Approval and Promulgation of Air Quality Implementation Plans; State of New Jersey; Regional Haze State Implementation Plan, 19-22 [2011-33666]
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations
Register notice for the General Working
Conditions in Shipyard Employment
final rule stated that compliance with
the collection of information
requirements was not required until
OMB approved these requirements, and
that the Department of Labor would
publish a notice in the Federal Register
announcing that OMB approved and
assigned a control number to the
requirements. See 76 FR 24695. Under
5 CFR 1320.5(b), an agency may not
conduct or sponsor a collection of
information unless: (1) The collection of
information displays a currently valid
OMB control number, and (2) the
agency informs those members of the
public who must respond to the
collection of information that they are
not required to respond to the collection
of information unless it displays a
currently valid OMB control number.
On May 2, 2011, OSHA submitted the
General Working Conditions in
Shipyard Employment (29 CFR part
1915, subpart F) Information Collection
Request for the final rule to OMB for
approval in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). On October 31,
2011, OMB approved the collections of
information contained in the final rule
and assigned this collection OMB
Control Number 1218–0259.
Occupational safety and health,
reporting, Recordkeeping requirements,
Hazards in general working condition in
shipyard employment.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.), and Secretary of
Labor’s Order No. 4–2010 (75 FR
55355).
Signed at Washington, DC, on December
22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
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Amendments to Standard
For the reasons stated in the preamble
to the final rule, the Occupational Safety
and Health Administration amends 29
CFR part 1915 to read as follows:
Subpart F—[Amended]
Amend § 1915.8, by adding to the
table the entries ‘‘1915.83, 1915.87,
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§ 1915.8 OMB control numbers under the
Paperwork Reduction Act.
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OMB control
No.
29 CFR citation
1915.83
1915.87
1915.88
1915.89
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1218–0259
1218–0259
1218–0259
1218–0259
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[FR Doc. 2011–33260 Filed 12–30–11; 8:45 am]
BILLING CODE 4510–26–P
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:
Robert F. Kelly, State Implementation
Planning Section, Air Programs Branch,
EPA Region 2, 290 Broadway, New
York, New York 10007–1866. The
telephone number is (212) 637–4249.
Mr. Kelly can also be reached via
electronic mail at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2011–0607; FRL–9611–2]
Approval and Promulgation of Air
Quality Implementation Plans; State of
New Jersey; Regional Haze State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the revision
to the New Jersey State Implementation
Plan, submitted by the State of New
Jersey. The revision addresses Clean Air
Act requirements and EPA’s rules for
states to prevent and remedy future and
existing anthropogenic impairment of
visibility in mandatory Class I areas
through a regional haze program. EPA’s
approval includes but is not limited to
New Jersey’s plans to implement
Reasonable Progress Goals, Best
Available Retrofit Technologies on
eligible sources, as well as New Jersey’s
Subchapter 9, Sulfur in Fuels rule and
source-specific SIP revisions.
DATES: Effective Date: This rule is
effective on February 2, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2011–0607. 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
SUMMARY:
List of Subjects in 29 CFR Part 1915
PART 1915—[AMENDED]
1915.88, and 1915.89’’ in the proper
numerical sequence as follows:
19
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Table of Contents
I. What action is EPA taking?
II. Did NJ adopt BART requirements
consistent with EPA’s proposal?
III. What comments did EPA receive in
response to its proposal?
IV. What are EPA’s conclusions?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving a revision to New
Jersey’s State Implementation Plan (SIP)
submitted on July 28, 2009, that
addressed progress toward reducing
regional haze for the first
implementation period ending in 2018.
The initial submittal was supplemented
by a December 9, 2010 submittal
transmitting New Jersey’s adopted
regulation Subchapter 9 Sulfur in Fuel,
lowering the sulfur content in fuel oil,
a March 2, 2011 submittal which
included Best Available Retrofit
Technologies (BART) determinations
and controls, and a December 7, 2011
submittal including Air Pollution
Control Operating Permits for sources
that require BART reductions, as listed
in the regulatory section of this action.
