP and the EPA, pursuant to an appendix of the National Oil and
submissions, and general guidance on
‘‘Federal Plan Requirements for Sewage Hazardous Substances Pollution
making effective comments, please visit
Sludge Incineration Units Constructed Contingency Plan (NCP). This direct
https://www2.epa.gov/dockets/
on or Before October 14, 2010’’ 40 CFR final deletion is being published by EPA
commenting-epa-dockets. Publicly
62.15855–62.16050. with the concurrence of the State of
available docket materials are available
Minnesota, through the Minnesota
(b) Identification of sources. The either electronically through https://
Pollution Control Agency (MPCA),
Federal plan applies to owners or www.regulations.gov or in hard copy at
because EPA has determined that all
operators of existing facilities that meet the site information repositories.
appropriate response actions under
all three of the following criteria: Locations, contacts, phone numbers
CERCLA have been completed.
and viewing hours are:
(1) The SSI unit(s) commenced However, this deletion does not U.S. Environmental Protection
construction on or before October 14, preclude future actions under Agency—Region 5, Superfund Records
2010; Superfund. Center, 77 West Jackson Boulevard, 7th
(2) The SSI unit(s) meets the DATES: This direct final deletion is Floor South, Chicago, IL 60604, Phone:
definition of an SSI unit as defined in effective November 24, 2017 unless EPA (312) 886–0900, Hours: Monday through
§ 62.16045; and receives adverse comments by October Friday, 8 a.m. to 4 p.m., excluding
(3) The SSI unit(s) is not exempt 25, 2017. If adverse comments are Federal holidays.
under § 62.15860. received, EPA will publish a timely Buckham Memorial Library, 11
withdrawal of the direct final deletion Division Street E, Faribault, MN 55021,
(c) On December 27, 2016, the EPA in the Federal Register informing the Phone: (507) 334–2089, Hours: Monday
prepared and signed a Memorandum of public that the deletion will not take and Wednesday, 9 a.m. to 6 p.m.,
Agreement (MOA) between the EPA and effect. Tuesday and Thursday 9 a.m. to 8 p.m.,
NJDEP that define the policies, Friday and Saturday 9 a.m. to 5 p.m.
responsibilities and procedures ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ– FOR FURTHER INFORMATION CONTACT:
pursuant to the SSI Federal plan Randolph Cano, NPL Deletion
identified in (a) above by which the SFUND–2005–0011 at https://
www.regulations.gov. Follow the online Coordinator, U.S. Environmental
Federal plan will be administered by Protection Agency Region 5 (SR–6J), 77
both the NJDEP and the EPA. On instructions for submitting comments.
Comments may also be submitted by West Jackson Boulevard, Chicago, IL
January 24, 2017, Bob Martin, NJDEP 60604, (312) 886–6036, or via email at
Commissioner, signed the MOA, email or mail to Randolph Cano, NPL
Deletion Coordinator, U.S. cano.randolph@epa.gov.
therefore agreeing to the terms and
Environmental Protection Agency SUPPLEMENTARY INFORMATION:
conditions of the MOA and accepting
responsibility to enforce and implement Region 5 (SR–6J), 77 West Jackson Table of Contents
the policies, responsibilities, and Boulevard, Chicago, IL 60604, (312)
asabaliauskas on DSKBBXCHB2PROD with RULES
886–6036, email address: I. Introduction
procedures for existing SSI units. II. NPL Deletion Criteria
cano.randolph@epa.gov or hand deliver: III. Deletion Procedures
(d) The delegation became fully Superfund Records Center, U.S.
effective on January 24, 2017, the date IV. Basis for Site Deletion
Environmental Protection Agency V. Deletion Action
the MOA was signed by the NJDEP Region 5, 77 West Jackson Boulevard,
Commissioner. 7th Floor South, Chicago, IL 60604, I. Introduction
[FR Doc. 2017–20440 Filed 9–22–17; 8:45 am] (312) 886–0900. Such deliveries are EPA Region 5 is publishing this direct
BILLING CODE 6560–50–P only accepted during the Docket’s final Notice of Deletion of the Nutting
VerDate Sep<11>2014 16:53 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1](https://thefederalregister.org/doc/82_FR_44711/page/3.svg)
Document Created: 2018-10-24 14:43:35
Document Modified: 2018-10-24 14:43:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 25, 2017. | |
| Contact | Anthony (Ted) Gardella, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3892, or by email at [email protected] | |
| FR Citation | 82 FR 44527 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Waste Treatment and Disposal |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR