Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for a Specific Source in the State of New Jersey, 70352-70354 [2011-29174]

Download as PDF 70352 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES § 165.T14–1048 Security Zone. West Oahu Offshore (a) Location. The following area, from the surface of the water to the ocean floor, is a security zone: All waters encompassed by a line extending 1000 yards north along the coast from 21°20′16.00″ N, 158°07′34.77″ W; to 21°20′43.98″ N, 158°07′44.52″ W; then 1000 yards west to 21°20′36.10″ N, 158°08′15.18″ W; then 2000 yards south to 21°19′38.93″ N, 158°07′54.33″ W; then east to 21°19′1647.64″ N, 158°07′23.79″ W; then north along the shoreline back to the starting point. The West Oahu Offshore Zone does not include the entrance of Barbers Point Harbor Channel or the four lagoons adjacent to the Ko’olina Resort. (b) Enforcement period. The security zone described in paragraph (a) of this section will be enforced from 11 p.m. HST on November 13, 2011, to 9 a.m. HST on November 15, 2011. (c) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Honolulu to assist in enforcing the security zone described in paragraph (a) of this section. (d) Regulations. The general security zone regulations found in 33 CFR part 165, subpart D, apply to the security zone created by this temporary section. (1) All persons are required to comply with the general regulations governing security zone found in 33 CFR 165.33. (2) Entry into or remaining in the security zone described in paragraph (a) of this section is prohibited unless authorized by the Coast Guard Captain of the Port Honolulu. (3) Persons desiring to transit the security zone identified in paragraph (a) of this section may contact the Captain of the Port at Command Center telephone number (808) 842–2600 and (808) 842–2601, fax (808) 842–2624 or on VHF channel 16 (156.8 Mhz) to seek permission to transit the zone. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while within the zone. (e) Enforcement personnel. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. VerDate Mar<15>2010 16:08 Nov 10, 2011 Jkt 226001 Dated: November 4, 2011. J.M. Nunan, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2011–29456 Filed 11–9–11; 4:15 pm] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2011–0499; FRL–9486–1] 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). ACTION: Final rule. AGENCY: 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. This SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the stationary reciprocating, diesel fuel fired, internal combustion engines operated by the Naval Weapons Station Earle located in Colts Neck, New Jersey. This action approves the source-specific RACT determination that was made by New Jersey in accordance with the provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this rule is to approve source-specific emissions limitations required by the Clean Air Act. SUMMARY: Effective Date: This rule is effective on December 14, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2011–0499. 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., 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 www.regulations.gov or in hard copy at the Environmental Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, DATES: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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: Raymond K. Forde, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637–3716. SUPPLEMENTARY INFORMATION: I. What action is EPA taking today? EPA is approving New Jersey’s revision to the ozone State Implementation Plan (SIP) submitted on May 14, 2009. This SIP revision relates to New Jersey’s NOX RACT determination for the Naval Weapons Station Earle (NWSE) facility located in Colts Neck, New Jersey, Monmouth County. The facility contains two stationary reciprocating, diesel fuel fired, internal combustion engines one existing and one new engine. II. What comments were received and what is EPA’s response? EPA received one comment from the public. The commenter expressed support for EPA’s proposed approval of the New Jersey SIP revision but was concerned about the length of time from the date EPA received the SIP revision request to the date of EPA’s proposal to approve the SIP revision. EPA understands the commenter’s concerns. However, due to the numerous SIP revisions that EPA receives, and the limited resources EPA has to act on all SIP revisions, EPA must process SIP revisions based on overall program priorities. III. Conclusion EPA has determined that New Jersey’s SIP revision for the NOX RACT determination for NWSE’s engines is consistent with New Jersey’s NOX RACT regulation and EPA’s guidance. EPA has determined that New Jersey’s SIP revision will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act. Therefore, EPA is approving the NOX emission limits identified in New Jersey’s Conditions of Approval document for NWSE’s engines. The conditions contained in the Conditions of Approval document currently specify emissions limits, work practice standards, testing, monitoring, and recordkeeping/reporting requirements. These conditions are consistent with the NOX RACT requirements specified in Subchapter 19 of Chapter 27, Title 7 of the New Jersey E:\FR\FM\14NOR1.SGM 14NOR1 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES Administrative Code and conform to EPA NOX RACT guidance. More specifically, EPA approves the current Conditions of Approval document which includes the following, to limit the: 1. NOX emissions rate from each engine to 11.3 g/bhp-hr, 2. Total NOX emissions rate while combusting 100% distillate oil to 4.67 tons per year for both engines combined, 3. Combined hours of operation for both engines to less than 675 hours per year, 4. Operation of each engine to 75% load or less, and 5. Annual fuel usage to 20,047.50 gallons per year combined for both engines. In addition, the Conditions of Approval specify the NOX emissions limits, combustion process adjustments mentioned above, emission testing, monitoring, recordkeeping and reporting requirements, which States and sources will need to provide for through the Title V permitting process. 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); VerDate Mar<15>2010 16:08 Nov 10, 2011 Jkt 226001 • 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 January 13, 2012. 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 70353 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. Section 804, however, exempts from section 801 the following types of rules: rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. 