Approval of Source-Specific Air Quality Implementation Plans; New Jersey, 9857-9859 [2021-03055]
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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
statistical area adjacent to a
metropolitan statistical area, as those
terms are defined by the U.S. Office of
Management and Budget; or a census
block that is not in an urban area, as
defined by the U.S. Census Bureau
using the latest decennial census of the
United States. An area is considered to
be underserved during a calendar year
if, according to HMDA data for the
preceding calendar year, it is a county
in which no more than two creditors
extended covered transactions secured
by first liens on properties in the county
five or more times.
A. The Bureau determines annually
which counties in the United States are
rural or underserved as defined by
§ 1026.35(b)(2)(iv)(A)(1) or
§ 1026.35(b)(2)(iv)(B) and publishes on
its public website lists of those counties
to assist creditors in determining
whether they meet the criterion at
§ 1026.35(b)(2)(iii)(A). Creditors may
also use an automated tool provided on
the Bureau’s public website to
determine whether specific properties
are located in areas that qualify as
‘‘rural’’ or ‘‘underserved’’ according to
the definitions in § 1026.35(b)(2)(iv) for
a particular calendar year. In addition,
the U.S. Census Bureau may also
provide on its public website an
automated address search tool that
specifically indicates if a property
address is located in an urban area for
purposes of the Census Bureau’s most
recent delineation of urban areas. For
any calendar year that begins after the
date on which the Census Bureau
announced its most recent delineation
of urban areas, a property is located in
an area that qualifies as ‘‘rural’’
according to the definitions in
§ 1026.35(b)(2)(iv) if the search results
provided for the property by any such
automated address search tool available
on the Census Bureau’s public website
do not identify the property as being in
an urban area.
B. For example, if a creditor extended
during 2017 a first-lien covered
transaction that is secured by a property
that is located in an area that meets the
definition of rural or underserved under
§ 1026.35(b)(2)(iv), the creditor meets
this element of the exception for any
transaction consummated during 2018.
C. Alternatively, if the creditor did
not extend in 2017 a transaction that
meets the definition of rural or
underserved test under
§ 1026.35(b)(2)(iv), the creditor satisfies
this criterion for any transaction
consummated during 2018 for which it
received the application before April 1,
2018, if it extended during 2016 a firstlien covered transaction that is secured
by a property that is located in an area
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9857
that meets the definition of rural or
underserved under § 1026.35(b)(2)(iv).
ii. During the preceding calendar year,
or, if the application for the transaction
was received before April 1 of the
current calendar year, during either of
the two preceding calendar years, the
creditor together with its affiliates
extended no more than 2,000 covered
transactions, as defined by
§ 1026.43(b)(1), secured by first liens,
that were sold, assigned, or otherwise
transferred to another person, or that
were subject at the time of
consummation to a commitment to be
acquired by another person, to satisfy
the requirement of
§ 1026.35(b)(2)(iii)(B).
iii. As of the preceding December
31st, or, if the application for the
transaction was received before April 1
of the current calendar year, as of either
of the two preceding December 31sts,
the creditor and its affiliates that
regularly extended covered transactions
secured by first liens, together, had total
assets that do not exceed the applicable
asset threshold established by the
Bureau, to satisfy the requirement of
§ 1026.35(b)(2)(iii)(C). The Bureau
publishes notice of the asset threshold
each year by amending comment
35(b)(2)(iii)–1.iii.
*
*
*
*
*
oxide (NOX) Reasonably Available
Control Technology (RACT) for the
Facility’s electric arc furnace (Sayreville
EAF) to continue to operate under the
current New Jersey Department of
Environmental Protection (NJDEP)
approved VOC and NOX emission limits
for the Sayreville EAF.
DATES: The final rule is effective on
March 19, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2019–0720. All
documents in the docket are listed on
the https://www.regulations.gov website.
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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3565, or by email at
longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
Dated: January 19, 2021.
Grace Feola,
Federal Register Liaison, Bureau of Consumer
Financial Protection.
Table of Contents
[FR Doc. 2021–01572 Filed 2–16–21; 8:45 am]
BILLING CODE 4810–AM–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2019–0720; FRL–10017–
00–Region 2]
Approval of Source-Specific Air
Quality Implementation Plans; New
Jersey
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) approves a revision to the
State of New Jersey’s State
Implementation Plan (SIP) for the ozone
National Ambient Air Quality Standard
(NAAQS) related to a source-specific
SIP for CMC Steel New Jersey, located
at 1 N Crossman, Sayreville, New Jersey
(Facility). The control options in this
source-specific SIP address volatile
organic compounds (VOC) and nitrogen
SUMMARY:
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I. Background
II. The EPA’s Evaluation of New Jersey’s
Submittal
III. What comments were received in
response to the EPA’s proposed action?
