Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations 19 

Register notice for the General Working 

Conditions in Shipyard Employment 

final rule stated that compliance with 

the collection of information 

requirements was not required until 

OMB approved these requirements, and 

that the Department of Labor would 

publish a notice in the Federal Register 

announcing that OMB approved and 

assigned a control number to the 

requirements. See 76 FR 24695. Under 

5 CFR 1320.5(b), an agency may not 

conduct or sponsor a collection of 

information unless: (1) The collection of 

information displays a currently valid 

OMB control number, and (2) the 

agency informs those members of the 

public who must respond to the 

collection of information that they are 

not required to respond to the collection 

of information unless it displays a 

currently valid OMB control number. 

On May 2, 2011, OSHA submitted the 

General Working Conditions in 

Shipyard Employment (29 CFR part 

1915, subpart F) Information Collection 

Request for the final rule to OMB for 

approval in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). On October 31, 

2011, OMB approved the collections of 

information contained in the final rule 

and assigned this collection OMB 

Control Number 1218–0259. 

List of Subjects in 29 CFR Part 1915 

Occupational safety and health, 

reporting, Recordkeeping requirements, 

Hazards in general working condition in 

shipyard employment. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, 

directed the preparation of this notice. 

The authority for this notice is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506 et seq.), and Secretary of 

Labor’s Order No. 4–2010 (75 FR 

55355). 

Signed at Washington, DC, on December 

22, 2011. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to Standard 

For the reasons stated in the preamble 

to the final rule, the Occupational Safety 

and Health Administration amends 29 

CFR part 1915 to read as follows: 

PART 1915—[AMENDED] 

Subpart F—[Amended] 

■ Amend § 1915.8, by adding to the 

table the entries ‘‘1915.83, 1915.87, 

1915.88, and 1915.89’’ in the proper 

numerical sequence as follows: 

§ 1915.8 OMB control numbers under the 

Paperwork Reduction Act. 

* * * * * 

29 CFR citation OMB control 

No. 

1915.83 ................................. 1218–0259 

1915.87 ................................. 1218–0259 

1915.88 ................................. 1218–0259 

1915.89 ................................. 1218–0259 

* * * * * 

[FR Doc. 2011–33260 Filed 12–30–11; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0607; FRL–9611–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

New Jersey; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the revision 

to the New Jersey State Implementation 

Plan, submitted by the State of New 

Jersey. The revision addresses Clean Air 

Act requirements and EPA’s rules for 

states to prevent and remedy future and 

existing anthropogenic impairment of 

visibility in mandatory Class I areas 

through a regional haze program. EPA’s 

approval includes but is not limited to 

New Jersey’s plans to implement 

Reasonable Progress Goals, Best 

Available Retrofit Technologies on 

eligible sources, as well as New Jersey’s 

Subchapter 9, Sulfur in Fuels rule and 

source-specific SIP revisions. 

DATES: Effective Date: This rule is 

effective on February 2, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0607. 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: 

Robert F. Kelly, State Implementation 

Planning Section, Air Programs Branch, 

EPA Region 2, 290 Broadway, New 

York, New York 10007–1866. The 

telephone number is (212) 637–4249. 

Mr. Kelly can also be reached via 

electronic mail at kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. Did NJ adopt BART requirements 

consistent with EPA’s proposal? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What are EPA’s conclusions? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving a revision to New 

Jersey’s State Implementation Plan (SIP) 

submitted on July 28, 2009, that 

addressed progress toward reducing 

regional haze for the first 

implementation period ending in 2018. 

The initial submittal was supplemented 

by a December 9, 2010 submittal 

transmitting New Jersey’s adopted 

regulation Subchapter 9 Sulfur in Fuel, 

lowering the sulfur content in fuel oil, 

a March 2, 2011 submittal which 

included Best Available Retrofit 

Technologies (BART) determinations 

and controls, and a December 7, 2011 

submittal including Air Pollution 

Control Operating Permits for sources 

that require BART reductions, as listed 

in the regulatory section of this action. 

EPA determined that New Jersey’s 

Regional Haze Plan contains the 

emission reductions needed to achieve 

New Jersey’s share of emission 

reductions that were determined to be 

reasonable through the regional 

planning process. Furthermore, New 

Jersey’s Regional Haze Plan ensures that 

emissions from the State will not 

interfere with the Reasonable Progress 

Goals (RPGs) for neighboring States’ 

Class I areas. Thus, EPA is approving 

into the SIP the Regional Haze Plan 

submitted by New Jersey on July 28, 

2009 and supplemented on December 9, 

2010, March 2, 2011, and December 7, 

2011 as satisfying the requirements of 

the Clean Air Act. EPA is taking this 

action pursuant to Section 110 of the 

Act. 


