
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Proposed Rules]
[Pages 32301-32303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 Gardella.Anthony@epa.gov.

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.
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    \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.
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    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


