[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23777-23779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10853]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[NJ002; FRL-6333-8]
Approval of State Operating Permit, Rule Revision; New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final approval.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on revisions to the New Jersey operating permit rule
(N.J.A.C. 7:27-22.4 and 22.5) as submitted by the State of New Jersey
to fulfill the requirements of Title V of the Clean Air Act. The
revisions extend the deadlines for the last two waves of permit
applications until February 4, 1999 and May 4, 1999, if these
applications are submitted in electronic format.
DATES: This rule is effective on July 6, 1999 without further notice,
unless EPA receives adverse comment by June 3, 1999. If EPA receives
such comment, EPA will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Written comments on this action should be addressed to:
Raymond Werner, Acting Chief, Air Programs Branch, Environmental
Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York,
New York 10007-1866.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Air Quality
Permitting Program, Bureau of Operating Permits, 401 E. State Street,
Trenton, New Jersey 08625-0027.
FOR FURTHER INFORMATION CONTACT: Suilin Chan, Air Programs Branch, U.S.
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, NY 10007-1866, (212) 637-4019.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to title V of the Clean Air Act (``the Act'') and its
implementing regulations codified at 40 CFR part 70, EPA granted source
category-limited interim approval to the New Jersey operating permit
program. See, 61 FR 24715 (May 16, 1996). New Jersey's category-limited
interim program became effective on June 17, 1996 and was scheduled to
expire on June 17, 1998, two years after the approval. However, EPA has
recently granted extensions to all interim programs, including that of
NJ's, to June 1, 2000.
The Act states that:
``any person required to have a permit shall, not later than 12
months after the date on which the source becomes subject to a
permit program approved or promulgated under this title, or such
earlier date as the permitting authority may establish, submit to
the permitting authority a compliance plan and an application for a
permit signed by a responsible official, who shall certify the
accuracy of the information submitted.'' See, 40 CFR section 70.5.
New Jersey's operating permit rule contains application submittal
deadlines established for different source categories. Under the rule,
applications are submitted to the New Jersey Department of
Environmental Protection (``NJDEP'') at different times in seven waves
as determined by the
[[Page 23778]]
source's Standard Industrial Classification (SIC) Code. The first five
waves of sources are subject to the interim program and the last two
waves will be subject to the full program. Consistent with the Act and
40 CFR part 70, all sources subject to the interim program must submit
their applications by June 17, 1997 (12 months after the program's
effective date) and those subject to the full program must submit by
June 17, 1999 (12 months after the anticipated full program approval
date). Despite two extensions granted to New Jersey for the interim
program, extending the effectiveness of the interim program to June 1,
2000, the application submittal deadline for the remaining two waves of
applications has not changed. See, 63 FR 40053 (July 27, 1998). It
remains June 17, 1999. It should be noted that New Jersey's original
application submittal schedule had required all applications to be
submitted by May 18, 1998, 13 months before the deadline prescribed by
the Act.
State Submittal
To encourage electronic submittal of permit applications, the State
of New Jersey amended its operating permit rule (N.J.A.C. 7:27-22) to
extend the application submittal due dates for sources required to
submit their applications during the last two waves of submittals from
November 15, 1997 to February 4, 1999 and from May 15, 1998 to May 4,
1999, respectively if the applications were submitted in electronic
format. Amendments to N.J.A.C. 7:27-22.4 and 22.5 were proposed on June
2, 1997 and January 20, 1998 and subsequently adopted on October 20,
1997 and May 4, 1998, respectively. On June 11, 1998, New Jersey
submitted a copy of the adopted rules and requested that EPA update New
Jersey's operating permit program to reflect the newly adopted
amendments. The New Jersey submittal included such information as
responses to comments and copies of the adoption notices showing that
the rule adoptions were procedurally correct as required by 40 CFR
Sec. 70.4(b)(2).
Review of State Submittal
The extension sought by the NJDEP affects only the last two waves
of applications. According to New Jersey's operating permit rule, the
original application submittal (paper or electronic) due dates for the
last two waves were November 15, 1997 and May 15, 1998, respectively.
These deadlines still hold for paper submission. However, for those
sources submitting electronically, the amendment allows additional
time. The last two waves may submit electronic applications by February
4, 1999 and May 4, 1999, respectively. Based on New Jersey's interim
program effective date of June 17, 1996, all applications subjected to
the interim program and full program must be submitted by June 17,
1999. Since the amended electronic application submittal deadlines
still fall within the June 17, 1999 due date as required under section
503(c) of the Act and part 70.5(a), EPA finds New Jersey's rule/program
revision approvable.
Conclusion
EPA has evaluated New Jersey's amended operating permit rule and
the request to incorporate the changes into the approved interim
program. EPA has concluded that the amended operating permit rule as
submitted by New Jersey bears no adverse effect on the implementation
or enforcement of the source category-limited interim program which was
originally approved. The New Jersey operating permit program, with the
current amendment, continues to be in compliance with the requirements
of the Act and the part 70 regulations as codified at 40 CFR part 70;
therefore, EPA is approving the amended New Jersey Operating Permit
Rule. Under this approval, New Jersey may extend the permit application
submittal due dates for the sixth and seventh waves until February 4,
1999 and May 4, 1999, respectively.
The granting of final approval to the amended operating permit rule
for the State of New Jersey only changes the application submittal due
dates for certain affected sources. All other aspects of the New Jersey
Operating Permit Program remain fully operational and enforceable. Any
source that fails to comply with the amended application submittal
schedule or any provisions of the approved program may be subject to
N.J.A.C. 7:27-22.3(ll) as well as section 502(a) of the Act. The
federal oversight and sanctions provisions of the final interim
approval as promulgated on May 16, 1996 for the State of New Jersey
remain in full force irrespective of the granting of final approval to
the amended operating permit rule.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the State rule revision if adverse comments
are filed. This rule will be effective on July 6, 1999 without further
notice unless the Agency receives adverse comments by June 3, 1999. If
EPA receives adverse comments, EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. EPA will then address all public comments in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time.
Administrative Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the OMB a
description of the extent of EPA's prior consultation with
representatives of affected state, local, and tribal governments, the
nature of their concerns, copies of written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires EPA to develop an
effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the
[[Page 23779]]
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final approval is not subject to E.O.
13045 because it approves a state program implementing a Federal
regulation, and it is not economically significant under E.O. 12866.
Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statue, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This final approval will not have a significant impact on a
substantial number of small entities because it does not create any new
requirements but simply allows additional time for the submittal of
electronic applications from major stationary sources. I certify that
this action will not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to the private sector, of $100 million or more. Under section 205,
EPA must select the most cost effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated today does
not include a federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This federal action
approves pre-existing requirements under State or local law, and
imposes no new federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
Submission to Congress and the General Accounting Office
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 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 6, 1999. 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 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
and Reporting and recordkeeping requirements.
Dated: April 19, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
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 new paragraph (b) to
the entry for New Jersey State in alphabetical order to read as
follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
New Jersey
* * * * *
(b) The New Jersey State Department of Environmental Protection
submitted an operating permits program revision request on June 11,
1998; interim program revision approval effective on July 6, 1999.
* * * * *
[FR Doc. 99-10853 Filed 5-3-99; 8:45 am]
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