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20 Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations 

1One of the criteria to be classified as BART 

eligible is that the emission unit was in existence 

on August 7, 1977 and begun operation after August 

7, 1962 (see section 169A(b)(2)(A) of the Act and 

40 CFR part 51, appendix Y). 

For additional details on EPA’s 

analysis and findings the reader is 

referred to the proposal published in the 

August 11, 2011 Federal Register (76 FR 

49711) and a more detailed discussion 

as contained in the Technical Support 

Document which is available on line at 

http://www.regulations.gov, Docket 

number EPA–R02–OAR–2011–0607. 

II. Did NJ adopt BART requirements 

consistent with EPA’s proposal? 

On December 7, 2011, New Jersey 

submitted to EPA the adopted 

supplement, of the March 3, 2011 draft 

which EPA parallel processed in the 

August 11, 2011 Federal Register. The 

December 7, 2011 supplement consists 

of an addendum to New Jersey’s BART 

Technical Support Document, final 

permit modifications to satisfy BART, 

public notice affidavits and other 

administrative documents. This 

supplement to the SIP is included in the 

Docket and may be viewed by the reader 

at www.regulations.gov. 

New Jersey did not make any 

substantive changes to the source 

specific operating permits to incorporate 

BART other than those discussed in 

EPA’s August 11, 2011 proposal. Since 

no substantial changes were made from 

the proposal, and the SIP revision has 

been adopted by New Jersey and 

submitted formally to EPA for 

incorporation into the SIP, EPA is 

approving New Jersey’s Regional Haze 

Plan, including BART. 

III. What comments did EPA receive in 

response to its proposal? 

Two comments were received on 

EPA’s August 11, 2011 proposal. The 

first requested that EPA review more 

closely New Jersey’s prescribed burning 

program. New Jersey allows, by permit 

only, prescribed burning in order to 

reduce the likelihood of larger fires that 

would reduce visibility at Class I areas 

in New Jersey and other states. EPA 

acknowledges this comment. 

The second comment was from the 

Pillsbury LLP law firm on behalf of B.L. 

England’s Cape May power plant. 

Pillsbury commented that the plant was 

ready to operate before August 7, 1962 1

and was delayed due to forces outside 

the control of facility. Pillsbury 

submitted extensive comments based on 

its review of the legislative history of 

this portion of the Clean Air Act. 

New Jersey has determined that the 

Cape May facility is eligible for BART 

controls whether or not Unit 1 is 

determined to be BART-eligible, and 

EPA supports New Jersey’s 

determination. In addition, the Clean 

Air Act requires states to adopt 

reasonable controls as necessary to 

make reasonable progress towards 

improving visibility. 

Based on New Jersey’s analysis, the 

controls New Jersey has required for this 

facility under an existing 

Administrative Consent Order are 

reasonable and would be enforced on 

the Cape May facility, even if it were not 

eligible for BART emission controls. 

EPA agrees with New Jersey’s 

determination of emission control 

requirements for this facility. 

IV. What are EPA’s conclusions? 

EPA has evaluated the proposed 

revision to the SIP submitted by the 

State of New Jersey that addresses 

regional haze for the first planning 

period from 2008 through 2018. EPA is 

approving the revision to the SIP, which 

addresses the Regional Haze 

requirements of the Clean Air Act. This 

approval includes but is not limited to 

the Reasonable Progress portion of the 

plan, New Jersey’s implementation of 

Best Available Retrofit Technologies on 

eligible sources, and New Jersey’s 

Subchapter 9, Sulfur in Fuels rule. 

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, 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 March 5, 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 


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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations 21 

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, Volatile 

organic compounds. 

Dated: December 13, 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] 

■ 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 by 

adding new paragraph (c)(91) to read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

(91) A revision submitted on July 28, 

2009, as supplemented on December 9, 

2010, March 2, 2011 and December 7, 

2011, by the New Jersey Department of 

Environmental Protection (NJDEP) that 

addresses the regional haze 

requirements of Clean Air Act section 

169A. The December 9, 2010 submittal 

also addresses an element of the PM2.5

SIP revision. 

(i) Incorporation by reference: 

(A) Amendments to New Jersey 

Administrative Code, Title 7, Chapter 27 

(NJAC 7:27) Subchapter 9, ‘‘Sulfur In 

Fuels,’’ Section 9.2 Sulfur content 

standards, with effective date of 

September 20, 2010 and operative date 

of October 25, 2010. 

