70352 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 

§ 165.T14–1048 West Oahu Offshore 

Security Zone. 

(a) Location. The following area, from 

the surface of the water to the ocean 

floor, is a security zone: All waters 

encompassed by a line extending 1000 

yards north along the coast from 

21°20′16.00′′ N, 158°07′34.77′′ W; to 

21°20′43.98′′ N, 158°07′44.52′′ W; then 

1000 yards west to 21°20′36.10′′ N, 

158°08′15.18′′ W; then 2000 yards south 

to 21°19′38.93′′ N, 158°07′54.33′′ W; 

then east to 21°19′1647.64′′ N, 

158°07′23.79′′ W; then north along the 

shoreline back to the starting point. The 

West Oahu Offshore Zone does not 

include the entrance of Barbers Point 

Harbor Channel or the four lagoons 

adjacent to the Ko’olina Resort. 

(b) Enforcement period. The security 

zone described in paragraph (a) of this 

section will be enforced from 11 p.m. 

HST on November 13, 2011, to 9 a.m. 

HST on November 15, 2011. 

(c) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Honolulu to assist in enforcing the 

security zone described in paragraph (a) 

of this section. 

(d) Regulations. The general security 

zone regulations found in 33 CFR part 

165, subpart D, apply to the security 

zone created by this temporary section. 

(1) All persons are required to comply 

with the general regulations governing 

security zone found in 33 CFR 165.33. 

(2) Entry into or remaining in the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the Coast Guard Captain 

of the Port Honolulu. 

(3) Persons desiring to transit the 

security zone identified in paragraph (a) 

of this section may contact the Captain 

of the Port at Command Center 

telephone number (808) 842–2600 and 

(808) 842–2601, fax (808) 842–2624 or 

on VHF channel 16 (156.8 Mhz) to seek 

permission to transit the zone. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Honolulu or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(e) Enforcement personnel. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the zone by 

Federal, State, and local agencies. 

Dated: November 4, 2011. 

J.M. Nunan, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2011–29456 Filed 11–9–11; 4:15 pm] 

BILLING CODE 9110–04–P 

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. 

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 

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Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 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 nonagency 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] 

■ 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)(90) to read as 

follows: 

§ 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 

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70354 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0978; FRL–9489–9] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Permit Renewals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the applicable State Implementation 

Plan (SIP) for the State of Texas that 

relate to Permit Renewals. The portions 

of the SIP revisions that EPA is 

approving address the following 

requirements related to Permit 

Renewals: Notification of permit holder, 

permit renewal application, and review 

schedule. EPA finds that these changes 

to the Texas SIP comply with the 

Federal Clean Air Act (the Act or CAA) 

and EPA regulations and are consistent 

with EPA policies. EPA is taking this 

action under section 110 of the Act. 

DATES: This rule is effective on 

December 14, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2010–0978. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 am and 4:30 pm 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittals are also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: Texas 

Commission on Environmental Quality 

(TCEQ), Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–6762; email address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY

INFORMATION:THROUGHOUT THIS

DOCUMENT WHEREVER ANY REFERENCE TO

‘‘WE,’’ ‘‘US,’’ OR ‘‘OUR’’ IS USED, WE MEAN

EPA. 

Table of Contents 

I. The State’s Submittals 

A. What is the background of the Texas 

Permit Renewals program? 

B. What changes did the State submit? 

II. What action is EPA taking? 

III. EPA’s Evaluation 

A. Section 30 TAC 116.310—Notification 

of Permit Holder 

1. What is the background of 30 TAC 

116.310? 

2. What did Texas submit for 30 TAC 

116.310? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.310? 

B. Section 30 TAC 116.311—Permit 

Renewal Application 

1. What is the background of 30 TAC 

116.311? 

2. What did Texas submit for 30 TAC 

116.311? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.311? 

C. Section 30 TAC 116.314—Review 

Schedule 

1. What is the background of 30 TAC 

116.314? 

2. What did Texas submit for 30 TAC 

116.314? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.314? 

IV. Response to Comments 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. What is the background of the Texas 

Permit Renewals program? 

In this action, EPA is approving 

revisions to the Texas regulations 

relating to renewal of preconstruction 

permits. The rules for Permit Renewals 

are currently approved in the Texas SIP 

under 30 TAC 116.310, 116.311, 

116.312, 116.313, 116.314, and 116.315. 

EPA approved these rules on March 10, 

2006 (71 FR 12285), and revisions on 

March 20, 2009 (74 FR 11851), and 

March 11, 2010 (75 FR 11464). The 

approved rules require each 

preconstruction permit to be renewed 

every ten years. Permit renewal is 

approved based upon a demonstration 

in the renewal application that the 

permitted facility will operate in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application to construct, any subsequent 

amendments, any previously granted 

renewal, and the compliance history of 

the facility. Although preconstruction 

permits must remain in effect as long as 

the source operates and until voided 

under the approved implementation 

procedures, periodic renewal of 

preconstruction permits is neither 

required nor prohibited under the Act or 

Federal Regulations. 

B. What changes did the State submit? 

On December 15, 1995; July 22, 1998; 

and September 4, 2002; the State of 

Texas submitted revisions to the Texas 

SIP concerning Permit Renewals under 

Title 30 of the Texas Administrative 

Code (30 TAC), Chapter 116—Control of 

Air Pollution by Permits for New 

Construction or Modification, 

Subchapter D—Permit Renewals. The 

December 15, 1995, revisions to these 

provisions were superseded and 

rendered moot by revisions submitted to 

EPA on July 22, 1998, because the latter 

submittal repealed and replaced the 

earlier versions of the same provisions 

addressed in the December 15, 1995, 

submittal. Submitted revisions included 

changes to 30 TAC 116.310— 

Notification of Permit Holder, 30 TAC 

116.311—Permit Renewal Application, 

30 TAC 116.312—Public Notification 

and Comment Procedures, 30 TAC 

116.313—Renewal Application Fees, 30 

TAC 116.314—Review Schedule, and 30 

TAC 116.315—Permit Renewal 

Submittal. In this final action, we are 

addressing submitted revisions to 30 

TAC 116.310, 116.311, and 116.314. 

Section 30 TAC 116.310—Notification 

of Permit Holder—is currently approved 

as adopted by Texas on August 16, 

1993, approved March 10, 2006 (71 FR 

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