[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70352-70354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2011-0499; FRL-9486-1]


Approval and Promulgation of Implementation Plans; Reasonably 
Available Control Technology for Oxides of Nitrogen for a Specific 
Source in the State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing 
approval of a revision to the State Implementation Plan (SIP) for ozone 
submitted by the State of New Jersey. This SIP revision consists of a 
source-specific reasonably available control technology (RACT) 
determination for controlling oxides of nitrogen from the stationary 
reciprocating, diesel fuel fired, internal combustion engines operated 
by the Naval Weapons Station Earle located in Colts Neck, New Jersey. 
This action approves the source-specific RACT determination that was 
made by New Jersey in accordance with the provisions of its regulation 
to help meet the national ambient air quality standard for ozone. The 
intended effect of this rule is to approve source-specific emissions 
limitations required by the Clean Air Act.

DATES: Effective Date: This rule is effective on December 14, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2011-0499. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. This Docket Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is (212) 637-4249.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3716.

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking today?

    EPA is approving New Jersey's revision to the ozone State 
Implementation Plan (SIP) submitted on May 14, 2009. This SIP revision 
relates to New Jersey's NOX RACT determination for the Naval 
Weapons Station Earle (NWSE) facility located in Colts Neck, New 
Jersey, Monmouth County. The facility contains two stationary 
reciprocating, diesel fuel fired, internal combustion engines one 
existing and one new engine.

II. What comments were received and what is EPA's response?

    EPA received one comment from the public. The commenter expressed 
support for EPA's proposed approval of the New Jersey SIP revision but 
was concerned about the length of time from the date EPA received the 
SIP revision request to the date of EPA's proposal to approve the SIP 
revision. EPA understands the commenter's concerns. However, due to the 
numerous SIP revisions that EPA receives, and the limited resources EPA 
has to act on all SIP revisions, EPA must process SIP revisions based 
on overall program priorities.

III. Conclusion

    EPA has determined that New Jersey's SIP revision for the 
NOX RACT determination for NWSE's engines is consistent with 
New Jersey's NOX RACT regulation and EPA's guidance. EPA has 
determined that New Jersey's SIP revision will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act. Therefore, 
EPA is approving the NOX emission limits identified in New 
Jersey's Conditions of Approval document for NWSE's engines. The 
conditions contained in the Conditions of Approval document currently 
specify emissions limits, work practice standards, testing, monitoring, 
and recordkeeping/reporting requirements. These conditions are 
consistent with the NOX RACT requirements specified in 
Subchapter 19 of Chapter 27, Title 7 of the New Jersey

[[Page 70353]]

Administrative Code and conform to EPA NOX RACT guidance.
    More specifically, EPA approves the current Conditions of Approval 
document which includes the following, to limit the:
    1. NOX emissions rate from each engine to 11.3 g/bhp-hr,
    2. Total NOX emissions rate while combusting 100% 
distillate oil to 4.67 tons per year for both engines combined,
    3. Combined hours of operation for both engines to less than 675 
hours per year,
    4. Operation of each engine to 75% load or less, and
    5. Annual fuel usage to 20,047.50 gallons per year combined for 
both engines.
    In addition, the Conditions of Approval specify the NOX 
emissions limits, combustion process adjustments mentioned above, 
emission testing, monitoring, recordkeeping and reporting requirements, 
which States and sources will need to provide for through the Title V 
permitting process.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 13, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 19, 2011.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(90) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (90) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from Naval Weapons 
Station Earle dated May 14, 2009 and supplementary information dated 
May 21, 2009 submitted by the New Jersey State Department of 
Environmental Protection.
    (i) Incorporation by reference:
    (A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits, 
New Jersey Department of Environmental Protection, addressed to Captain 
G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled 
``Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides 
(NOX) Pursuant to N.J.A.C. 7:27-19.13 and

[[Page 70354]]

Significant Modification of Operating Permit,'' dated and approved May 
21, 2009 including Attachment 1 ``Conditions of Approval Alternative 
Maximum Emission Rate For NOX For Two (2) Detroit Diesel 
Distillate Oil Fuel Fired 2-Stroke Diesel Internal Combustion Engines, 
Naval Weapons Station Earle.''

[FR Doc. 2011-29174 Filed 11-10-11; 8:45 am]
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