Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for a Specific Source in the State of New Jersey, 40752-40754 [E8-16122]
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40752
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
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 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 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.
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
State citation
*
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 September 15,
2008. 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 52
Environmental protection, Air
pollution control, Carbon monoxide,
*
*
*
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2008.
Judith Wong,
Acting Deputy Regional Administrator,
Region 8.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ—Wyoming
2. In § 52.2620, the table in paragraph
(c)(1) is amended under Chapter 6 by
revising the entry for Section 4 to read
as follows:
I
§ 52.2620
*
State adopted and
effective date
Title/Subject
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
EPA approval date and citation 1
*
*
Explanations
*
Chapter 6
*
*
Section 4 ......................................
*
*
*
Prevention of significant deterioration.
*
*
*
7/27/06, 10/6/06
*
*
7/16/08. [insert FR page number
where document begins].
*
*
*
*
1 In
order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.
[FR Doc. E8–16126 Filed 7–15–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
dwashington3 on PRODPC61 with RULES
[Docket No. EPA–R02–OAR–2008–0004;
FRL–8576–6]
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for a Specific
Source in the State of New Jersey
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
VerDate Aug<31>2005
15:04 Jul 15, 2008
Jkt 214001
SUMMARY: The Environmental Protection
Agency (EPA) is announcing approval of
a revision to the State Implementation
Plan (SIP) for ozone submitted by the
State of New Jersey. The SIP revision
consists of a source-specific reasonably
available control technology (RACT)
determination for controlling oxides of
nitrogen (NOX ) from stationary internal
combustion engines operated by the
Trigen-Trenton Energy Co., L.P. This
action approves the source-specific
RACT determination that was made by
New Jersey in accordance with
provisions of its regulation to help meet
the national ambient air quality
standard for ozone. The intended effect
of this action is to approve sourcespecific emission limitations required
by the Clean Air Act.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Effective Date: This rule will
become effective on August 15, 2008.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2008–0004. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI 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
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
ADDRESSES:
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
York, New York 10007–1866. This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT:
Gavin Lau, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10278, (212) 637–3708, e-mail:
Lau.Gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
EPA is approving a revision to the
New Jersey Department of
Environmental Protection’s (New
Jersey’s) ozone State Implementation
Plan (SIP) submitted on August 7, 2007.
This SIP revision relates to New Jersey’s
NOX RACT determination for the
Trigen-Trenton Energy Co. L.P. (Trigen)
facility located in Trenton, Mercer
County. The facility contains two
stationary reciprocating internal
combustion engines vented through a
common stack. The reader is referred to
the proposed rulemaking on this action
(March 6, 2008, 73 FR 12041) for
additional details.
II. What Comments Were Received and
What Is EPA’s Response?
No comments were received.
dwashington3 on PRODPC61 with RULES
III. Conclusion
EPA has determined that New Jersey’s
SIP revision for New Jersey’s NOX RACT
determination for Trigen’s internal
combustion engines is consistent with
New Jersey’s RACT regulation and
EPA’s guidance. EPA has determined
that the NOX emission limits identified
in New Jersey’s Conditions of Approval
document represent RACT for Trigen’s
internal combustion engines. More
specifically, EPA approves New Jersey’s
Conditions of Approval document
which includes an alternative emissions
limit for Trigen’s engines while
operating on dual fuel and low sulfur
distillate oil. While burning dual fuel,
Trigen’s engines will comply with the
NOX RACT limit of 2.3 g/bhp-hr. Under
conditions specified for burning low
sulfur distillate oil, emissions of NOX
from the engines shall not exceed 12 g/
bhp-hr. The use of low sulfur distillate
oil is limited to 200 hours per year per
engine during startup, shutdown,
injector cleanout, major component
break-in and during emergencies. Trigen
is also limited to using low sulfur
distillate oil for only one engine at any
time, excluding times of natural gas
curtailment or emergency. As a point of
clarification, EPA’s approval of the
alternative emission limit applies only
VerDate Aug<31>2005
15:04 Jul 15, 2008
Jkt 214001
to Trigen’s internal combustion engines
and does not include boilers as stated in
the proposed rule.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves 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 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 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 does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
40753
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. 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 September 15,
2008. 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 28, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1570 is amended by
adding new paragraph (c)(85) to read as
follows:
I
§ 52.1570
Identification of plan.
*
*
E:\FR\FM\16JYR1.SGM
*
16JYR1
*
*
40754
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
(c) * * *
(85) Revisions to the New Jersey State
Implementation Plan (SIP) for ozone
concerning the control of nitrogen
oxides from Trigen-Trenton Energy Co.,
L.P., dated August 7, 2007 submitted by
the New Jersey State Department of
Environmental Protection (NJDEP).
(i) Incorporation by reference:
(A) a letter from Lisa P. Jackson,
Commissioner, New Jersey Department
of Environmental Protection, addressed
to Alan J. Steinberg, USEPA, dated
August 7, 2007, and Attachment 1 to the
letter, titled ‘‘Conditions of Approval,
Alternative Maximum Emission Rate for
NOX for Two (2) Cooper Bessemer
Distillate Oil or Dual Fuel Fired 4Stroke Diesel Internal Combustion
Engines,’’ Trigen-Trenton Energy
Company L.P., Trenton, NJ. APC Plant
ID No. 61015, approved January 11,
2007.