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: October 19, 2011. Judith A. Enck, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart FF—New Jersey 2. Section 52.1570 is amended by adding new paragraph (c)(90) to read as follows: ■ § 52.1570 Identification of plan. * * * * * (c) * * * (90) Revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of nitrogen oxides from Naval Weapons Station Earle dated May 14, 2009 and supplementary information dated May 21, 2009 submitted by the New Jersey State Department of Environmental Protection. (i) Incorporation by reference: (A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits, New Jersey Department of Environmental Protection, addressed to Captain G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled ‘‘Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides (NOX) Pursuant to N.J.A.C. 7:27–19.13 and E:\FR\FM\14NOR1.SGM 14NOR1 70354 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations Significant Modification of Operating Permit,’’ dated and approved May 21, 2009 including Attachment 1 ‘‘Conditions of Approval Alternative Maximum Emission Rate For NOX For Two (2) Detroit Diesel Distillate Oil Fuel Fired 2–Stroke Diesel Internal Combustion Engines, Naval Weapons Station Earle.’’ [FR Doc. 2011–29174 Filed 11–10–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2010–0978; FRL–9489–9] Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Permit Renewals Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving revisions to the applicable State Implementation Plan (SIP) for the State of Texas that relate to Permit Renewals. The portions of the SIP revisions that EPA is approving address the following requirements related to Permit Renewals: Notification of permit holder, permit renewal application, and review schedule. EPA finds that these changes to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations and are consistent with EPA policies. EPA is taking this action under section 110 of the Act. DATES: This rule is effective on December 14, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2010–0978. All documents in the docket are listed on the http://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 http:// www.regulations.gov or in hard copy at the Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:08 Nov 10, 2011 Jkt 226001 inspection in the Region 6 Freedom of Information Act Review Room between the hours of 8:30 am and 4:30 pm weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at (214) 665–7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittals are also available for public inspection at the State Air Agency listed below during official business hours by appointment: Texas Commission on Environmental Quality (TCEQ), Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753. FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits Section (6PD–R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7212; fax number (214) 665–6762; email address spruiell.stanley@epa.gov. SUPPLEMENTARY INFORMATION:THROUGHOUT THIS DOCUMENT WHEREVER ANY REFERENCE TO ‘‘WE,’’ ‘‘US,’’ OR ‘‘OUR’’ IS USED, WE MEAN EPA. Table of Contents I. The State’s Submittals A. What is the background of the Texas Permit Renewals program? B. What changes did the State submit? II. What action is EPA taking? III. EPA’s Evaluation A. Section 30 TAC 116.310—Notification of Permit Holder 1. What is the background of 30 TAC 116.310? 2. What did Texas submit for 30 TAC 116.310? 3. What is EPA’s evaluation of the submitted revisions to 30 TAC 116.310? B. Section 30 TAC 116.311—Permit Renewal Application 1. What is the background of 30 TAC 116.311? 2. What did Texas submit for 30 TAC 116.311? 3. What is EPA’s evaluation of the submitted revisions to 30 TAC 116.311? C. Section 30 TAC 116.314—Review Schedule 1. What is the background of 30 TAC 116.314? 2. What did Texas submit for 30 TAC 116.314? 3. What is EPA’s evaluation of the submitted revisions to 30 TAC 116.314? IV. Response to Comments V. Final Action VI. Statutory and Executive Order Reviews PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 I. The State’s Submittals A. What is the background of the Texas Permit Renewals program? In this action, EPA is approving revisions to the Texas regulations relating to renewal of preconstruction permits. The rules for Permit Renewals are currently approved in the Texas SIP under 30 TAC 116.310, 116.311, 116.312, 116.313, 116.314, and 116.315. EPA approved these rules on March 10, 2006 (71 FR 12285), and revisions on March 20, 2009 (74 FR 11851), and March 11, 2010 (75 FR 11464). The approved rules require each preconstruction permit to be renewed every ten years. Permit renewal is approved based upon a demonstration in the renewal application that the permitted facility will operate in accordance with all requirements and conditions of the existing permit, including representations in the application to construct, any subsequent amendments, any previously granted renewal, and the compliance history of the facility. Although preconstruction permits must remain in effect as long as the source operates and until voided under the approved implementation procedures, periodic renewal of preconstruction permits is neither required nor prohibited under the Act or Federal Regulations. B. What changes did the State submit? On December 15, 1995; July 22, 1998; and September 4, 2002; the State of Texas submitted revisions to the Texas SIP concerning Permit Renewals under Title 30 of the Texas Administrative Code (30 TAC), Chapter 116—Control of Air Pollution by Permits for New Construction or Modification, Subchapter D—Permit Renewals. The December 15, 1995, revisions to these provisions were superseded and rendered moot by revisions submitted to EPA on July 22, 1998, because the latter submittal repealed and replaced the earlier versions of the same provisions addressed in the December 15, 1995, submittal. Submitted revisions included changes to 30 TAC 116.310— Notification of Permit Holder, 30 TAC 116.311—Permit Renewal Application, 30 TAC 116.312—Public Notification and Comment Procedures, 30 TAC 116.313—Renewal Application Fees, 30 TAC 116.314—Review Schedule, and 30 TAC 116.315—Permit Renewal Submittal. In this final action, we are addressing submitted revisions to 30 TAC 116.310, 116.311, and 116.314. Section 30 TAC 116.310—Notification of Permit Holder—is currently approved as adopted by Texas on August 16, 1993, approved March 10, 2006 (71 FR E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70352-70354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2011-0499; FRL-9486-1]