IV. Summary of EPA’s Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The EPA approves a revision to the
State of New Jersey’s (the State) SIP for
attainment and maintenance of the
ozone National Ambient Air Quality
Standards (NAAQS). On July 15, 2020
(85 FR 42803), the EPA proposed to
approve the State’s April 30, 2019, SIP
revision, which relates to the
application of the New Jersey
Administrative Code (NJAC) Title 7,
Chapter 27, Subchapter 16, ‘‘Control
and Prohibition of Air Pollution from
Volatile Organic Compounds’’ (NJAC
7:27–16) and the NJAC, Title 7, Chapter
27, Subchapter 19, ‘‘Control and
Prohibition of Air Pollution from Oxides
of Nitrogen’’ (NJAC 7:27–19) to the
Sayreville EAF. Under this SIP revision,
the emission limits for VOC and NOX
for the Sayreville EAF are the lowest
emission limits achievable with the
application of control technology that is
reasonably available given the
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technological and economic feasibility
considerations associated with
operating the Sayreville EAF (i.e., RACT
for the Sayreville EAF). The Facility is
allowed to continue to operate under its
current approved emission limits of 57
pounds per hour (lb/hr) of VOC and 31
lb/hr of NOX for the Sayreville EAF,
because its request to be covered under
alternative control plans for VOC
pursuant to NJAC 7:27 Subchapter 16
and for NOX pursuant to NJAC 7:27
Subchapter 19 met the State’s deadlines
and statutory criteria for approval. A
full summary of EPA’s findings for this
source-specific SIP revision is included
in the technical support document that
is contained in EPA’s docket assigned to
this Federal Register document.
II. The EPA’s Evaluation of New
Jersey’s Submittals
The EPA’s approval is based on the
conclusion that the State’s April 30,
2019 SIP revision to authorizing the
Facility to continue to operate under
existing VOC and NOX emission limits
for the Sayreville EAF operated by CMC
Steel New Jersey conforms with the
State’s regulations under NJAC 7:27–
16.17 and NJAC 7:27–19.13. After
reviewing CMC Steel New Jersey’s
updated facility-specific VOC and NOX
control plans, which were submitted to
NJDEP, that are the subject of this
source-specific SIP revision, the EPA
makes the following determination:
(1) The Facility qualifies to continue
to operate under the current NJDEPapproved emission limits for VOC and
NOX. Under NJAC: 7:27–16.17(c)(3),
facilities that sought to continue
operating with an alternative VOC
control plan that was approved prior to
May 19, 2009, were required to submit
updated proposed VOC control plans to
NJDEP for review by August 17, 2009.
Similarly, under NJAC: 7:27–19.13(a)(3),
facilities that sought to continue to
operate under existing facility-specific
NOX control plans that were approved
prior to May 1, 2005, were required to
submit updated proposed NOX control
plans to NJDEP for review by August 17,
2009. The Facility met both deadlines
with the submission of its VOC and
NOX control plans, respectively.
(2) The Facility’s Operating Permit,
issued pursuant to Title V of the Clean
Air Act (CAA), 42 U.S.C. 7661a,
describes a facility-specific VOC
emission limit of 57 lb/hr and a facilityspecific maximum allowable NOX
emission limit of 31 lb/hr, both of which
are consistent with the updated VOC
and NOX control plans that are the
subject of this SIP revision.
(3) The EPA’s consultation with air
pollution control experts from NJDEP
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and EPA confirms the Facility’s RACT
analysis conclusion that no comparable
electric arc furnace emission control
technologies are deployed at other
facilities nationwide. For a detailed
explanation and evaluation of the SIP
revision, refer to the proposed
rulemaking. See 85 FR 42803, July 15,
2020.
III. What comments were received in
response to the EPA’s proposed action?
The EPA received no public
comments in response to the July 15,
2020 proposed rulemaking. Therefore,
the EPA approves this SIP revision with
no further changes.
IV. Summary of the EPA’s Final Action
The EPA approves the State of New
Jersey’s SIP revision dated April 30,
2019, which includes a source-specific
SIP for CMC Steel New Jersey, located
at 1 N Crossman, Sayreville, New Jersey.
