Approval and Promulgation of Implementation Plans; Implementation Plan Revision; State of New Jersey, 41626-41629 [E7-14480]
Download as PDF
<![CDATA[
41626
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
position check. At both check-in and
follow-on position check, VTC New
Orleans will advise the vessel on traffic
approaching Eighty-One Mile Point.
(2) Prior to proceeding downriver past
MM 187.9, LMR, COS-MAR Lights,
vessels shall contact Vessel Traffic
Center (VTC) New Orleans on VHF
Channel 63A to check-in. Vessels must
provide name, destination, confirm
proper operation of their automated
identification system (AIS) if required
under 33 CFR 164.46 and, if applicable,
size of tow and number of loaded and
empty barges. At MM 183.9 LMR,
Wyandotte Chemical Dock Lights,
descending vessels shall contact VTC
New Orleans and provide a follow-on
position check. At both check-in and
follow-on position check VTC New
Orleans will advise the vessel on traffic
approaching Eighty-One Mile Point.
(3) All vessels getting underway
between miles 167.5 and 187.9 must
check-in with VTC New Orleans on
VHF Channel 63A immediately prior to
getting underway and must comply with
the respective ascending and
descending check-in and follow-on
points listed in paragraphs (g)(1) and
(g)(2) above.
(4) Fleet vessels must check-in with
VTC New Orleans if they leave their
respective fleet or if they move into the
main channel. Fleet vessels are not
required to check-in if they are
operating exclusively within their fleet.
Dated: July 16, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E7–14697 Filed 7–30–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2006–0162,
FRL–8444–9]
Approval and Promulgation of
Implementation Plans; Implementation
Plan Revision; State of New Jersey
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a request from the
State of New Jersey to revise its State
Implementation Plan (SIP) for ozone to
incorporate state-adopted amendments
to Subchapter 19 ‘‘Control and
Prohibition of Air Pollution from Oxides
of Nitrogen’’ and related amendments to
VerDate Aug<31>2005
13:44 Jul 30, 2007
Jkt 211001
Subchapter 16 ‘‘Control and Prohibition
of Air Pollution by Volatile Organic
Compounds.’’ The amendments relate to
the control of oxides of nitrogen (NOX)
emissions from stationary industrial
sources. This SIP revision consists of
control measures needed to meet the
shortfall in emission reductions in New
Jersey’s 1-hour ozone attainment
demonstration SIP as identified by EPA.
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 required by the Clean Air Act
(the Act).
DATES: Effective Date: This rule will be
effective August 30, 2007.
ADDRESSES: EPA has established a
docket for this action under the Federal
Docket Management System (FDMS)
which replaces the Regional Materials
in EDOCKET (RME) docket system. The
new FDMS is located at https://
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2006–
0162. All documents in the docket are
listed in the FDMS index. Publicly
available docket materials are available
either electronically in FDMS or in hard
copy at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. Copies of
the documents relevant to this action
are also available for public inspection
during normal business hours, by
appointment at the Air and Radiation
Docket and Information Center,
Environmental Protection Agency,
Room 3334, 1301 Constitution Avenue,
NW., Washington, DC; and the New
Jersey Department of Environmental
Protection, Office of Energy, Bureau of
Air Quality Planning, 401 East State
Street, CN027, Trenton, New Jersey
08625.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella,
Gardella.anthony@epa.gov, Air
Programs Branch, U.S. Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3892.
SUPPLEMENTARY INFORMATION: For
detailed information and EPA’s analysis
of New Jersey’s revision to its State
Implementation Plan (SIP) for ozone see
EPA’s proposed rulemaking action (72
FR 11812, March 14, 2007) which can
be viewed at https://
www.regulations.gov.
The following table of contents
describes the format for this notice.
Table of Contents
I. What Action Is EPA Taking Today?
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
II. What Comments Were Received and How
Has EPA Responded to Them?
III. What Role Does This Rule Play in the
Ozone SIP?
IV. What Are EPA’s Conclusions?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
New Jersey submitted a revision to the
State Implementation Plan (SIP) for
ozone dated December 16, 2005, for EPA
approval, that includes a new rule and
amendments to Subchapter 19 ‘‘Control
and Prohibition of Air Pollution from
Oxides of Nitrogen’’; Subchapter 16
‘‘Control and Prohibition of Air
Pollution by Volatile Organic
Compounds’’; Subchapter 8 ‘‘Permits
and Certificates for Minor Facilities (and
Major Facilities Without an Operating
Permit)’’; and Subchapter 22 ‘‘Operating
Permits.’’
Except for certain Open Market
Emissions Trading (OMET) Program
provisions in Subchapters 8, 16, and 19,
and compliance dates beyond November
15, 2007 for repowering and innovative
control technology, EPA is approving, as
revisions to the New Jersey ozone SIP,
the state-adopted amendments to
Subchapter 19 and Subchapter 16, each
adopted by New Jersey on September 8,
2005, and submitted to EPA on
December 16, 2005. EPA is currently
reviewing past amendments to
Subchapter 8 and will address the
approvability of all Subchapter 8
amendments at the same time in a
future action. Subchapter 22 is New
Jersey’s operating permit rule that was
separately approved under title V of the
Clean Air Act and therefore Subchapter
22 should not have been submitted as a
SIP revision. EPA has reviewed the new
amendments to Subchapter 22 and will
formally respond to New Jersey with a
letter.
