[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Pages 44527-44529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20440]


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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.

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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