81 FR 74925 - Clean Air Act Title V Operating Permit Program Revision; New Jersey

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range		74925-74926
FR Document		2016-26017

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.

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)

[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74925-74926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26017]


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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

Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations 74925

tribe has jurisdiction. In those areas of Federal Register. This action is not a Dated: October 21, 2016.
Indian country, the rule does not have ‘‘major rule’’ as defined by 5 U.S.C. Ron Curry,
tribal implications and will not impose 804(2). Regional Administrator, Region 6.
substantial direct costs on tribal Under section 307(b)(1) of the CAA,
governments or preempt tribal law as petitions for judicial review of this 40 CFR part 52 is amended as follows:
specified by Executive Order 13175 (65 action must be filed in the United States
FR 67249, November 9, 2000). Court of Appeals for the appropriate PART 52—APPROVAL AND
circuit by December 27, 2016. Filing a PROMULGATION OF
The Congressional Review Act, 5 petition for reconsideration by the IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small Administrator of this final rule does not
Business Regulatory Enforcement affect the finality of this rule for the
Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52
purposes of judicial review nor does it continues to read as follows:
that before a rule may take effect, the extend the time within which a petition
agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq.
for judicial review may be filed, and
submit a rule report, which includes a shall not postpone the effectiveness of
copy of the rule, to each House of the Subpart T—Louisiana
such rule or action. This action may not
Congress and to the Comptroller General be challenged later in proceedings to
of the United States. The EPA will enforce its requirements. (See section ■ 2. In § 52.970(c), the table titled ‘‘EPA
submit a report containing this rule and 307(b)(2).) Approved Louisiana Regulations in the
other required information to the U.S. Louisiana SIP’’ is amended by revising
Senate, the U.S. House of List of Subjects in 40 CFR Part 52 the entry for Section 509 to read as
Representatives, and the Comptroller Environmental protection, Air follows:
General of the United States prior to pollution control, Incorporation by § 52.970 Identification of plan.
publication of the rule in the Federal reference, Nitrogen dioxide, Particulate
Register. A major rule cannot take effect matter, Reporting and recordkeeping * * * * *
until 60 days after it is published in the requirements, Sulfur oxides. (c) * * *
EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State approval
State citation Title/subject EPA approval date Comments
date

* * * * * * *

Chapter 5—Permit Procedures

* * * * * * *
Section 509 ........... Prevention of Significant 03/20/2016 10/28/2016, [Insert Federal Reg- SIP does not include provisions for
Deterioration. ister citation]. permitting of GHGs as effective
on 04/20/2011 at LAC
33:III.509(B) definition of ‘‘carbon
dioxide equivalent emissions’’,
‘‘greenhouse gases’’, ‘‘major sta-
tionary source’’, and ‘‘significant’’.

* * * * * * *

* * * * * New Jersey Operating Permit Program ADDRESSES: The EPA has established a
[FR Doc. 2016–25992 Filed 10–27–16; 8:45 am] related to the permitting of stationary docket for this action under Docket ID
BILLING CODE 6560–50–P sources subject to title V of the Clean No. EPA–R02–OAR–2015–0837. All
Air Act (CAA) in the state of New documents in the docket are listed on
Jersey. The revision consists of the www.regulations.gov Web site.
ENVIRONMENTAL PROTECTION amendments to Subchapter 22 of Although listed in the index, some
AGENCY Chapter 27 of Title 7 of the New Jersey information is not publicly available,
40 CFR Part 70 Administrative Code, ‘‘Operating e.g., CBI or other information whose
Permits.’’ The revision was submitted to disclosure is restricted by statute.
[EPA–R02–OAR–2015–0837; FRL–9954–61– change the fee schedule for certain Certain other material, such as
Region 2] permitting activities for major facilities. copyrighted material, is not placed on
The changes provide additional needed the Internet and will be publicly
Clean Air Act Title V Operating Permit fee revenues for New Jersey’s Operating available only in hard copy form.
Program Revision; New Jersey Permit Program. This approval action Publicly available docket materials are
ehiers on DSK5VPTVN1PROD with RULES

AGENCY: Environmental Protection will help ensure New Jersey properly available through www.regulations.gov,
Agency (EPA). implements the requirements of title V or contact the person identified in the
ACTION: Final rule. of the CAA. FOR FURTHER INFORMATION CONTACT
section for additional availability
This rule will be effective
DATES:
SUMMARY: The Environmental Protection information.
November 28, 2016.
Agency is approving a revision to the