*
*
*
*
*
[FR Doc. E8–16122 Filed 7–15–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–1105; FRL–8580–3]
Revisions to the California State
Implementation Plan, Mojave Desert
Air Quality Management District and
Ventura County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Mojave Desert Air Quality Management
District (MDAQMD) and Ventura
County Air Pollution Control District
(VCAPCD) portions of the California
SUMMARY:
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from wood
products and marine coating operations.
We are approving local rules that
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on
September 15, 2008 without further
notice, unless EPA receives adverse
comments by August 15, 2008. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–1105, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia G. Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board.
TABLE 1.—SUBMITTED RULES
Local agency
Rule No.
dwashington3 on PRODPC61 with RULES
MDAQMD ...........................................
VCAPCD .............................................
1106
74.30
On July 23, 2007, the submittal of
MDAQMD Rule 1106 was found to meet
the completeness criteria in 40 CFR Part
51 Appendix V, which must be met
before formal EPA review. On October
24, 2006, the submittal of VCAPCD Rule
74.30 was found to meet the
completeness criteria in 40 CFR Part 51
VerDate Aug<31>2005
15:04 Jul 15, 2008
Jkt 214001
Rule title
Marine Coating Operations ........................................................
Wood Products Coatings ............................................................
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of these
rules?
There is no previous version of Rule
1106 in the MDAQMD SIP, although the
MDAQMD adopted an earlier version of
this rule on August 28, 2006, and CARB
submitted it to us on May 8, 2007.
PO 00000
Adopted
Frm 00040
Fmt 4700
Sfmt 4700
10/23/06
06/27/06
Submitted
05/08/07
10/05/06
While we can act on only the most
recently submitted version, we have
reviewed materials provided with
previous submittals. A version of
SCAQMD Rule 1106 adopted on
November 4, 1988 and amended on
August 2, 1991, was approved into the
SIP on July 14, 1995 (60 FR 36227) and
E:\FR\FM\16JYR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40752-40754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16122]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2008-0004; FRL-8576-6]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for a Specific
Source in the State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is announcing
approval of a revision to the State Implementation Plan (SIP) for ozone
submitted by the State of New Jersey. The SIP revision consists of a
source-specific reasonably available control technology (RACT)
determination for controlling oxides of nitrogen (NOX ) from
stationary internal combustion engines operated by the Trigen-Trenton
Energy Co., L.P. This action approves the source-specific RACT
determination that was made by New Jersey in accordance with provisions
of its regulation to help meet the national ambient air quality
standard for ozone. The intended effect of this action is to approve
source-specific emission limitations required by the Clean Air Act.
DATES: Effective Date: This rule will become effective on August 15,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2008-0004. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI 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
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New
[[Page 40753]]
York, New York 10007-1866. This Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3708, e-mail: Lau.Gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
EPA is approving a revision to the New Jersey Department of
Environmental Protection's (New Jersey's) ozone State Implementation
Plan (SIP) submitted on August 7, 2007. This SIP revision relates to
New Jersey's NOX RACT determination for the Trigen-Trenton
Energy Co. L.P. (Trigen) facility located in Trenton, Mercer County.
The facility contains two stationary reciprocating internal combustion
engines vented through a common stack. The reader is referred to the
proposed rulemaking on this action (March 6, 2008, 73 FR 12041) for
additional details.
II. What Comments Were Received and What Is EPA's Response?
No comments were received.
III. Conclusion
EPA has determined that New Jersey's SIP revision for New Jersey's
NOX RACT determination for Trigen's internal combustion
engines is consistent with New Jersey's RACT regulation and EPA's
guidance. EPA has determined that the NOX emission limits
identified in New Jersey's Conditions of Approval document represent
RACT for Trigen's internal combustion engines. More specifically, EPA
approves New Jersey's Conditions of Approval document which includes an
alternative emissions limit for Trigen's engines while operating on
dual fuel and low sulfur distillate oil. While burning dual fuel,
Trigen's engines will comply with the NOX RACT limit of 2.3
g/bhp-hr. Under conditions specified for burning low sulfur distillate
oil, emissions of NOX from the engines shall not exceed 12
g/bhp-hr. The use of low sulfur distillate oil is limited to 200 hours
per year per engine during startup, shutdown, injector cleanout, major
component break-in and during emergencies. Trigen is also limited to
using low sulfur distillate oil for only one engine at any time,
excluding times of natural gas curtailment or emergency. As a point of
clarification, EPA's approval of the alternative emission limit applies
only to Trigen's internal combustion engines and does not include
boilers as stated in the proposed rule.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves 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 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 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 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.
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(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 September 15, 2008. 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 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 28, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1570 is amended by adding new paragraph (c)(85) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
[[Page 40754]]
(c) * * *
(85) Revisions to the New Jersey State Implementation Plan (SIP)
for ozone concerning the control of nitrogen oxides from Trigen-Trenton
Energy Co., L.P., dated August 7, 2007 submitted by the New Jersey
State Department of Environmental Protection (NJDEP).
(i) Incorporation by reference:
(A) a letter from Lisa P. Jackson, Commissioner, New Jersey
Department of Environmental Protection, addressed to Alan J. Steinberg,
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled
``Conditions of Approval, Alternative Maximum Emission Rate for
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved
January 11, 2007.
* * * * *
[FR Doc. E8-16122 Filed 7-15-08; 8:45 am]
BILLING CODE 6560-50-P
