[Federal Register: November 12, 2003 (Volume 68, Number 218)]
[Rules and Regulations]
[Page 63991-63993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ56-250c, FRL-7582-8]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for Specific
Sources in the State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to the New Jersey State
Implementation Plan (SIP) for ozone. These revisions consist of source-
specific reasonably available control technology (RACT) determinations
for controlling oxides of nitrogen (NOX) emissions from
seven facilities in New Jersey.
The EPA is also announcing that, for an eighth facility, New Jersey
has revised a NOX RACT permit emission limit that EPA
previously approved and EPA is incorporating the revised stricter limit
into the State's SIP.
This final rule approves the source-specific RACT determinations
that were made by New Jersey in accordance with provisions of its
regulation. The intended effect of this rulemaking is to approve
source-specific emission limitations required by the Clean Air Act.
EFFECTIVE DATE: This rule will be effective December 12, 2003.
ADDRESSES: A copy of the New Jersey submittals are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Pollution Control, 401 East State
Street, CN027, Trenton, New Jersey 08625
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102T), 1301 Constitution Avenue, NW.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New
York, New York 10007-1866, (212) 637-3892 or at Gardella.Anthony@epa.gov.
SUPPLEMENTARY INFORMATION: The following table of contents describes
the format for the Supplementary Information section:
I. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive in Response to Its Proposal?
A. Background information
B. Comments received and EPA's response
III. What Is EPA's Conclusion?
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
EPA is approving revisions to New Jersey's ozone SIP submitted on
January 21, 1998, June 12, 1998 and April 26, 1999. Seven specific
sources are addressed in these SIP revisions. New Jersey revised and
submitted these revisions in response to a Clean Air Act (CAA)
requirement that states require
[[Page 63992]]
Reasonably Available Control Technology (RACT) at all major stationary
sources of NOX. The seven sources addressed are: American
Ref-Fuel Company/Essex County Resource Recovery Facility; Co-Steel
Corporation of Sayreville (formerly New Jersey Steel Corporation); Co-
Steel Raritan Corporation; Homasote Company; Milford Power Limited
Partnership; University of Medicine and Dentistry of Newark, and Roche
Vitamins, Inc.
Additionally, on February 21, 2001, in a letter to EPA, New Jersey
indicated that with regard to the Township of Wayne, in accordance with
a previously submitted and approved SIP revision the State had changed
the permitted NOX limit to a more stringent limit. The
previously approved SIP revision for this source indicated that the
emission limits may be revised to reflect results from required stack
testing. The permit required tests had been completed and New Jersey
established a new, more stringent emission limit based upon the results
of these tests and the new limit is also being incorporated into the
SIP.
The specific NOX emission limitations that EPA is
approving in today's rulemaking and the full evaluation can be found in
actions (68 FR 47532 and 68 FR 47477) published in the Federal Register
on August 11, 2003.
II. What Comments Did EPA Receive in Response to Its Proposal?
A. Background Information
On August 11, 2003, EPA announced, in proposed and direct final
rules published in the Federal Register (68 FR 47532 and 68 FR 47477,
respectively), approval of New Jersey's NOX RACT
determinations for the same eight sources which are subject to today's
final rulemaking. On August 11, 2003, EPA received an adverse comment
on the direct final rule. EPA had indicated in its August 11, 2003
direct final rule that if EPA received adverse comments, it would
withdraw the direct final rule. Consequently, EPA informed the public,
in a withdrawal notice published in the Federal Register (68 FR 54163)
on September 16, 2003, that EPA received an adverse comment and that
the direct final rule did not take effect. EPA did not receive any
other comments. EPA is addressing the adverse comment in today's final
rule based upon the proposed action published on August 11, 2003.
B. Comments Received and EPA's Response
EPA received one adverse comment on its August 11, 2003 direct
final rule to approve New Jersey's NOX RACT determinations
for eight facilities located throughout the State from a concerned
citizen. That comment and EPA's response follows.
Comments: A concerned citizen commented that ``the standards for
New Jersey should be set higher and require fewer tons per year
emissions'' and the citizen ``did not feel these standards are high
enough.'' The comments did not address any specific source or any
specific NOX emission limitation. In addition, no supporting
information or justification was provided.
