Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey, 37308-37310 [2017-16804]
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37308
Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
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 CAA section 307(b)(1),
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 10, 2017. 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 CAA
section 307(b)(2)).
Dated: July 26, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 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:
■
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Subpart C—Alaska
2. In § 52.70, the table in paragraph (e)
is amended by adding the entry
‘‘110(a)(2) Infrastructure
Requirements—2008 Lead NAAQS’’ at
the end of the table to read as follows:
■
§ 52.70
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
State
submittal
date
*
EPA approval
date
*
Comments
*
*
*
*
Section 110(a)(2) Infrastructure and Interstate Transport
*
110(a)(2) Infrastructure Requirements—2008 Lead
NAAQS.
*
*
Statewide ..........
[FR Doc. 2017–16805 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0766; FRL–9965–79–
Region 2]
mstockstill on DSK30JT082PROD with RULES
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for Specific
Sources in the State of New Jersey
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing approval of
two revisions to the State
SUMMARY:
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16:09 Aug 09, 2017
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7/9/12
*
8/10/17 [insert
Federal
Register citation].
*
*
*
Approves SIP for purposes of CAA sections 110(a)(2)(A),
(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M) for the 2008 Lead NAAQS.
Implementation Plan (SIP) for ozone
submitted by the State of New Jersey.
This SIP revision consists of two sourcespecific reasonably available control
technology (RACT) determinations for
controlling oxides of nitrogen. One is for
the Transcontinental Gas Pipeline Corp.,
LNG Station 240 located in Carlstadt,
New Jersey and the other is for Joint
Base McGuire-Dix-Lakehurst in
Lakehurst, New Jersey. This action
approves the source-specific RACT
determinations that were 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.
This rule is effective on
September 11, 2017.
DATES:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2016–0766. 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 please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella,
gardella.anthony@epa.gov at the United
States Environmental Protection
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
Agency, Air Programs Branch, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking today?
The EPA is approving two sourcespecific State Implementation Plans
(SIP) revisions for ozone submitted by
the State of New Jersey. These SIP
revisions relate to New Jersey’s oxides
of nitrogen (NOX) reasonably available
control technology (RACT)
determinations for the Transcontinental
Gas Pipeline Corp., LNG Station 240
(Transco-240) located in Carlstadt, New
Jersey in Bergen County and for Joint
Base McGuire-Dix-Lakehurst (JB–MDL)
located in Lakehurst, New Jersey in
Ocean County. The determinations are
for the four natural gas-fired water bath
heaters (U7–U10) at the Transco-240
facility and the two natural gas-fired
boilers (Nos. 2 and 3) at the JB–MDL
facility. These SIP revisions were
submitted to the EPA for approval by
the New Jersey Department of
Environmental Protection on July 1,
2014 and July 25, 2016 respectively.
mstockstill on DSK30JT082PROD with RULES
II. What comments were received in
response to EPA’s proposed action?
On May 8, 2017 (82 FR 21343), the
EPA proposed to approve New Jersey’s
two source-specific SIP revisions
addressing NOX RACT requirements for
the Transco-240 and the JB–MDL
facilities. For a detailed discussion on
the content and requirements of the
revisions to New Jersey’s two SIP
revisions, the reader is referred to the
EPA’s proposed rulemaking action. In
response to the EPA’s May 8, 2017
proposed rulemaking action, the EPA
received no public comments.
III. Conclusion
The EPA has determined that New
Jersey’s two SIP revision for the NOX
RACT determinations for the affected
sources at the Transco-240 and the JB–
MDL facilities are consistent with New
Jersey’s NOX RACT regulation and the
EPA’s guidance. The 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 Clean Air Act.
Therefore, the EPA is approving the
NOX emission limits and other
requirements identified in New Jersey’s
Conditions of Approval document and
alternative emission limit compliance
plan for Transco-240 and JB–MDL,
respectively. The NOX RACT
requirements specify emissions limits,
work practice standards, testing,
VerDate Sep<11>2014
16:09 Aug 09, 2017
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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 Administrative Code and
conform to the EPA’s NOX RACT
guidance.
More specifically, the EPA approves
the current Conditions of Approval
document for the four water bath
heaters (U7–U10) at the Transco-240
facility which includes the following
limits:
1. The alternative NOX emission limit
(AEL) from each water bath heater,
while combusting natural gas, shall not
exceed 0.10 pounds per million British
Thermal Units (lb/MMBTU);
2. The total NOX emissions from all
four water bath heaters, while
combusting natural gas, shall not exceed
6.7 tons per year;
3. The hours of operation for the four
natural gas-fired water bath heaters shall
be for a combined total of 1600 hours
per year or less;
4. The four water bath heaters shall
not be operated during the ozone
season; and,
5. The flue gas recirculation control
system shall operate at all times the
heater is operating.
