[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45483-45485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18887]
[[Page 45483]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2010-0161; FRL-9175-7]
Approval and Promulgation of Implementation Plans; Implementation
Plan Revision; State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approvinga
request from the State of New Jersey to revise its State Implementation
Plan (SIP) to incorporate amendments to Subchapter 4 ``Control and
Prohibition of Particles from Combustion of Fuel,'' Subchapter 10
``Sulfur in Solid Fuels,'' Subchapter 16 ``Control and Prohibition of
Air Pollution by Volatile Organic Compounds,'' Subchapter 19 ``Control
and Prohibition of Air Pollution from Oxides of Nitrogen,'' and related
amendments to Subchapter 21 ``Emission Statements.'' The amendments
relate to the control of oxides of nitrogen (NOx), sulfur
dioxide (SO2), particles and volatile organic compounds
(VOCs) from stationary sources.
This SIP revision consists of control measures needed to meet the
State's commitment to adopt additional reasonably available control
technology (RACT) rules that address RACT requirements for the 1997
national ambient air quality standards for ozone. Additionally, the SIP
revision includes control measures that will help the State meet the
national ambient air quality standards for fine particles.
The intended effect of this action is to approve the State control
strategy, which will result in emission reductions that will help
achieve attainment of the national ambient air quality standards for
ozone and fine particles required by the Clean Air Act (the Act).
DATES: Effective Date: This rule is effective on September 2, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-0161. 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., 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
http://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: Paul Truchan ([email protected])
concerning Subchapters 16 and 21, Anthony (Ted) Gardella
([email protected]) concerning Subchapter 19, and Kenneth
Fradkin ([email protected]) concerning Subchapters 4 and 10, at
the Air Programs Branch, Environmental Protection Agency, 290 Broadway,
25th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What supplemental SIP information did New Jersey submit?
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?
On April 21, 2009, as supplemented on May 7, 2010, New Jersey
submitted a proposed revision to the State Implementation Plan (SIP)
that includes amendments to New Jersey Administrative Code, Title 7:
Chapter 27 (NJAC 7:27) Subchapter 4 ``Control and Prohibition of
Particles from Combustion of Fuel;'' Subchapter 8 ``Permits and
Certificates for Minor Facilities (and Major Facilities Without an
Operating Permit);'' Subchapter 10 ``Sulfur in Solid Fuels;''
Subchapter 16 ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds;'' Subchapter 19 ``Control and Prohibition of Air
Pollution from Oxides of Nitrogen;'' and Subchapter 21 ``Emission
Statements.''
EPA is approving the State amendments to Subchapter 4 and
Subchapter 10 as revisions to the SIP. These amendments relate to the
control of particle and sulfur dioxide emissions and will help the
State make advances towards reducing regional haze and meeting the
national ambient air quality standards (NAAQS) for fine particles.
EPA will review Subchapter 8 and will address the approvability of
all Subchapter 8 amendments in a future action.
EPA is approving, as revisions to the New Jersey ozone SIP, the
State-adopted amendments to Subchapter 16 and Subchapter 19, and
related amendments to Subchapter 21, each adopted by New Jersey on
March 20, 2009, and submitted to EPA on April 21, 2009 and as
supplemented on May 7, 2010. New Jersey amended Subchapter 16 and
Subchapter 19 to meet the State's commitment to adopt additional RACT
rules for 12 of 13 source categories (see 74 FR 2945, January 16,
2009), which will result in additional emission reductions of
NOx and VOCs. New Jersey's State-adopted Subchapters 16 and
19, and the related amendments to Subchapter 21, are fully approvable
as SIP-strengthening measures for New Jersey's ozone SIP. The
amendments to Subchapters 16, 19 and 21 in New Jersey's submittal meet
the State's commitment to adopt additional RACT control measures for 12
of 13 source categories to achieve additional emission reductions of
NOx and VOCs to attain the 8-hour ozone standard. The one
remaining source category, adhesives and sealants, will be addressed in
a separate rulemaking.
For additional details on EPA's analysis and findings the reader is
referred to the proposal published in the April 23, 2010 Federal
Register (75 FR 21197) 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-2010-0161.
II. What supplemental SIP information did New Jersey submit?
On May 7, 2010, New Jersey submitted to EPA a supplement to the
State's proposed SIP revision dated April 21, 2009. The supplement
consists of two administrative changes to Subchapter 19 and includes a
copy of the changes as published in the New Jersey Register (NJR) and
the updated version of Subchapter 19. The specific administrative
changes to Subchapter 19 are as follows: (1) At section 7:27-19.1, the
definition of ``interim period'' is changed to correct an erroneous
date and now correctly limits the end date of the ``interim period''
for phased compliance for reasons of practicability pursuant to section
19.22 to no later than May 19, 2010 (41 NJR 2648(c), dated July 6,
2009); and (2) at section 7:27-19.29(b)2, the deadline for owners/
operators of High Electric Demand Day (HEDD) units to submit the 2009
HEDD Emission Reduction Compliance Demonstration Protocol (``2009
Protocol'') is corrected and shortened to the rule operative date of
May 19, 2009 (41 NJR 2470(a), dated June 15, 2009).
The first administrative change regarding the definition of
``interim period'' addresses EPA's comment in the
[[Page 45484]]
April 23, 2010 proposal (see section I.I.5) regarding an inconsistency
between two provisions. The second administrative change clarifies when
the 2009 Protocol is required to be submitted by owners/operators of
HEDD units regulated under section 19.29 of Subchapter 19. EPA agrees
with these changes.