EPA determined that New Jersey’s
Regional Haze Plan contains the
emission reductions needed to achieve
New Jersey’s share of emission
reductions that were determined to be
reasonable through the regional
planning process. Furthermore, New
Jersey’s Regional Haze Plan ensures that
emissions from the State will not
interfere with the Reasonable Progress
Goals (RPGs) for neighboring States’
Class I areas. Thus, EPA is approving
into the SIP the Regional Haze Plan
submitted by New Jersey on July 28,
2009 and supplemented on December 9,
2010, March 2, 2011, and December 7,
2011 as satisfying the requirements of
the Clean Air Act. EPA is taking this
action pursuant to Section 110 of the
Act.
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations
For additional details on EPA’s
analysis and findings the reader is
referred to the proposal published in the
August 11, 2011 Federal Register (76 FR
49711) and a more detailed discussion
as contained in the Technical Support
Document which is available on line at
https://www.regulations.gov, Docket
number EPA–R02–OAR–2011–0607.
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II. Did NJ adopt BART requirements
consistent with EPA’s proposal?
On December 7, 2011, New Jersey
submitted to EPA the adopted
supplement, of the March 3, 2011 draft
which EPA parallel processed in the
August 11, 2011 Federal Register. The
December 7, 2011 supplement consists
of an addendum to New Jersey’s BART
Technical Support Document, final
permit modifications to satisfy BART,
public notice affidavits and other
administrative documents. This
supplement to the SIP is included in the
Docket and may be viewed by the reader
at www.regulations.gov.
New Jersey did not make any
substantive changes to the source
specific operating permits to incorporate
BART other than those discussed in
EPA’s August 11, 2011 proposal. Since
no substantial changes were made from
the proposal, and the SIP revision has
been adopted by New Jersey and
submitted formally to EPA for
incorporation into the SIP, EPA is
approving New Jersey’s Regional Haze
Plan, including BART.
III. What comments did EPA receive in
response to its proposal?
Two comments were received on
EPA’s August 11, 2011 proposal. The
first requested that EPA review more
closely New Jersey’s prescribed burning
program. New Jersey allows, by permit
only, prescribed burning in order to
reduce the likelihood of larger fires that
would reduce visibility at Class I areas
in New Jersey and other states. EPA
acknowledges this comment.
The second comment was from the
Pillsbury LLP law firm on behalf of B.L.
England’s Cape May power plant.
Pillsbury commented that the plant was
ready to operate before August 7, 1962 1
and was delayed due to forces outside
the control of facility. Pillsbury
submitted extensive comments based on
its review of the legislative history of
this portion of the Clean Air Act.
New Jersey has determined that the
Cape May facility is eligible for BART
controls whether or not Unit 1 is
1 One of the criteria to be classified as BART
eligible is that the emission unit was in existence
on August 7, 1977 and begun operation after August
7, 1962 (see section 169A(b)(2)(A) of the Act and
40 CFR part 51, appendix Y).
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determined to be BART-eligible, and
EPA supports New Jersey’s
determination. In addition, the Clean
Air Act requires states to adopt
reasonable controls as necessary to
make reasonable progress towards
improving visibility.
Based on New Jersey’s analysis, the
controls New Jersey has required for this
facility under an existing
Administrative Consent Order are
reasonable and would be enforced on
the Cape May facility, even if it were not
eligible for BART emission controls.
EPA agrees with New Jersey’s
determination of emission control
requirements for this facility.
IV. What are EPA’s conclusions?
EPA has evaluated the proposed
revision to the SIP submitted by the
State of New Jersey that addresses
regional haze for the first planning
period from 2008 through 2018. EPA is
approving the revision to the SIP, which
addresses the Regional Haze
requirements of the Clean Air Act. This
approval includes but is not limited to
the Reasonable Progress portion of the
plan, New Jersey’s implementation of
Best Available Retrofit Technologies on
eligible sources, and New Jersey’s
Subchapter 9, Sulfur in Fuels rule.
