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

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 27, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 21, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart T—Louisiana 

■ 2. In § 52.970(c), the table titled ‘‘EPA 

Approved Louisiana Regulations in the 

Louisiana SIP’’ is amended by revising 

the entry for Section 509 to read as 

follows: 

§ 52.970 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP 

State citation Title/subject State approval 

date EPA approval date Comments 

*******

Chapter 5—Permit Procedures 

*******

Section 509 ........... Prevention of Significant 

Deterioration.

03/20/2016 10/28/2016, [Insert Federal Register citation].SIP does not include provisions for 

permitting of GHGs as effective 

on 04/20/2011 at LAC 

33:III.509(B) definition of ‘‘carbon 

dioxide equivalent emissions’’, 

‘‘greenhouse gases’’, ‘‘major stationary source’’, and ‘‘significant’’. 

*******

* * * * * 

[FR Doc. 2016–25992 Filed 10–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 


ehiers on DSK5VPTVN1PROD with RULES
74926 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Suilin Chan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4019. 

SUPPLEMENTARY INFORMATION: 

I. What was included in New Jersey’s 

submittal? 

On May 15, 2015, the New Jersey 

Department of Environmental Protection 

(NJDEP) requested that the EPA approve 

revisions to the New Jersey title V 

Operating Permit Program; the EPA 

proposed to approve those revisions on 

June 24, 2016 (81 FR 41283). The 

revisions consisted of amendments to 

sections 22.1 and 22.31 of New Jersey’s 

Operating Permits Rule, codified at Title 

7 of the New Jersey Administrative 

Code, Chapter 27, Subchapter 22, that 

updated the fees paid for certain 

permitting activities for major facilities, 

including application fees for significant 

modifications and fees to authorize 

general operating permit registration 

and operation of used oil space heaters. 

As discussed further in the June 24, 

2016 proposed rule, the revisions help 

NJ raise additional fees to cover its 

permit program costs, as required by 

CAA title V. These revisions were 

adopted by the State on December 29, 

2014, and became effective on February 

27, 2015. For a detailed discussion on 

the content of the relevant revisions to 

New Jersey’s Operating Permits Rule, 

the reader is referred to the EPA’s June 

24, 2016 proposed rule and the public 

docket. 

II. What comments did the EPA receive 

in response to its proposal? 

In response to the EPA’s June 24, 

2016, proposed rulemaking action, the 

EPA received no comments. 

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 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to part 70 is amended 

by adding paragraph (e) in the entry for 

New Jersey to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permit Programs 

* * * * * 

New Jersey 

* * * * * 

(e) The New Jersey Department of 

Environmental Protection submitted program 

revisions on May 15, 2015; the revisions 

related to fees imposed in connection with 

the permitting of major sources are approved 

effective November 28, 2016. 

* * * * * 

[FR Doc. 2016–26017 Filed 10–27–16; 8:45 am] 

BILLING CODE 6560–50–P 


ehiers on DSK5VPTVN1PROD with RULES