Response: The 1990 CAA requires states, in which areas are
designated as nonattainment for the one-hour ozone standard and are
classified as moderate or higher, to submit SIP provisions, for EPA
approval, which establish RACT for major stationary sources of
NOX. EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
In this regard, New Jersey determined that each of the eight
sources were major stationary sources of NOX and therefore
subject to the CAA requirement to implement RACT. As discussed in the
August 11, 2003 direct final rule, New Jersey submitted SIP revisions,
for EPA approval, that established RACT, including NOX
emission limitations for each of the eight sources subject to the
citizen's comment. It should be noted that EPA requires some new
sources to be subject to more stringent requirements than the RACT
requirements for existing sources, such as Best Available Control
Technology (BACT) or Lowest Achievable Emission Rate (LAER). One of the
eight sources addressed in the SIP submission is subject to BACT
requirements, but the remaining seven sources are not subject to these
more stringent requirements. New Jersey submitted its RACT
determinations, for EPA approval, for the eight sources, to fulfill the
CAA requirements for RACT and not to meet any other more stringent
requirement.
EPA evaluated each RACT determination and documented its findings
in ``Technical Support Document--NOX RACT Source Specific
SIP Revisions--State of New Jersey'' dated May 23, 2003. The August 11,
2003 direct final rule announced the availability of this technical
support document to the public. However, EPA did not receive any
requests for a copy. In the Technical Support Document for this rule,
EPA indicates that New Jersey's submittals are consistent with relevant
EPA guidance and the requirements of the State's RACT regulation
(Subchapter 19) and provide sufficient justification to support the
established NOX requirements. For the reasons provided in
this section and in the Technical Support Document, EPA is approving
the NOX emission limitations for the eight sources subject
to today's rulemaking as consistent with the RACT requirements of the
CAA.
III. What Is EPA's Conclusion?
The EPA is approving the source-specific SIP revisions described
above as RACT for the control of NOX emissions from the
seven sources identified in the three source-specific SIP revisions and
for an eighth source, is approving the stricter limit revised by the
State in accordance with a SIP revision which EPA previously approved.
EPA is approving the State's RACT determinations because New Jersey
established and imposed these RACT requirements in accordance with the
criteria set forth in the SIP-approved RACT regulation applicable to
these sources and because they conform with CAA requirements and EPA
guidance. New Jersey has also established recordkeeping and testing
requirements for these sources sufficient to determine compliance with
the applicable RACT determinations.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a
[[Page 63993]]
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Submission to Congress and the Comptroller General
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 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of particular applicability.
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 12, 2004. 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, Ozone, Reporting and recordkeeping
requirements.
Dated: October 22, 2003.
Jane M. Kenny,
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)(73) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(73) Revisions to the State Implementation Plan submitted by the
New Jersey Department of Environmental Protection on January 21, 1998,
June 12, 1998 and April 26, 1999; and a letter which notified EPA of a
revised permit limit submitted by the New Jersey Department of
Environmental Protection on February 21, 2001.
(i) Incorporation by reference:
(A) Conditions of Approval Documents (COAD) or modified prevention
of significant deterioration (PSD) permit: The following facilities
have been issued COADs or modified PSD permit by New Jersey:
(1) American Ref-Fuel Company/Essex County Resource Recovery
Facility, Newark, Essex County, NJ PSD permit modification dated July
29, 1997. Incorporation by reference includes only the NOX
emission limits in section A.6 of the July 29, 1997 PSD permit.
(2) Co-Steel Corporation's (formerly New Jersey Steel Corporation)
electric arc furnace/melt shop and billet reheat furnace, Sayreville,
Middlesex County, NJ COAD approval dated September 3, 1997.
(3) Co-Steel Raritan Corporation's electric arc furnace/ladle
metallurgy system and billet reheat furnace, Perth Amboy, Middlesex
County, NJ COAD approval dated June 22, 1998.
(4) Homasote Company's natural gas dryer (wet fibreboard mat
dryer), West Trenton, Mercer County, NJ COAD approval dated October 19,
1998.
(5) Milford Power Limited Partnership's combined cycle cogeneration
facility, Milford, Hunterdon County, NJ COAD approval dated August 21,
1997.
(6) University of Medicine and Dentistry of New Jersey's
cogeneration units and Cleaver Brooks non-utility boilers, Newark,
Essex County, NJ COAD dated June 26, 1997.
(7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1,
Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration
facility consists of one reciprocal engine (21.5 MW) and one heat
recovery steam generator (HRSG) equipped with a duct burner (Boiler No.
6).
(8) Township of Wayne, Mountain View Water Pollution Control
Facility's sewage sludge incinerators, Passaic County, NJ permit
revision dated December 21, 2000.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits,
alternative emission limits, or repowering plan in three SIP revisions
addressed to Regional Administrator Jeanne M. Fox from New Jersey
Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting
Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief
Bureau of Air Quality Engineering dated:
(A) January 21, 1998 SIP revision for two sources,
(B) June 12, 1998 SIP revision for one source,
(C) April 26, 1999 SIP revision for four sources,
(D) February 21, 2001 for a revised permit limit for one source.
[FR Doc. 03-28212 Filed 11-10-03; 8:45 am]
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