Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44527 

• 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 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 removing West 

Virginia regulations 45CSR39 and 

45CSR41 from the West Virginia SIP 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP 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. 

B. Submission to Congress and the 

Comptroller General 

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 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. 

C. Petitions for Judicial Review 

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 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this issue of the Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking 

action. 

This action approving West Virginia 

SIP revision submittals to remove 

obsolete CAIR annual trading program 

provisions may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: September 11, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart XX—West Virginia 

§ 52.2520 [Amended] 

■ 2. In § 52.2520, the first table in 

paragraph (c) is amended by: 

■ a. Removing the table heading and the 

entries for ‘‘[45 CSR] Series 39’’. 

■ b. Removing the table heading and the 

entries for ‘‘[45 CSR] Series 41’’. 

[FR Doc. 2017–20341 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 

gardella.anthony@epa.gov. 

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, 


asabaliauskas on DSKBBXCHB2PROD with RULES
44528 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 

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: 


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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44529 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart FF—New Jersey 

■ 2. Add § 62.7607 and an undesignated 

heading to subpart FF to read as follows: 

Air Emissions from Existing Sewage 

Sludge Incineration Units 

§ 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 

§ 62.16045; and 

(3) The SSI unit(s) is not exempt 

under § 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–9967– 

25–Region 5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Deletion of the Nutting 

Truck & Caster Co. Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Deletion of the 

Nutting Truck & Caster Co. Superfund 

Site (Site), located in Faribault, Rice 

County, Minnesota from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Minnesota, through the Minnesota 

Pollution Control Agency (MPCA), 

because EPA has determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective November 24, 2017 unless EPA 

receives adverse comments by October 

25, 2017. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2005–0011 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Comments may also be submitted by 

email or mail to Randolph Cano, NPL 

Deletion Coordinator, U.S. 

Environmental Protection Agency 

Region 5 (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

886–6036, email address: 

cano.randolph@epa.gov or hand deliver: 

Superfund Records Center, U.S. 

Environmental Protection Agency 

Region 5, 77 West Jackson Boulevard, 

7th Floor South, Chicago, IL 60604, 

(312) 886–0900. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8 a.m. to 4 p.m., 

excluding Federal holidays. 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. Publicly 

available docket materials are available 

either electronically through https://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers 

and viewing hours are: 

U.S. Environmental Protection 

Agency—Region 5, Superfund Records 

Center, 77 West Jackson Boulevard, 7th 

Floor South, Chicago, IL 60604, Phone: 

(312) 886–0900, Hours: Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

Buckham Memorial Library, 11 

Division Street E, Faribault, MN 55021, 

Phone: (507) 334–2089, Hours: Monday 

and Wednesday, 9 a.m. to 6 p.m., 

Tuesday and Thursday 9 a.m. to 8 p.m., 

Friday and Saturday 9 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Randolph Cano, NPL Deletion 

Coordinator, U.S. Environmental 

Protection Agency Region 5 (SR–6J), 77 

West Jackson Boulevard, Chicago, IL 

60604, (312) 886–6036, or via email at 

cano.randolph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 5 is publishing this direct 

final Notice of Deletion of the Nutting 


asabaliauskas on DSKBBXCHB2PROD with RULES