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74926 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: of Management and Budget under ‘‘major rule’’ as defined by 5 U.S.C.
Suilin Chan, Air Programs Branch, Executive Order 12866 (58 FR 51735, 804(2).
Environmental Protection Agency, 290 October 4, 1993); Under section 307(b)(1) of the CAA,
Broadway, 25th Floor, New York, New • Does not impose an information
petitions for judicial review of this
York 10007–1866, (212) 637–4019. collection burden under the provisions
action must be filed in the United States
SUPPLEMENTARY INFORMATION: of the Paperwork Reduction Act of 1995
Court of Appeals for the appropriate
(44 U.S.C. 3501 et seq.);
I. What was included in New Jersey’s • Is certified as not having a circuit by December 27, 2016. Filing a
submittal? significant economic impact on a petition for reconsideration by the
On May 15, 2015, the New Jersey substantial number of small entities Administrator of this final rule does not
Department of Environmental Protection under the Regulatory Flexibility Act (5 affect the finality of this action for the
(NJDEP) requested that the EPA approve U.S.C. 601 et seq.); purposes of judicial review nor does it
revisions to the New Jersey title V • Does not contain any unfunded extend the time within which a petition
Operating Permit Program; the EPA mandate or significantly or uniquely for judicial review may be filed, and
proposed to approve those revisions on affect small governments, as described shall not postpone the effectiveness of
June 24, 2016 (81 FR 41283). The in the Unfunded Mandates Reform Act such rule or action. This action which
revisions consisted of amendments to of 1995 (Pub. L. 104–4); approves the May 15, 2015 program
sections 22.1 and 22.31 of New Jersey’s • Does not have Federalism revision submittal by the State of New
Operating Permits Rule, codified at Title implications as specified in Executive Jersey as a revision to the New Jersey
7 of the New Jersey Administrative Order 13132 (64 FR 43255, August 10, Operating Permits Program may not be
Code, Chapter 27, Subchapter 22, that 1999); challenged later in proceedings to
updated the fees paid for certain • Is not an economically significant enforce its requirements. See CAA
permitting activities for major facilities, regulatory action based on health or section 307(b)(2).
including application fees for significant safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); List of Subjects in 40 CFR Part 70
modifications and fees to authorize
general operating permit registration • Is not a significant regulatory action
subject to Executive Order 13211 (66 FR Environmental protection,
and operation of used oil space heaters. Administrative practice and procedure,
As discussed further in the June 24, 28355, May 22, 2001);
• Is not subject to requirements of Air pollution control, Incorporation by
2016 proposed rule, the revisions help reference, Intergovernmental relations,
NJ raise additional fees to cover its Section 12(d) of the National
Technology Transfer and Advancement Operating permits, Reporting and
permit program costs, as required by recordkeeping requirements.
CAA title V. These revisions were Act of 1995 (15 U.S.C. 272 note) because
adopted by the State on December 29, application of those requirements would Authority: 42 U.S.C. 7401 et seq.
2014, and became effective on February be inconsistent with the CAA; and
• Does not provide the EPA with the Dated: October 18, 2016.
27, 2015. For a detailed discussion on Judith A. Enck,
discretionary authority to address, as
the content of the relevant revisions to
appropriate, disproportionate human Regional Administrator, Region 2.
New Jersey’s Operating Permits Rule,
health or environmental effects, using
the reader is referred to the EPA’s June Part 70, chapter I, title 40 of the Code
practicable and legally permissible
24, 2016 proposed rule and the public of Federal Regulations is amended as
methods, under Executive Order 12898
docket. follows:
(59 FR 7629, February 16, 1994).
II. What comments did the EPA receive In addition, this rule does not have
in response to its proposal? tribal implications as specified by PART 70—STATE OPERATING PERMIT
Executive Order 13175 (65 FR 67249, PROGRAMS
In response to the EPA’s June 24,
2016, proposed rulemaking action, the November 9, 2000), because the program
is not approved to apply in Indian ■ 1. The authority citation for part 70
EPA received no comments.
country located in the state, and the continues to read as follows:
III. What is the EPA’s conclusion? EPA notes that it will not impose Authority: 42 U.S.C. 7401, et seq.
The EPA has evaluated New Jersey’s substantial direct costs on tribal
submittal for consistency with the Act, governments or preempt tribal law. ■ 2. Appendix A to part 70 is amended
EPA regulations, and EPA policy. The The Congressional Review Act, 5 by adding paragraph (e) in the entry for
EPA has determined that the revisions U.S.C. 801 et seq., as added by the Small New Jersey to read as follows:
to Subchapter 22, New Jersey’s Business Regulatory Enforcement
Appendix A to Part 70—Approval
Operating Permits Rule meet the Fairness Act of 1996, generally provides
Status of State and Local Operating
requirements of title V of the CAA and that before a rule may take effect, the
Permit Programs
its implementing regulations codified at agency promulgating the rule must
title 40 of the Code of Federal submit a rule report, which includes a * * * * *
Regulations, part 70. Therefore, the EPA copy of the rule, to each House of the
New Jersey
is approving the subject revisions. Congress and to the Comptroller General
of the United States. The EPA will * * * * *
IV. Statutory and Executive Order submit a report containing this action (e) The New Jersey Department of
Reviews and other required information to the Environmental Protection submitted program
This action merely approves state law U.S. Senate, the U.S. House of revisions on May 15, 2015; the revisions
ehiers on DSK5VPTVN1PROD with RULES

as meeting federal requirements and Representatives, and the Comptroller related to fees imposed in connection with
General of the United States prior to the permitting of major sources are approved
imposes no additional requirements
publication of the rule in the Federal effective November 28, 2016.
beyond those imposed by state law. For
that reason, this action: Register. A major rule cannot take effect * * * * *
• Is not a ‘‘significant regulatory until 60 days after it is published in the [FR Doc. 2016–26017 Filed 10–27–16; 8:45 am]
action’’ subject to review by the Office Federal Register. This action is not a BILLING CODE 6560–50–P

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Document Created: 2018-02-13 16:39:57
Document Modified: 2018-02-13 16:39:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective November 28, 2016.
Contact		Suilin Chan, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4019.
FR Citation		81 FR 74925
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Operating Permits and Reporting and Recordkeeping Requirements