Also, the EPA approves the alternate
emission limit compliance plan for the
two natural gas-fired boilers (Nos 2 and
3) at the JB–MDL facility which
includes the following limits:
1. An alternative NOX emission limit
of 0.10 lb/MMBTU for boiler #2 and
boiler #3 pursuant to N.J.A.C. 7:27–
19.13; and,
2. A decrease in natural gas use from
181.43 to 108.6 million cubic feet
(MMft3) per year for boiler #2 and from
113.04 to 57 MMft3 per year for boiler
#3.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of: ‘‘Conditions of
Approval, Alternative Emission Limit
for NOX For Four (4) Water Bath
Heaters, Transcontinental Gas Pipelines
Corp., LNG Station 240, 718 Paterson
Plank Road, Carlstadt Borough, Program
Interest No. 02626,’’ approved by New
Jersey Department of Environmental
Protection on June 12, 2014 and
‘‘Revision to the NJ State
Implementation Plan for Joint Base
McGuire-Dix-Lakehurst (JB–MDL),
Lakehurst, NJ’’ including Enclosure 2
(‘‘AEL Compliance Plan’’) (dated July
14, 2016) to Attachment I (‘‘Site-specific
PO 00000
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37309
and source specific NOX RACT SIP
Information for Joint Base McGuire-DixLakehurst (JB–MDL) (Lakehurst), for
Boiler Nos 2 and 3’’), permit activity
number of BOP150001, approved by
New Jersey Department of
Environmental Protection on August 26,
2016. The summary of emission limits
and other enforceable requirements for
the two SIP revisions are included in
section III (Conclusion) of this
rulemaking. Therefore, these materials
have been approved by EPA for
inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation. EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and/or at
the EPA Region 2 Office (please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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, the 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
E:\FR\FM\10AUR1.SGM
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37310
Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
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.
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 October 10, 2017.
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 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.
Dated: July 25, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations 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 FF—New Jersey
2. In § 52.1570, the table in paragraph
(d) is amended by adding entries
‘‘Transcontinental Gas Pipelines Corp.,
LNG Station 240’’ and ‘‘Joint Base
McGuire-Dix-Lakehurst (Lakehurst, NJ)’’
to the end of the table to read as follows:
■
§ 52.1570
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS
Name of source
Identifier No.
State effective date
EPA approval date
Comments
*
Transcontinental Gas Pipelines Corp., LNG Station
240.
*
*
02626 ................................
*
June 12, 2014 ...................
Joint Base McGuire-DixLakehurst (Lakehurst,
NJ).
BOP15001 ........................
August 26, 2016 ...............
*
*
August 10, 2017 [insert
Federal Register citation].
August 10, 2017 [insert
Federal Register citation].
...........................................
*
Alternate NOX Emission
Limit and other requirements pursuant to NJAC
7:27–19.13 for four natural gas-fired water bath
heaters ((U7–U10).
Alternate NOX Emission
Limit and other requirements pursuant to NJAC
7:27–19.13 for two natural gas-fired boilers
(Nos 2 and 3).
*
*
*
*
*
[FR Doc. 2017–16804 Filed 8–9–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
mstockstill on DSK30JT082PROD with RULES
40 CFR Part 52
[EPA–R04–OAR–2014–0507; FRL–9965–83Region 4]
Air Plan Approval; Florida:
Infrastructure Requirements for the
2010 NO2 NAAQS
AGENCY:
Environmental Protection
Agency.
16:09 Aug 09, 2017
Direct final rule.
The Environmental Protection
Agency (EPA) is approving a portion of
the State Implementation Plan (SIP)
submission, submitted by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP), on
January 22, 2013, addressing a portion
of the Clean Air Act (CAA or Act)
infrastructure requirements for the 2010
1-hour nitrogen dioxide (NO2) national
ambient air quality standard (NAAQS).
The CAA requires that each state adopt
SUMMARY:
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37308-37310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16804]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0766; FRL-9965-79-Region 2]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for Specific
Sources in the State of New Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is announcing
approval of two revisions to the State Implementation Plan (SIP) for
ozone submitted by the State of New Jersey. This SIP revision consists
of two source-specific reasonably available control technology (RACT)
determinations for controlling oxides of nitrogen. One is for the
Transcontinental Gas Pipeline Corp., LNG Station 240 located in
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action approves the source-
specific RACT determinations that were 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: This rule is effective on September 11, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2016-0766. 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 please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella,
gardella.anthony@epa.gov at the United States Environmental Protection
[[Page 37309]]
Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking today?