This supplement to the SIP is included in the Docket and may be
viewed by the reader at http://www.regulations.gov.
III. What comments did EPA receive in response to its proposal?
No comments were received on EPA's April 23, 2010 proposal.
IV. What are EPA's conclusions?
EPA has evaluated New Jersey's submittal for consistency with the
Act, EPA regulations, and EPA policy. The new control measures will
strengthen the SIP by providing additional NOx,
SO2, fine particulate, and VOC emission reductions that the
State committed to achieve. Accordingly, EPA is approving the revisions
to Subchapters 4, 10, 16, 19, and related revisions to Subchapter 21,
as adopted on March 20, 2009 and July 6, 2009, except that EPA is
continuing to not act on the phased compliance plans by repowering and
innovative control in sections 19.21 and 19.23, respectively. In
addition, EPA has determined that New Jersey has met the requirement to
adopt NOx RACT and EPA is removing 40 CFR 52.1576, relating
to a prior finding that NOx RACT was not included in the New
Jersey SIP. At a later date, EPA will act on Subchapter 8, as adopted
by New Jersey on March 20, 2009.
With the adoption of Subchapters 16, 19 and 21, New Jersey has
fulfilled its commitment to adopt additional RACT control measures for
12 of 13 source categories to achieve additional emission reductions of
NOx and VOCs to attain the 8-hour ozone standard. The one
remaining source category, adhesives and sealants, will be addressed in
a separate rulemaking.
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 October 4, 2010. 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 2, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. Section 52.1570 is amended by adding new paragraph (c)(88) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(88) A revision submitted on April 21, 2009, as supplemented on May
7, 2010, by the New Jersey Department of Environmental Protection
(NJDEP) that establishes revised control measures for achieving
additional reductions of NOx, SO2, fine particulate, and VOC
emissions from stationary sources that will help achieve attainment of
the national ambient air quality standard for ozone and fine particles,
as well as help to reduce regional haze.
(i) Incorporation by reference:
(A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC
7:27): Subchapter 4 ``Control and Prohibition
[[Page 45485]]
of Particles from Combustion of Fuel'' with an effective date of April
20, 2009; Subchapter 10 ``Sulfur in Solid Fuels'' with an effective
date of April 20, 2009; Subchapter 16 ``Control and Prohibition of Air
Pollution by Volatile Organic Compounds'' with an effective date of
April 20, 2009; Subchapter 19 ``Control and Prohibition of Air
Pollution from Oxides of Nitrogen'' with an effective date of July 6,
2009 (including two Administrative Corrections published in the New
Jersey Register on June 15, 2009 and July 6, 2009); and Subchapter 21
``Emission Statements'' with an effective date of April 20, 2009.
(ii) Additional information:
(A) Letter dated April 21, 2009 from Acting Commissioner Mark N.
Mauriello, NJDEP, to George Pavlou, Acting Regional Administrator, EPA
Region 2, submitting the SIP revision for Subchapters 4, 8, 10, 16, 19
and 21.
(B) Letter dated May 7, 2010 from Director William O'Sullivan,
NJDEP, to Barbara Finazzo, Director, Division of Environmental Planning
and Protection, EPA Region 2, submitting supplemental SIP information
for Subchapter 19.
0
3. Section 52.1605 is amended by revising the table entries, under
Title 7, Chapter 27: for Subchapters 4, 10, 16, 19, and 21, to read as
follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA approved
State regulation State effective date date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27:
* * * * * * *
Subchapter 4, ``Control and April 20, 2009.................... August 3, 2010
Prohibition of Particles [Insert Federal
from Combustion of Fuel.'' Register page
citation].
* * * * * * *
Subchapter 10, ``Sulfur in April 20, 2009.................... August 3, 2010, Notification of ``large zone 3 coal conversions'' must be provided
Solid Fuels.'' 2009 [Insert to EPA (40 CFR 52.1601(b)).
Federal
Register page
citation].
* * * * * * *
Subchapter 16, ``Control and April 20, 2009.................... August 3, 2010 ...................................................................
Prohibition of Air Pollution [Insert Federal
by Volatile Organic Register page
Compounds.'' citation].
* * * * * * *
Subchapter 19, ``Control and July 6, 2009, as corrected on June August 3, 2010 Subchapter 19 is approved into the SIP except for the following
Prohibition of Air Pollution 15, 2009 and July 6, 2009. [Insert Federal provisions: (1) phased compliance plan through repowering in Sec.
from Oxides of Nitrogen.'' Register page Sec. 19.21 that allows for implementation beyond May 1, 1999; and
citation]. (2) phased compliance plan through the use of innovative control
technology in Sec. Sec. 19.23 that allows for implementation
beyond May 1, 1999.
* * * * * * *
Subchapter 21, ``Emission April 20, 2009.................... August 3, 2010 Section 7:27-21.3(b)(1) and 7:27-21.3(b)(2) of New Jersey's
Statements.'' [Insert Federal Emission Statement rule requires facilities to report on the
Register page following pollutants to assist the State in air quality planning
citation]. needs: hydrochloric acid, hydrazine, methylene chloride,
tetrachlorethylene, 1, 1, 1 trichloroethane, carbon dioxide and
methane. EPA will not take SIP-related enforcement action on these
pollutants.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 52.1576 [Reserved]
0
4. Section 52.1576 is removed and reserved.
[FR Doc. 2010-18887 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P