Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority, 32301-32303 [2017-14744]
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Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules
BART,38 our proposed approval
addressing BART for all other BARTeligible EGUs 39 and this proposal to
address SO2 and PM BART for the
Nelson facility, we will have fulfilled all
outstanding obligations with respect to
the Louisiana regional haze program for
the first planning period.
The EPA has made the preliminary
determination that the June 2017 SIP
revision requested by the State to be
parallel processed is in accordance with
the CAA and consistent with the CAA
and the EPA’s policy and guidance.
Therefore, the EPA is proposing action
on the June 2017 SIP revision in parallel
with the State’s rulemaking process.
After the State completes its rulemaking
process, adopts its final regulations, and
submits these final adopted regulations
as a revision to the Louisiana SIP, the
EPA will prepare a final action. If
changes are made to the State’s
proposed rule after the EPA’s notice of
proposed rulemaking, such changes
must be acknowledged in the EPA’s
final rulemaking action. If the changes
are significant, then the EPA may be
obligated to withdraw our initial
proposed action and re-propose.
sradovich on DSK3GMQ082PROD with PROPOSALS2
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP 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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
38 81
FR 74750 (October 27, 2016).
39 82 FR 22936 (May 19, 2017).
VerDate Sep<11>2014
16:37 Jul 12, 2017
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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
this action does not involve technical
standards; and
• Does not provide 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxides,
Visibility, Interstate transport of
pollution, Regional haze, Best available
control technology.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 23, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–14693 Filed 7–12–17; 8:45 am]
BILLING CODE 6560–50–P
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.
PO 00000
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ACTION:
32301
Proposed rule.
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.
SUMMARY:
Written comments must be
received on or before August 14, 2017.
DATES:
Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2017–0132 at https://
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
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Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules
III. What was submitted by the NJDEP
and how did the EPA respond?
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.
sradovich on DSK3GMQ082PROD with PROPOSALS2
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.
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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
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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 § 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
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.
E:\FR\FM\13JYP1.SGM
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Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules
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.
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.).
sradovich on DSK3GMQ082PROD with PROPOSALS2
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
VerDate Sep<11>2014
16:37 Jul 12, 2017
Jkt 241001
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]
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32303
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2016–0344; FRL–9962–
38–Region 6 ]
Oklahoma: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The State of Oklahoma has
applied to Environmental Protection
Agency (EPA) for Final authorization of
the changes to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA proposes to grant Final
authorization to the State of Oklahoma.
In the ‘‘Rules and Regulations’’ section
of this Federal Register, EPA is
authorizing the changes by an
immediate final rule. EPA did not make
a proposal prior to the direct final rule
because we believe this action is not
controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble to the
direct final rule. Unless we get written
comments which oppose this
authorization during the comment
period, the direct final rule will become
effective 60 days after publication and
we will not take further action on this
proposal. If we receive comments that
oppose this action, we will withdraw
the direct final rule and it will not take
effect. We will then respond to public
comments in a later final rule based on
this proposal. You may not have another
opportunity for comment. If you want to
comment on this action, you must do so
at this time.
DATES: Send your written comments by
August 14, 2017.
ADDRESSES: Submit any comments
identified by Docket ID No. EPA–R06–
RCRA–2016–0344 by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Regional
Authorization Coordinator, Permit
Section (6MM–RP), Multimedia
Division, EPA Region 6, 1445 Ross
Avenue, Suite 1200, Dallas Texas
75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Regional Authorization Coordinator,
Permit Section (6MM–RP), Multimedia
Division, EPA Region 6, 1445 Ross
SUMMARY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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 https://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 https://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