V. 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
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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 March 5, 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
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 13, 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)(91) to read as
follows:
■
§ 52.1570
Identification of plan.
*
*
*
*
*
(c) * * *
(91) A revision submitted on July 28,
2009, as supplemented on December 9,
2010, March 2, 2011 and December 7,
2011, by the New Jersey Department of
Environmental Protection (NJDEP) that
addresses the regional haze
requirements of Clean Air Act section
169A. The December 9, 2010 submittal
also addresses an element of the PM2.5
SIP revision.
(i) Incorporation by reference:
(A) Amendments to New Jersey
Administrative Code, Title 7, Chapter 27
(NJAC 7:27) Subchapter 9, ‘‘Sulfur In
Fuels,’’ Section 9.2 Sulfur content
State effective
date
State regulation
*
Title 7, Chapter 27
*
*
*
Sept. 9, 2010 ....
*
5. Section 52.1606 is revised to read
as follows:
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3. Section 52.1573 is amended by
designating the existing paragraph as
paragraph (a), and adding a new
paragraph (b) to read as follows:
■
§ 52.1573
*
§ 52.1606
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(b) Visibility protection. EPA approves
the Regional Haze SIP revision
submitted by the New Jersey
Department of Environmental Protection
on July 28, 2009, as supplemented on
December 9, 2010, March 2, 2011 and
December 7, 2011 as meeting the
requirements of Clean Air Act section
169A and 40 CFR 51.308. In particular,
EPA approves the New Jersey Regional
Haze SIP as meeting the requirements of
40 CFR 51.308(e) regarding Best
Available Retrofit Technology and 40
CFR 51.308(d)(2) and (d)(4)(v) regarding
the calculation of baseline and natural
conditions for the Brigantine Wilderness
Area of the Edwin B. Forsythe National
Wildlife Refuge, and the statewide
inventory of emissions of pollutants that
are reasonably anticipated to cause or
contribute to visibility impairment in
any mandatory Class I Federal Area.
4. In § 52.1605 the table is amended
by revising the entry for ‘‘Title 7,
Chapter 27: Subchapter 9’’ to read as
follows:
■
§ 52.1605 EPA-approved New Jersey
regulations.
Comments
*
Visibility protection.
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Sulfur dioxide ‘‘bubble’’ permits issued by the State pursuant
to § 9.2 and not waived under the provisions of § 9.4 become applicable parts of the SIP only after receiving EPA
approval as a SIP revision.
(a) The requirements of section 169A
of the Clean Air Act are not met because
the plan does not include approvable
procedures meeting the requirement of
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Approval status.
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1/3/12 [Insert Federal Register page citation].
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(B) December 7, 2011, letter from
Director William O’Sullivan, NJDEP, to
Acting Director John Filippelli, Division
of Environmental Planning and
Protection, EPA Region 2, submitting a
supplement to the 2009 Regional Haze
SIP which contains the Best Available
Retrofit Technology (BART)
determinations and enforceable BART
emission limits for five facilities.
EPA approved date
*
*
Subchapter 9, ‘‘Sulfur in
Fuels‘‘.
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standards, with effective date of
September 20, 2010 and operative date
of October 25, 2010.
(B) The following Air Pollution
Control Operating Permit, Significant
Modifications and Preconstruction
Approvals:
(1) PSEG Fossil LLC Hudson
Generating Station dated March 8, 2011,
Permit BOP110001, Program Interest
12202 for units: U1–OS Summary, U1–
OS1, U1–OS2, U2–OS Summary, U15–
OS Summary and U16–OS Summary.
(2) Chevron Products Company dated
March 4, 2011, Permit BOP100001,
Program Interest 18058 for unit 15,
process heaters: OS Summary (E1501
and E1502).
(3) ConocoPhillips (Linden City)
dated September 21, 2011, Permit
BOP110001, Program Interest 41805 for
unit 3, process heaters: OS Summary,
OS1–E241, OS2–E243, OS3–E245, OS4–
E246, OS5–E247, OS6–E248, OS7–E249,
OS8–E250, OS11–E242, OS13–E253,
and OS15–E258.
