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]
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70352
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
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§ 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.
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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
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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
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Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
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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);
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• 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
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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
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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 https://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 https://
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
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SUMMARY:
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