(B) The following Air Pollution 

Control Operating Permit, Significant 

Modifications and Preconstruction 

Approvals: 

(1) PSEG Fossil LLC Hudson 

Generating Station dated March 8, 2011, 

Permit BOP110001, Program Interest 

12202 for units: U1–OS Summary, U1– 

OS1, U1–OS2, U2–OS Summary, U15– 

OS Summary and U16–OS Summary. 

(2) Chevron Products Company dated 

March 4, 2011, Permit BOP100001, 

Program Interest 18058 for unit 15, 

process heaters: OS Summary (E1501 

and E1502). 

(3) ConocoPhillips (Linden City) 

dated September 21, 2011, Permit 

BOP110001, Program Interest 41805 for 

unit 3, process heaters: OS Summary, 

OS1–E241, OS2–E243, OS3–E245, OS4– 

E246, OS5–E247, OS6–E248, OS7–E249, 

OS8–E250, OS11–E242, OS13–E253, 

and OS15–E258. 

(4) Vineland Municipal Electric 

Utility—Howard M. Down dated 

September 26, 2011, Permit BOP110001, 

Program Interest 75507 for units: U10– 

OS Summary, U10–OS2, U10–OS3, and 

U22–OS Summary. 

(5) BL England Generating Station 

dated December 16, 2010, Permit 

BOP100003, Program Interest 73242 for 

units: GR2 U2, U1–OS Summary, U1– 

OS1, U2–OS Summary, U2–OS1, U3– 

OS Summary, U3–OS1, U6–OS 

Summary, U6–OS1, U7–OS1, U7–OS2, 

U7–OS4, U7–OS5, U7–OS6, U7–OS7, 

U7–OS10, U7–OS11, U7–OS12, U8–OS 

Summary, and U8–OS1. 

(ii) Additional information. 

(A) Letter dated December 9, 2010 

from Commissioner Bob Martin, NJDEP, 

to Regional Administrator Judith A. 

Enck, EPA Region 2, submitting the SIP 

revision containing Subchapter 9. 

(B) December 7, 2011, letter from 

Director William O’Sullivan, NJDEP, to 

Acting Director John Filippelli, Division 

of Environmental Planning and 

Protection, EPA Region 2, submitting a 

supplement to the 2009 Regional Haze 

SIP which contains the Best Available 

Retrofit Technology (BART) 

determinations and enforceable BART 

emission limits for five facilities. 

■ 3. Section 52.1573 is amended by 

designating the existing paragraph as 

paragraph (a), and adding a new 

paragraph (b) to read as follows: 

§ 52.1573 Approval status. 

* * * * * 

(b) Visibility protection. EPA approves 

the Regional Haze SIP revision 

submitted by the New Jersey 

Department of Environmental Protection 

on July 28, 2009, as supplemented on 

December 9, 2010, March 2, 2011 and 

December 7, 2011 as meeting the 

requirements of Clean Air Act section 

169A and 40 CFR 51.308. In particular, 

EPA approves the New Jersey Regional 

Haze SIP as meeting the requirements of 

40 CFR 51.308(e) regarding Best 

Available Retrofit Technology and 40 

CFR 51.308(d)(2) and (d)(4)(v) regarding 

the calculation of baseline and natural 

conditions for the Brigantine Wilderness 

Area of the Edwin B. Forsythe National 

Wildlife Refuge, and the statewide 

inventory of emissions of pollutants that 

are reasonably anticipated to cause or 

contribute to visibility impairment in 

any mandatory Class I Federal Area. 

■ 4. In § 52.1605 the table is amended 

by revising the entry for ‘‘Title 7, 

Chapter 27: Subchapter 9’’ to read as 

follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective 

date EPA approved date Comments 

*******

Title 7, Chapter 27 

*******

Subchapter 9, ‘‘Sulfur in 

Fuels‘‘.

Sept. 9, 2010 .... 1/3/12 [Insert Federal Register page citation].Sulfur dioxide ‘‘bubble’’ permits issued by the State pursuant 

to § 9.2 and not waived under the provisions of § 9.4 become applicable parts of the SIP only after receiving EPA 

approval as a SIP revision. 

* * * * * * * 

■ 5. Section 52.1606 is revised to read 

as follows: 

§ 52.1606 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

procedures meeting the requirement of 

40 CFR 51.307, New source review, for 

protection of visibility in mandatory 

Class I Federal areas. 

(b) Regulations for new source review. 

The provisions of § 52.28 are hereby 


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22 Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations 

incorporated and made part of the 

applicable plan for the State of New 

Jersey. 

[FR Doc. 2011–33666 Filed 12–30–11; 8:45 am] 

BILLING CODE 6560–50–P 


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