(4) Vineland Municipal Electric
Utility—Howard M. Down dated
September 26, 2011, Permit BOP110001,
Program Interest 75507 for units: U10–
OS Summary, U10–OS2, U10–OS3, and
U22–OS Summary.
(5) BL England Generating Station
dated December 16, 2010, Permit
BOP100003, Program Interest 73242 for
units: GR2 U2, U1–OS Summary, U1–
OS1, U2–OS Summary, U2–OS1, U3–
OS Summary, U3–OS1, U6–OS
Summary, U6–OS1, U7–OS1, U7–OS2,
U7–OS4, U7–OS5, U7–OS6, U7–OS7,
U7–OS10, U7–OS11, U7–OS12, U8–OS
Summary, and U8–OS1.
(ii) Additional information.
(A) Letter dated December 9, 2010
from Commissioner Bob Martin, NJDEP,
to Regional Administrator Judith A.
Enck, EPA Region 2, submitting the SIP
revision containing Subchapter 9.
*
*
40 CFR 51.307, New source review, for
protection of visibility in mandatory
Class I Federal areas.
(b) Regulations for new source review.
The provisions of § 52.28 are hereby
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incorporated and made part of the
applicable plan for the State of New
Jersey.
[FR Doc. 2011–33666 Filed 12–30–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Rules and Regulations]
[Pages 19-22]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33666]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2011-0607; FRL-9611-2]
Approval and Promulgation of Air Quality Implementation Plans;
State of New Jersey; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
revision to the New Jersey State Implementation Plan, submitted by the
State of New Jersey. The revision addresses Clean Air Act requirements
and EPA's rules for states to prevent and remedy future and existing
anthropogenic impairment of visibility in mandatory Class I areas
through a regional haze program. EPA's approval includes but is not
limited to New Jersey's plans to implement Reasonable Progress Goals,
Best Available Retrofit Technologies on eligible sources, as well as
New Jersey's Subchapter 9, Sulfur in Fuels rule and source-specific SIP
revisions.
DATES: Effective Date: This rule is effective on February 2, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2011-0607. 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: Robert F. Kelly, State Implementation
Planning Section, Air Programs Branch, EPA Region 2, 290 Broadway, New
York, New York 10007-1866. The telephone number is (212) 637-4249. Mr.
Kelly can also be reached via electronic mail at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. Did NJ adopt BART requirements consistent with EPA's proposal?
III. What comments did EPA receive in response to its proposal?
IV. What are EPA's conclusions?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving a revision to New Jersey's State Implementation
Plan (SIP) submitted on July 28, 2009, that addressed progress toward
reducing regional haze for the first implementation period ending in
2018. The initial submittal was supplemented by a December 9, 2010
submittal transmitting New Jersey's adopted regulation Subchapter 9
Sulfur in Fuel, lowering the sulfur content in fuel oil, a March 2,
2011 submittal which included Best Available Retrofit Technologies
(BART) determinations and controls, and a December 7, 2011 submittal
including Air Pollution Control Operating Permits for sources that
require BART reductions, as listed in the regulatory section of this
action.
EPA determined that New Jersey's Regional Haze Plan contains the
emission reductions needed to achieve New Jersey's share of emission
reductions that were determined to be reasonable through the regional
planning process. Furthermore, New Jersey's Regional Haze Plan ensures
that emissions from the State will not interfere with the Reasonable
Progress Goals (RPGs) for neighboring States' Class I areas. Thus, EPA
is approving into the SIP the Regional Haze Plan submitted by New
Jersey on July 28, 2009 and supplemented on December 9, 2010, March 2,
2011, and December 7, 2011 as satisfying the requirements of the Clean
Air Act. EPA is taking this action pursuant to Section 110 of the Act.
[[Page 20]]
For additional details on EPA's analysis and findings the reader is
referred to the proposal published in the August 11, 2011 Federal
Register (76 FR 49711) and a more detailed discussion as contained in
the Technical Support Document which is available on line at https://www.regulations.gov, Docket number EPA-R02-OAR-2011-0607.