The control options in this sourcespecific SIP address the State of New
Jersey’s RACT requirements included in
NJAC 7:27–16, ‘‘Control and Prohibition
of Air Pollution from Volatile Organic
Compounds’’ and New Jersey NJAC
7:27–19, ‘‘Control and Prohibition of Air
Pollution from Oxides of Nitrogen’’,
both effective January 16, 2018. The
EPA makes the following findings: (1)
The Facility met NJDEP’s statutory
criteria and deadlines to qualify for
continuing to operate under existing
VOC and NOX emission limits; (2) the
Facility meets emission limits set by
NJDEP for VOC emission rate at 57 lb/
hr and for NOX emission rate at 31 lb/
hr; and (3) the Facility implements
RACT controls for VOC and NOX—for
VOC, through execution of the Scrap
Management Plan and operating a direct
evacuation system and for NOX, through
application of good operating practices
that maintain a constant temperature in
the preheater chamber and minimizes
electricity consumption to avoid
indirect NOX emissions. The Facility
has demonstrated that it meets all
applicable requirements of the CAA and
it will not interfere with any applicable
requirements pertaining to attainment of
the NAAQS and reasonable further
progress or with any other applicable
requirement of the CAA.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is incorporating by
reference the provisions described
above in Section IV. Summary of the
EPA’s Final Action. The EPA has made,
and will continue to make, these
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materials generally available through
www.regulations.gov and at the EPA
Region 2 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
VI. 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 final 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) and 13563 (76 FR 3821,
January 21, 2011);
• 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
1 62
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FR 27968 (May 22, 1997).
17FER1
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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
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 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
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 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 April 19, 2021.
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)).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 10, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
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. Section 52.1570 is amended in
paragraph (d) by adding an entry for
CMC Steel New Jersey 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
*
*
CMC Steel New Jersey .............
*
*
BOP 150002; PI 18052; Emission Unit U1 ........
*
May 1, 2019 ..............
*
February 17, 2021 ....
*
*
*
*
*
[FR Doc. 2021–03055 Filed 2–16–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0641; FRL–10017–26]
Clopyralid; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of clopyralid in
or on the caneberry subgroup 13–07A,
the bulb onion subgroup 3–07A, and
intermediate wheatgrass bran, forage,
germ, grain, middling, shorts, and straw.
Interregional Research Project Number 4
(IR–4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
February 17, 2021. Objections and
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SUMMARY:
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15:56 Feb 16, 2021
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requests for hearings must be received
on or before April 19, 2021, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0641, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
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Comments
*
None.
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
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]]>Agencies
[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Rules and Regulations]
[Pages 9857-9859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03055]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2019-0720; FRL-10017-00-Region 2]
Approval of Source-Specific Air Quality Implementation Plans; New
Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) approves a revision
to the State of New Jersey's State Implementation Plan (SIP) for the
ozone National Ambient Air Quality Standard (NAAQS) related to a
source-specific SIP for CMC Steel New Jersey, located at 1 N Crossman,
Sayreville, New Jersey (Facility). The control options in this source-
specific SIP address volatile organic compounds (VOC) and nitrogen
oxide (NOX) Reasonably Available Control Technology (RACT)
for the Facility's electric arc furnace (Sayreville EAF) to continue to
operate under the current New Jersey Department of Environmental
Protection (NJDEP) approved VOC and NOX emission limits for
the Sayreville EAF.
DATES: The final rule is effective on March 19, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2019-0720. All documents in the docket are
listed on the https://www.regulations.gov website. 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 electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3565, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's Evaluation of New Jersey's Submittal
III. What comments were received in response to the EPA's proposed
action?
IV. Summary of EPA's Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The EPA approves a revision to the State of New Jersey's (the
State) SIP for attainment and maintenance of the ozone National Ambient
Air Quality Standards (NAAQS). On July 15, 2020 (85 FR 42803), the EPA
proposed to approve the State's April 30, 2019, SIP revision, which
relates to the application of the New Jersey Administrative Code (NJAC)
Title 7, Chapter 27, Subchapter 16, ``Control and Prohibition of Air
Pollution from Volatile Organic Compounds'' (NJAC 7:27-16) and the
NJAC, Title 7, Chapter 27, Subchapter 19, ``Control and Prohibition of
Air Pollution from Oxides of Nitrogen'' (NJAC 7:27-19) to the
Sayreville EAF. Under this SIP revision, the emission limits for VOC
and NOX for the Sayreville EAF are the lowest emission
limits achievable with the application of control technology that is
reasonably available given the
[[Page 9858]]
technological and economic feasibility considerations associated with
operating the Sayreville EAF (i.e., RACT for the Sayreville EAF). The
Facility is allowed to continue to operate under its current approved
emission limits of 57 pounds per hour (lb/hr) of VOC and 31 lb/hr of
NOX for the Sayreville EAF, because its request to be
covered under alternative control plans for VOC pursuant to NJAC 7:27
Subchapter 16 and for NOX pursuant to NJAC 7:27 Subchapter
19 met the State's deadlines and statutory criteria for approval. A
full summary of EPA's findings for this source-specific SIP revision is
included in the technical support document that is contained in EPA's
docket assigned to this Federal Register document.