The EPA is approving two source-specific State Implementation Plans
(SIP) revisions for ozone submitted by the State of New Jersey. These
SIP revisions relate to New Jersey's oxides of nitrogen
(NOX) reasonably available control technology (RACT)
determinations for the Transcontinental Gas Pipeline Corp., LNG Station
240 (Transco-240) located in Carlstadt, New Jersey in Bergen County and
for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in Lakehurst, New
Jersey in Ocean County. The determinations are for the four natural
gas-fired water bath heaters (U7-U10) at the Transco-240 facility and
the two natural gas-fired boilers (Nos. 2 and 3) at the JB-MDL
facility. These SIP revisions were submitted to the EPA for approval by
the New Jersey Department of Environmental Protection on July 1, 2014
and July 25, 2016 respectively.
II. What comments were received in response to EPA's proposed action?
On May 8, 2017 (82 FR 21343), the EPA proposed to approve New
Jersey's two source-specific SIP revisions addressing NOX
RACT requirements for the Transco-240 and the JB-MDL facilities. For a
detailed discussion on the content and requirements of the revisions to
New Jersey's two SIP revisions, the reader is referred to the EPA's
proposed rulemaking action. In response to the EPA's May 8, 2017
proposed rulemaking action, the EPA received no public comments.
III. Conclusion
The EPA has determined that New Jersey's two SIP revision for the
NOX RACT determinations for the affected sources at the
Transco-240 and the JB-MDL facilities are consistent with New Jersey's
NOX RACT regulation and the EPA's guidance. The 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 Clean Air Act.
Therefore, the EPA is approving the NOX emission limits and
other requirements identified in New Jersey's Conditions of Approval
document and alternative emission limit compliance plan for Transco-240
and JB-MDL, respectively. The NOX RACT requirements 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 Administrative Code and conform
to the EPA's NOX RACT guidance.
More specifically, the EPA approves the current Conditions of
Approval document for the four water bath heaters (U7-U10) at the
Transco-240 facility which includes the following limits:
1. The alternative NOX emission limit (AEL) from each
water bath heater, while combusting natural gas, shall not exceed 0.10
pounds per million British Thermal Units (lb/MMBTU);
2. The total NOX emissions from all four water bath
heaters, while combusting natural gas, shall not exceed 6.7 tons per
year;
3. The hours of operation for the four natural gas-fired water bath
heaters shall be for a combined total of 1600 hours per year or less;
4. The four water bath heaters shall not be operated during the
ozone season; and,
5. The flue gas recirculation control system shall operate at all
times the heater is operating.
Also, the EPA approves the alternate emission limit compliance plan
for the two natural gas-fired boilers (Nos 2 and 3) at the JB-MDL
facility which includes the following limits:
1. An alternative NOX emission limit of 0.10 lb/MMBTU
for boiler #2 and boiler #3 pursuant to N.J.A.C. 7:27-19.13; and,
2. A decrease in natural gas use from 181.43 to 108.6 million cubic
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per
year for boiler #3.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of: ``Conditions
of Approval, Alternative Emission Limit for NOX For Four (4)
Water Bath Heaters, Transcontinental Gas Pipelines Corp., LNG Station
240, 718 Paterson Plank Road, Carlstadt Borough, Program Interest No.
02626,'' approved by New Jersey Department of Environmental Protection
on June 12, 2014 and ``Revision to the NJ State Implementation Plan for
Joint Base McGuire-Dix-Lakehurst (JB-MDL), Lakehurst, NJ'' including
Enclosure 2 (``AEL Compliance Plan'') (dated July 14, 2016) to
Attachment I (``Site-specific and source specific NOX RACT
SIP Information for Joint Base McGuire-Dix-Lakehurst (JB-MDL)
(Lakehurst), for Boiler Nos 2 and 3''), permit activity number of
BOP150001, approved by New Jersey Department of Environmental
Protection on August 26, 2016. The summary of emission limits and other
enforceable requirements for the two SIP revisions are included in
section III (Conclusion) of this rulemaking. Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation. EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 2 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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, the 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
[[Page 37310]]
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.
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 October 10, 2017. 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.
Dated: July 25, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.1570, the table in paragraph (d) is amended by adding
entries ``Transcontinental Gas Pipelines Corp., LNG Station 240'' and
``Joint Base McGuire-Dix-Lakehurst (Lakehurst, NJ)'' to the end of the
table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(d) * * *
EPA-Approved New Jersey Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Identifier No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transcontinental Gas Pipelines 02626............. June 12, 2014..... August 10, 2017 Alternate NOX
Corp., LNG Station 240. [insert Federal Emission Limit
Register and other
citation]. requirements
August 10, 2017 pursuant to NJAC
[insert Federal 7:27-19.13 for
Register four natural gas-
citation]. fired water bath
heaters ((U7-
U10).
Joint Base McGuire-Dix-Lakehurst BOP15001.......... August 26, 2016... .................. Alternate NOX
(Lakehurst, NJ). Emission Limit
and other
requirements
pursuant to NJAC
7:27-19.13 for
two natural gas-
fired boilers
(Nos 2 and 3).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-16804 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P