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. This SIP revision consists of a 
source-specific reasonably available control technology (RACT) 
determination for controlling oxides of nitrogen from the stationary 
reciprocating, diesel fuel fired, internal combustion engines operated 
by the Naval Weapons Station Earle located in Colts Neck, New Jersey. 
This action approves the source-specific RACT determination that was 
made by New Jersey in accordance with the provisions of its regulation 
to help meet the national ambient air quality standard for ozone. The 
intended effect of this rule is to approve source-specific emissions 
limitations required by the Clean Air Act.

DATES: Effective Date: This rule is effective on December 14, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2011-0499. 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., 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 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th 
Floor, New 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: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3716.

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking today?

    EPA is approving New Jersey's revision to the ozone State 
Implementation Plan (SIP) submitted on May 14, 2009. This SIP revision 
relates to New Jersey's NOX RACT determination for the Naval 
Weapons Station Earle (NWSE) facility located in Colts Neck, New 
Jersey, Monmouth County. The facility contains two stationary 
reciprocating, diesel fuel fired, internal combustion engines one 
existing and one new engine.

II. What comments were received and what is EPA's response?

    EPA received one comment from the public. The commenter expressed 
support for EPA's proposed approval of the New Jersey SIP revision but 
was concerned about the length of time from the date EPA received the 
SIP revision request to the date of EPA's proposal to approve the SIP 
revision. EPA understands the commenter's concerns. However, due to the 
numerous SIP revisions that EPA receives, and the limited resources EPA 
has to act on all SIP revisions, EPA must process SIP revisions based 
on overall program priorities.

III. Conclusion

    EPA has determined that New Jersey's SIP revision for the 
NOX RACT determination for NWSE's engines is consistent with 
New Jersey's NOX RACT regulation and EPA's guidance. EPA has 
determined that New Jersey's SIP revision will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act. Therefore, 
EPA is approving the NOX emission limits identified in New 
Jersey's Conditions of Approval document for NWSE's engines. The 
conditions contained in the Conditions of Approval document currently 
specify emissions limits, work practice standards, testing, monitoring, 
and recordkeeping/reporting requirements. These conditions are 
consistent with the NOX RACT requirements specified in 
Subchapter 19 of Chapter 27, Title 7 of the New Jersey

[[Page 70353]]

Administrative Code and conform to EPA NOX RACT guidance.
    More specifically, EPA approves the current Conditions of Approval 
document which includes the following, to limit the:
    1. NOX emissions rate from each engine to 11.3 g/bhp-hr,
    2. Total NOX emissions rate while combusting 100% 
distillate oil to 4.67 tons per year for both engines combined,
    3. Combined hours of operation for both engines to less than 675 
hours per year,
    4. Operation of each engine to 75% load or less, and
    5. Annual fuel usage to 20,047.50 gallons per year combined for 
both engines.
    In addition, the Conditions of Approval specify the NOX 
emissions limits, combustion process adjustments mentioned above, 
emission testing, monitoring, recordkeeping and reporting requirements, 
which States and sources will need to provide for through the Title V 
permitting process.

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 January 13, 2012. 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).
    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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

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: October 19, 2011.
Judith A. Enck,
Regional Administrator, Region 2.

    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.

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(90) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (90) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from Naval Weapons 
Station Earle dated May 14, 2009 and supplementary information dated 
May 21, 2009 submitted by the New Jersey State Department of 
Environmental Protection.
    (i) Incorporation by reference:
    (A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits, 
New Jersey Department of Environmental Protection, addressed to Captain 
G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled 
``Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides 
(NOX) Pursuant to N.J.A.C. 7:27-19.13 and

[[Page 70354]]

Significant Modification of Operating Permit,'' dated and approved May 
21, 2009 including Attachment 1 ``Conditions of Approval Alternative 
Maximum Emission Rate For NOX For Two (2) Detroit Diesel 
Distillate Oil Fuel Fired 2-Stroke Diesel Internal Combustion Engines, 
Naval Weapons Station Earle.''

[FR Doc. 2011-29174 Filed 11-10-11; 8:45 am]
BILLING CODE 6560-50-P