

[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[Rules 
and Regulations]               
[Page 1668-1670]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja07-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[Docket No. EPA-R02-OAR-2006-0615, FRL-8268-9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request from the New Jersey Department of

[[Page 1669]]

Environmental Protection (NJDEP) for delegation of authority to 
implement and enforce the following three Federal plans: Municipal 
Solid Waste Landfills (MSW Landfills); Hospital/Medical/Infectious 
Waste Incinerators (HMIWI); and Small Municipal Waste Combustion Units 
(Small MWC). On November 8, 1999, August 15, 2000 and January 31, 2003 
respectively, EPA promulgated the Federal plans for MSW Landfills, 
HMIWI and Small MWCs to fulfill the requirements of sections 111(d)/129 
of the Clean Air Act (CAA). The Federal plans impose emission limits 
and control requirements for existing affected facilities located in 
areas not covered by an approved and currently effective State plan.
    On May 15, 2006, NJDEP signed Memorandums of Agreement (MOAs) which 
act as the mechanism for the transfer of EPA authority to NJDEP. The 
intended effect is to approve MOAs that define the policies, 
responsibilities, and procedures by which the Federal plans for MSW 
Landfills, HMIWI and Small MWCs will be administered on behalf of EPA 
by NJDEP.
    EPA proposed approval of NJDEP's delegation request on August 31, 
2006.

DATES: Effective Date:
     This rule will be effective February 15, 2007.

ADDRESSES: Copies of the state submittal(s) are available at the 
following addresses for inspection during normal business hours:
    Environmental Protection Agency, Region 2 Office, Air Programs 
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
    New Jersey Department of Environmental Protection, Office of 
Energy, Bureau of Air Quality Planning, 401 East State Street, CN027, 
Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella 
Gardella.Anthony@epa.gov), Air Programs Branch, Environmental 
Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-
1866, (212) 637-3892.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA) is 
approving the New Jersey Department of Environmental Protection's 
(NJDEP's) request for delegation of authority of three Federal plans. 
The following table of contents describes the format for this 
SUPPLEMENTARY INFORMATION section.

I. What Action Is EPA Taking Today?
II. What Are the Details of EPA's Specific Action?
III. What Comments Were Received and How Has EPA Responded to Them?
IV. What Are EPA's Conclusions?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

    EPA is approving NJDEP's request for delegation of authority to 
implement and enforce three Federal plans and to adhere to the terms 
and conditions prescribed in the Memorandums of Agreement (MOAs) signed 
between EPA and NJDEP, as further explained below. NJDEP requested 
delegation of authority of the following three Federal plans: Municipal 
Solid Waste Landfills (MSW Landfills); Hospital/Medical/Infectious 
Waste Incinerators (HMIWI); and Small Municipal Waste Combustion Units 
(Small MWC). The Federal plans were promulgated by EPA to implement 
emission guidelines pursuant to sections 111(d) and 129 of the Clean 
Air Act, as amended, 42 U.S.C. 7401 et seq. (CAA). The purpose of this 
delegation is to acknowledge NJDEP's ability to implement a program and 
to transfer primary implementation and enforcement responsibility from 
EPA to NJDEP for existing sources of MSW Landfills, HMIWI and Small 
MWC. While NJDEP is delegated the authority to implement and enforce 
the three Federal plans, nothing in the delegation agreement shall 
prohibit EPA from implementing and enforcing the Federal plans for MSW 
Landfills, HMIWI and Small MWC.