II. Did NJ adopt BART requirements consistent with EPA's proposal?
On December 7, 2011, New Jersey submitted to EPA the adopted
supplement, of the March 3, 2011 draft which EPA parallel processed in
the August 11, 2011 Federal Register. The December 7, 2011 supplement
consists of an addendum to New Jersey's BART Technical Support
Document, final permit modifications to satisfy BART, public notice
affidavits and other administrative documents. This supplement to the
SIP is included in the Docket and may be viewed by the reader at
www.regulations.gov.
New Jersey did not make any substantive changes to the source
specific operating permits to incorporate BART other than those
discussed in EPA's August 11, 2011 proposal. Since no substantial
changes were made from the proposal, and the SIP revision has been
adopted by New Jersey and submitted formally to EPA for incorporation
into the SIP, EPA is approving New Jersey's Regional Haze Plan,
including BART.
III. What comments did EPA receive in response to its proposal?
Two comments were received on EPA's August 11, 2011 proposal. The
first requested that EPA review more closely New Jersey's prescribed
burning program. New Jersey allows, by permit only, prescribed burning
in order to reduce the likelihood of larger fires that would reduce
visibility at Class I areas in New Jersey and other states. EPA
acknowledges this comment.
The second comment was from the Pillsbury LLP law firm on behalf of
B.L. England's Cape May power plant. Pillsbury commented that the plant
was ready to operate before August 7, 1962 \1\ and was delayed due to
forces outside the control of facility. Pillsbury submitted extensive
comments based on its review of the legislative history of this portion
of the Clean Air Act.
---------------------------------------------------------------------------
\1\ One of the criteria to be classified as BART eligible is
that the emission unit was in existence on August 7, 1977 and begun
operation after August 7, 1962 (see section 169A(b)(2)(A) of the Act
and 40 CFR part 51, appendix Y).
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New Jersey has determined that the Cape May facility is eligible
for BART controls whether or not Unit 1 is determined to be BART-
eligible, and EPA supports New Jersey's determination. In addition, the
Clean Air Act requires states to adopt reasonable controls as necessary
to make reasonable progress towards improving visibility.
Based on New Jersey's analysis, the controls New Jersey has
required for this facility under an existing Administrative Consent
Order are reasonable and would be enforced on the Cape May facility,
even if it were not eligible for BART emission controls. EPA agrees
with New Jersey's determination of emission control requirements for
this facility.
IV. What are EPA's conclusions?
EPA has evaluated the proposed revision to the SIP submitted by the
State of New Jersey that addresses regional haze for the first planning
period from 2008 through 2018. EPA is approving the revision to the
SIP, which addresses the Regional Haze requirements of the Clean Air
Act. This approval includes but is not limited to the Reasonable
Progress portion of the plan, New Jersey's implementation of Best
Available Retrofit Technologies on eligible sources, and New Jersey's
Subchapter 9, Sulfur in Fuels rule.
V. 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 March 5, 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
[[Page 21]]
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 13, 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)(91) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(91) A revision submitted on July 28, 2009, as supplemented on
December 9, 2010, March 2, 2011 and December 7, 2011, by the New Jersey
Department of Environmental Protection (NJDEP) that addresses the
regional haze requirements of Clean Air Act section 169A. The December
9, 2010 submittal also addresses an element of the PM2.5 SIP
revision.
(i) Incorporation by reference:
(A) Amendments to New Jersey Administrative Code, Title 7, Chapter
27 (NJAC 7:27) Subchapter 9, ``Sulfur In Fuels,'' Section 9.2 Sulfur
content standards, with effective date of September 20, 2010 and
operative date of October 25, 2010.
(B) The following Air Pollution Control Operating Permit,
Significant Modifications and Preconstruction Approvals:
(1) PSEG Fossil LLC Hudson Generating Station dated March 8, 2011,
Permit BOP110001, Program Interest 12202 for units: U1-OS Summary, U1-
OS1, U1-OS2, U2-OS Summary, U15-OS Summary and U16-OS Summary.
