Clean Air Act Title V Operating Permit Program Revision; New Jersey, 74925-74926 [2016-26017]
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 27, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: October 21, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. In § 52.970(c), the table titled ‘‘EPA
Approved Louisiana Regulations in the
Louisiana SIP’’ is amended by revising
the entry for Section 509 to read as
follows:
■
§ 52.970
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State citation
State approval
date
Title/subject
*
*
EPA approval date
*
*
Comments
*
*
*
Chapter 5—Permit Procedures
*
Section 509 ...........
*
Prevention of Significant
Deterioration.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[EPA–R02–OAR–2015–0837; FRL–9954–61–
Region 2]
ehiers on DSK5VPTVN1PROD with RULES
Clean Air Act Title V Operating Permit
Program Revision; New Jersey
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency is approving a revision to the
SUMMARY:
17:29 Oct 27, 2016
03/20/2016
*
*
10/28/2016, [Insert Federal Register citation].
*
[FR Doc. 2016–25992 Filed 10–27–16; 8:45 am]
VerDate Sep<11>2014
*
Jkt 241001
*
*
New Jersey Operating Permit Program
related to the permitting of stationary
sources subject to title V of the Clean
Air Act (CAA) in the state of New
Jersey. The revision consists of
amendments to Subchapter 22 of
Chapter 27 of Title 7 of the New Jersey
Administrative Code, ‘‘Operating
Permits.’’ The revision was submitted to
change the fee schedule for certain
permitting activities for major facilities.
The changes provide additional needed
fee revenues for New Jersey’s Operating
Permit Program. This approval action
will help ensure New Jersey properly
implements the requirements of title V
of the CAA.
This rule will be effective
November 28, 2016.
DATES:
PO 00000
Frm 00009
Fmt 4700
*
*
SIP does not include provisions for
permitting of GHGs as effective
on
04/20/2011
at
LAC
33:III.509(B) definition of ‘‘carbon
dioxide equivalent emissions’’,
‘‘greenhouse gases’’, ‘‘major stationary source’’, and ‘‘significant’’.
Sfmt 4700
*
*
The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2015–0837. 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 through www.regulations.gov,
or contact the person identified in the
ADDRESSES:
FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
E:\FR\FM\28OCR1.SGM
28OCR1
74926
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Suilin Chan, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4019.
SUPPLEMENTARY INFORMATION:
I. What was included in New Jersey’s
submittal?
On May 15, 2015, the New Jersey
Department of Environmental Protection
(NJDEP) requested that the EPA approve
revisions to the New Jersey title V
Operating Permit Program; the EPA
proposed to approve those revisions on
June 24, 2016 (81 FR 41283). The
revisions consisted of amendments to
sections 22.1 and 22.31 of New Jersey’s
Operating Permits Rule, codified at Title
7 of the New Jersey Administrative
Code, Chapter 27, Subchapter 22, that
updated the fees paid for certain
permitting activities for major facilities,
including application fees for significant
modifications and fees to authorize
general operating permit registration
and operation of used oil space heaters.
As discussed further in the June 24,
2016 proposed rule, the revisions help
NJ raise additional fees to cover its
permit program costs, as required by
CAA title V. These revisions were
adopted by the State on December 29,
2014, and became effective on February
27, 2015. For a detailed discussion on
the content of the relevant revisions to
New Jersey’s Operating Permits Rule,
the reader is referred to the EPA’s June
24, 2016 proposed rule and the public
docket.
II. What comments did the EPA receive
in response to its proposal?
In response to the EPA’s June 24,
2016, proposed rulemaking action, the
EPA received no comments.
ehiers on DSK5VPTVN1PROD with RULES
III. What is the EPA’s conclusion?
The EPA has evaluated New Jersey’s
submittal for consistency with the Act,
EPA regulations, and EPA policy. The
EPA has determined that the revisions
to Subchapter 22, New Jersey’s
Operating Permits Rule meet the
requirements of title V of the CAA and
its implementing regulations codified at
title 40 of the Code of Federal
Regulations, part 70. Therefore, the EPA
is approving the subject revisions.