II. What Are the Details of EPA's Specific Action?

    On May 13, 2005, NJDEP submitted to EPA a request for delegation of 
authority from EPA to implement and enforce the Federal plans for 
existing MSW Landfills, HMIWI and Small MWC. EPA prepared the MOAs that 
define the policies, responsibilities, and procedures by which the 
Federal plans will be administered by both NJDEP and EPA, pursuant to 
the following: ``Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction Prior to May 30, 1991 and Have 
Not Been Modified or Reconstructed Since May 30, 1991,'' 40 CFR part 
62, subpart GGG, 40 CFR 62.14350-14356; ``Federal Plan Requirements for 
Hospital/Medical/Infectious Waste Incinerators Constructed on or Before 
June 20, 1996,'' 40 CFR part 62, subpart HHH, 40 CFR 62.14400-14495 and 
``Federal Plan Requirements for Small Municipal Waste Combustion Units 
Constructed on or Before August 30, 1999,'' 40 CFR part 62, subpart 
JJJ, 40 CFR 62.15000-15410. The MOAs are the mechanism for the transfer 
of responsibility between EPA and NJDEP.
    On April 24, 2006, Alan J. Steinberg, EPA Region 2 Administrator, 
signed the three MOAs and forwarded them to NJDEP for signature. On May 
15, 2006, Lisa P. Jackson, NJDEP Commissioner, signed the MOAs, thereby 
agreeing to the terms and conditions of the MOAs and accepting 
responsibility to implement and enforce the policies, responsibilities 
and procedures of the Federal plans for MSW Landfills, HMIWI, and Small 
MWC. The transfer of authority to NJDEP became effective on May 15, 
2006. EPA proposed approval on August 31, 2006 (71 FR 51790).

III. What Comments Were Received and How Has EPA Responded to Them?

    There were no comments received on EPA's proposed approval of 
NJDEP's request for delegation of the three Federal plans.

IV. What Are EPA's Conclusions?

    For reasons described in this action and in EPA's proposal action, 
EPA is approving NJDEP's request for delegation of the three Federal 
plans. For further details, the reader is referred to the proposal 
action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
approves state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This

[[Page 1670]]

action also does not have Federalism implications because it does not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action approves a state rule implementing a Federal standard, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Act. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove plan submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a plan 
submission, to use VCS in place of a plan submission that otherwise 
satisfies the provisions of the Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. EPA will submit a report containing this rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 19, 2007. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: January 4, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 62, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 62 U.S.C. 7401-7671q.

Subpart FF--New Jersey

0
2. Part 62 is amended by adding new Sec.  62.7605 and an undesignated 
heading to subpart FF to read as follows:
    Air Emissions from Existing Municipal Solid Waste Landfills, Small 
Municipal Waste Combustion Units, and Hospital/Medical/Infectious Waste 
Incinerators.


Sec.  62.7605  Identification of plan--delegation of authority.

    (a) Letter from the New Jersey Department of Environmental 
Protection (NJDEP), submitted May 13, 2005, requesting delegation of 
authority from EPA to implement and enforce the following three Federal 
plans: Municipal Solid Waste Landfills (MSW Landfills), Hospital/
Medical/Infectious Waste Incinerators (HMIWI) and Small Municipal Waste 
Combustion Units (Small MWCs). The Federal plans will be administered 
by both NJDEP and EPA, pursuant to the following: ``Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction Prior to May 30, 1991 and Have Not Been Modified or 
Reconstructed Since May 30, 1991,'' 40 CFR part 62, subpart GGG; 
``Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed on or Before June 20, 1996,'' 40 CFR part 62, 
subpart HHH; and ``Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999,'' 40 CFR 
part 62, subpart JJJ.
    (b) Identification of sources: The three Federal plans apply to 
existing facilities as follows: MSW Landfills which commenced 
construction, reconstruction, or modification before May 30, 1991 and a 
MSW Landfill that has accepted waste at any time since November 8, 1987 
or the landfill has additional capacity for future waste deposition; 
HMIWIs that combust any amount of hospital, medical or infectious waste 
and that commenced construction on or before June 20, 1996; and Small 
MWCs with a capacity to combust at least 35 tons per day of municipal 
solid waste or refuse-derived fuel but no more than 250 tons per day of 
municipal solid waste or refuse-derived fuel and if the Small MWC 
commenced construction on or before August 30, 1999.
    (c) On April 24, 2006, EPA prepared and signed Memorandums of 
Agreement (MOAs) between EPA and NJDEP that define the policies, 
responsibilities and procedures pursuant to the three Federal plans 
identified in (a) above by which the Federal plans will be administered 
by both NJDEP and EPA. On May 15, 2006, Lisa P. Jackson, NJDEP 
Commissioner, signed the MOAs, therefore agreeing to the terms and 
conditions of the MOAs and accepting responsibility to enforce and 
implement the policies, responsibilities, and procedures for MSW 
Landfills, HMIWIs and Small MWCs.
    (d) The delegation became fully effective on May 15, 2006, the date 
the MOAs were signed by the NJDEP Commissioner.
 [FR Doc. E7-413 Filed 1-12-07; 8:45 am]

BILLING CODE 6560-50-P