II. The EPA's Evaluation of New Jersey's Submittals
The EPA's approval is based on the conclusion that the State's
April 30, 2019 SIP revision to authorizing the Facility to continue to
operate under existing VOC and NOX emission limits for the
Sayreville EAF operated by CMC Steel New Jersey conforms with the
State's regulations under NJAC 7:27-16.17 and NJAC 7:27-19.13. After
reviewing CMC Steel New Jersey's updated facility-specific VOC and
NOX control plans, which were submitted to NJDEP, that are
the subject of this source-specific SIP revision, the EPA makes the
following determination:
(1) The Facility qualifies to continue to operate under the current
NJDEP-approved emission limits for VOC and NOX. Under NJAC:
7:27-16.17(c)(3), facilities that sought to continue operating with an
alternative VOC control plan that was approved prior to May 19, 2009,
were required to submit updated proposed VOC control plans to NJDEP for
review by August 17, 2009. Similarly, under NJAC: 7:27-19.13(a)(3),
facilities that sought to continue to operate under existing facility-
specific NOX control plans that were approved prior to May
1, 2005, were required to submit updated proposed NOX
control plans to NJDEP for review by August 17, 2009. The Facility met
both deadlines with the submission of its VOC and NOX
control plans, respectively.
(2) The Facility's Operating Permit, issued pursuant to Title V of
the Clean Air Act (CAA), 42 U.S.C. 7661a, describes a facility-specific
VOC emission limit of 57 lb/hr and a facility-specific maximum
allowable NOX emission limit of 31 lb/hr, both of which are
consistent with the updated VOC and NOX control plans that
are the subject of this SIP revision.
(3) The EPA's consultation with air pollution control experts from
NJDEP and EPA confirms the Facility's RACT analysis conclusion that no
comparable electric arc furnace emission control technologies are
deployed at other facilities nationwide. For a detailed explanation and
evaluation of the SIP revision, refer to the proposed rulemaking. See
85 FR 42803, July 15, 2020.
III. What comments were received in response to the EPA's proposed
action?
The EPA received no public comments in response to the July 15,
2020 proposed rulemaking. Therefore, the EPA approves this SIP revision
with no further changes.
IV. Summary of the EPA's Final Action
The EPA approves the State of New Jersey's SIP revision dated April
30, 2019, which includes a source-specific SIP for CMC Steel New
Jersey, located at 1 N Crossman, Sayreville, New Jersey. The control
options in this source-specific SIP address the State of New Jersey's
RACT requirements included in NJAC 7:27-16, ``Control and Prohibition
of Air Pollution from Volatile Organic Compounds'' and New Jersey NJAC
7:27-19, ``Control and Prohibition of Air Pollution from Oxides of
Nitrogen'', both effective January 16, 2018. The EPA makes the
following findings: (1) The Facility met NJDEP's statutory criteria and
deadlines to qualify for continuing to operate under existing VOC and
NOX emission limits; (2) the Facility meets emission limits
set by NJDEP for VOC emission rate at 57 lb/hr and for NOX
emission rate at 31 lb/hr; and (3) the Facility implements RACT
controls for VOC and NOX--for VOC, through execution of the
Scrap Management Plan and operating a direct evacuation system and for
NOX, through application of good operating practices that
maintain a constant temperature in the preheater chamber and minimizes
electricity consumption to avoid indirect NOX emissions. The
Facility has demonstrated that it meets all applicable requirements of
the CAA and it will not interfere with any applicable requirements
pertaining to attainment of the NAAQS and reasonable further progress
or with any other applicable requirement of the CAA.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is incorporating by reference the provisions
described above in Section IV. Summary of the EPA's Final Action. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 2 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the
State Implementation Plan, have been incorporated by reference by the
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
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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 final 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) and 13563 (76 FR 3821, January 21, 2011);
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
[[Page 9859]]
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 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a 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 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 April 19, 2021. 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)).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 10, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
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. Section 52.1570 is amended in paragraph (d) by adding an entry for
CMC Steel New Jersey 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CMC Steel New Jersey............ BOP 150002; PI May 1, 2019........ February 17, 2021. None.
18052; Emission
Unit U1.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-03055 Filed 2-16-21; 8:45 am]
BILLING CODE 6560-50-P