IV. Statutory and Executive Order
Reviews
This action merely approves state law
as meeting federal requirements and
imposes no 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
VerDate Sep<11>2014
15:21 Oct 27, 2016
Jkt 241001
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 of 1995
(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 CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the program
is not approved to apply in Indian
country located in the state, and the
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
PO 00000
Frm 00010
Fmt 4700
Sfmt 9990
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 27, 2016. 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 which
approves the May 15, 2015 program
revision submittal by the State of New
Jersey as a revision to the New Jersey
Operating Permits Program may not be
challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Operating permits, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 18, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
Part 70, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 70—STATE OPERATING PERMIT
PROGRAMS
1. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended
by adding paragraph (e) in the entry for
New Jersey to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permit Programs
*
*
*
*
*
*
*
*
New Jersey
*
*
(e) The New Jersey Department of
Environmental Protection submitted program
revisions on May 15, 2015; the revisions
related to fees imposed in connection with
the permitting of major sources are approved
effective November 28, 2016.
*
*
*
*
*
[FR Doc. 2016–26017 Filed 10–27–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\28OCR1.SGM
28OCR1
]]>Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74925-74926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26017]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R02-OAR-2015-0837; FRL-9954-61-Region 2]
Clean Air Act Title V Operating Permit Program Revision; New
Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a revision to
the New Jersey Operating Permit Program related to the permitting of
stationary sources subject to title V of the Clean Air Act (CAA) in the
state of New Jersey. The revision consists of amendments to Subchapter
22 of Chapter 27 of Title 7 of the New Jersey Administrative Code,
``Operating Permits.'' The revision was submitted to change the fee
schedule for certain permitting activities for major facilities. The
changes provide additional needed fee revenues for New Jersey's
Operating Permit Program. This approval action will help ensure New
Jersey properly implements the requirements of title V of the CAA.
DATES: This rule will be effective November 28, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2015-0837. 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 through www.regulations.gov,
or contact the person identified in the For Further Information Contact
section for additional availability information.
[[Page 74926]]
FOR FURTHER INFORMATION CONTACT: Suilin Chan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4019.
SUPPLEMENTARY INFORMATION:
I. What was included in New Jersey's submittal?
On May 15, 2015, the New Jersey Department of Environmental
Protection (NJDEP) requested that the EPA approve revisions to the New
Jersey title V Operating Permit Program; the EPA proposed to approve
those revisions on June 24, 2016 (81 FR 41283). The revisions consisted
of amendments to sections 22.1 and 22.31 of New Jersey's Operating
Permits Rule, codified at Title 7 of the New Jersey Administrative
Code, Chapter 27, Subchapter 22, that updated the fees paid for certain
permitting activities for major facilities, including application fees
for significant modifications and fees to authorize general operating
permit registration and operation of used oil space heaters. As
discussed further in the June 24, 2016 proposed rule, the revisions
help NJ raise additional fees to cover its permit program costs, as
required by CAA title V. These revisions were adopted by the State on
December 29, 2014, and became effective on February 27, 2015. For a
detailed discussion on the content of the relevant revisions to New
Jersey's Operating Permits Rule, the reader is referred to the EPA's
June 24, 2016 proposed rule and the public docket.
II. What comments did the EPA receive in response to its proposal?
In response to the EPA's June 24, 2016, proposed rulemaking action,
the EPA received no comments.
III. What is the EPA's conclusion?
The EPA has evaluated New Jersey's submittal for consistency with
the Act, EPA regulations, and EPA policy. The EPA has determined that
the revisions to Subchapter 22, New Jersey's Operating Permits Rule
meet the requirements of title V of the CAA and its implementing
regulations codified at title 40 of the Code of Federal Regulations,
part 70. Therefore, the EPA is approving the subject revisions.
IV. Statutory and Executive Order Reviews
This action merely approves state law as meeting federal
requirements and imposes no 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 of 1995 (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 CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
program is not approved to apply in Indian country located in the
state, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 2016. 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 which approves the May 15, 2015 program revision
submittal by the State of New Jersey as a revision to the New Jersey
Operating Permits Program may not be challenged later in proceedings to
enforce its requirements. See CAA section 307(b)(2).
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 18, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
Part 70, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Appendix A to part 70 is amended by adding paragraph (e) in the
entry for New Jersey to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
New Jersey
* * * * *
(e) The New Jersey Department of Environmental Protection
submitted program revisions on May 15, 2015; the revisions related
to fees imposed in connection with the permitting of major sources
are approved effective November 28, 2016.
* * * * *
[FR Doc. 2016-26017 Filed 10-27-16; 8:45 am]
BILLING CODE 6560-50-P