(2) Chevron Products Company dated March 4, 2011, Permit BOP100001,
Program Interest 18058 for unit 15, process heaters: OS Summary (E1501
and E1502).
(3) ConocoPhillips (Linden City) dated September 21, 2011, Permit
BOP110001, Program Interest 41805 for unit 3, process heaters: OS
Summary, OS1-E241, OS2-E243, OS3-E245, OS4-E246, OS5-E247, OS6-E248,
OS7-E249, OS8-E250, OS11-E242, OS13-E253, and OS15-E258.
(4) Vineland Municipal Electric Utility--Howard M. Down dated
September 26, 2011, Permit BOP110001, Program Interest 75507 for units:
U10-OS Summary, U10-OS2, U10-OS3, and U22-OS Summary.
(5) BL England Generating Station dated December 16, 2010, Permit
BOP100003, Program Interest 73242 for units: GR2 U2, U1-OS Summary, U1-
OS1, U2-OS Summary, U2-OS1, U3-OS Summary, U3-OS1, U6-OS Summary, U6-
OS1, U7-OS1, U7-OS2, U7-OS4, U7-OS5, U7-OS6, U7-OS7, U7-OS10, U7-OS11,
U7-OS12, U8-OS Summary, and U8-OS1.
(ii) Additional information.
(A) Letter dated December 9, 2010 from Commissioner Bob Martin,
NJDEP, to Regional Administrator Judith A. Enck, EPA Region 2,
submitting the SIP revision containing Subchapter 9.
(B) December 7, 2011, letter from Director William O'Sullivan,
NJDEP, to Acting Director John Filippelli, Division of Environmental
Planning and Protection, EPA Region 2, submitting a supplement to the
2009 Regional Haze SIP which contains the Best Available Retrofit
Technology (BART) determinations and enforceable BART emission limits
for five facilities.
0
3. Section 52.1573 is amended by designating the existing paragraph as
paragraph (a), and adding a new paragraph (b) to read as follows:
Sec. 52.1573 Approval status.
* * * * *
(b) Visibility protection. EPA approves the Regional Haze SIP
revision submitted by the New Jersey Department of Environmental
Protection on July 28, 2009, as supplemented on December 9, 2010, March
2, 2011 and December 7, 2011 as meeting the requirements of Clean Air
Act section 169A and 40 CFR 51.308. In particular, EPA approves the New
Jersey Regional Haze SIP as meeting the requirements of 40 CFR
51.308(e) regarding Best Available Retrofit Technology and 40 CFR
51.308(d)(2) and (d)(4)(v) regarding the calculation of baseline and
natural conditions for the Brigantine Wilderness Area of the Edwin B.
Forsythe National Wildlife Refuge, and the statewide inventory of
emissions of pollutants that are reasonably anticipated to cause or
contribute to visibility impairment in any mandatory Class I Federal
Area.
0
4. In Sec. 52.1605 the table is amended by revising the entry for
``Title 7, Chapter 27: Subchapter 9'' to read as follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27
* * * * * * *
Subchapter 9, ``Sulfur in Fuels``. Sept. 9, 2010............. 1/3/12 [Insert Sulfur dioxide ``bubble''
Federal Register permits issued by the
page citation]. State pursuant to Sec.
9.2 and not waived under
the provisions of Sec.
9.4 become applicable
parts of the SIP only
after receiving EPA
approval as a SIP
revision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
5. Section 52.1606 is revised to read as follows:
Sec. 52.1606 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirement of 40 CFR 51.307, New source review, for protection of
visibility in mandatory Class I Federal areas.
(b) Regulations for new source review. The provisions of Sec.
52.28 are hereby
[[Page 22]]
incorporated and made part of the applicable plan for the State of New
Jersey.
[FR Doc. 2011-33666 Filed 12-30-11; 8:45 am]
BILLING CODE 6560-50-P