New Jersey amended Subchapter 19 to
reduce emissions of NOX in response to
emission reduction shortfalls, identified
by EPA (64 FR 70380, December 16,
1999), for attainment of New Jersey’s 1hour ozone standard. New Jersey
amended Subchapter 16 to be consistent
with amendments to Subchapter 19.
Except for certain OMET provisions in
Subchapters 8, 16, and 19, and
compliance dates beyond November 15,
2007 for repowering and innovative
control technology, New Jersey’s stateadopted Subchapters 16 and 19 are fully
approvable as a SIP-strengthening
measure for New Jersey’s ground level
ozone SIP. The amendments to
Subchapters 16 and 19 in New Jersey’s
submittal to EPA meet New Jersey’s
commitment by adopting control
measures for additional emission
reductions to attain the 1-hour ozone
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
rmajette on PROD1PC64 with RULES
standard and close the shortfall.
Because EPA is determining that the
State has now adopted measures to
fulfill its SIP commitment to address the
NOX shortfall, EPA will not proceed
with the May 27, 2004 (69 FR 30249)
proposed Finding of Failure to
Implement. For a detailed discussion on
the content and EPA’s analysis of New
Jersey’s SIP submittal, the reader is
referred to EPA’s proposed rulemaking
action (72 FR 11812, March 14, 2007).
II. What Comments Were Received and
How Has EPA Responded to Them?
The public comment period on EPA’s
proposed approval of New Jersey’s
December 16, 2005 SIP submittal ended
on April 13, 2007. EPA received one
comment on the proposed approval
action. The comment addressed EPA’s
proposed approval of the rule regarding
emergency generators. Although EPA
proposed to approve the rule, EPA (1)
noted that in February 2006 the Agency
sent a letter to the State indicating that
NSR and title V permits should
continue to include an hours of
operation limit in permits; and (2)
recommended that New Jersey revise its
regulations to include emergency
generator restrictions that were in the
previous SIP-approved version of the
rule. The comment and EPA’s response
follows.
Comments: The Division of Air
Quality, New Jersey Department of
Environmental Protection (NJDEP)
commented that it ‘‘disagrees with the
USEPA suggestion that all NJDEP issued
permits for emergency units include an
operating hour limitation to cover
emergencies (i.e., 500 hours per year).
Rather, the only operating time
limitation in permits for emergency
units should be that time needed for
testing or maintenance, as per
manufacturer’s specifications and
government safety ordinances.’’ NJDEP
continued, ‘‘It is unreasonable to base
maximum potential emissions on
emergency scenarios which may or may
not materialize.’’ Additionally, NJDEP
noted that the Subchapter 19 definition
of ‘‘Emergency Generator’’ and
‘‘Emergency’’ make the 500 hour
limitation superfluous and that if
operation of an emergency generator is
consistent with those definitions an
hourly restriction in unnecessary.
NJDEP also noted that it currently
utilizes a total operating hour limit in
title V permits as requested by EPA, but
objects to its use there also.
Response: EPA notes that it did not
propose to condition approval of the SIP
rule on the recommendations it made in
the February 2006 letter or in the
proposed rule. Thus, these
VerDate Aug<31>2005
13:44 Jul 30, 2007
Jkt 211001
recommendations were not intended to
have binding effect. Because it is not
necessary for the rules to reflect these
recommendations in order to be fully
approvable, EPA is moving forward
with its approval. EPA will continue to
discuss with New Jersey the concerns
noted in their comment, which concerns
were raised by EPA with respect to New
Jersey’s permitting programs.
Specifically, as noted in EPA’s proposed
rule, potential to emit (PTE)
requirements for emergency generators
should be included in the provisions of
New Jersey’s permitting regulations that
identify which sources must obtain a
permit, i.e. Subchapters 8 and 22. For
rule consistency, EPA believes it
appropriate, although not required, that
New Jersey revise the current stateadopted Subchapter 19 to include the
emergency generator restrictions (e.g.,
(1) the 500 hour annual operating
restriction, and (2) the 25 tons per year
(tpy) PTE source exemption).
III. What Role Does This Rule Play in
the Ozone SIP?
When EPA evaluated New Jersey’s 1hour ozone attainment demonstrations,
EPA determined that additional
emission reductions were needed for the
State’s severe nonattainment areas in
order for the State to attain the 1-hour
ozone standard (64 FR 70380; December
16, 1999). EPA provided that states in
the Ozone Transport Region could
achieve these emission reductions
through regional control programs. New
Jersey decided to participate with the
other states in the Northeast in an
Ozone Transport Commission (OTC)
regulatory development effort which
lead to six model control measures.
These amendments to Subchapter 19
incorporate a portion of the OTC model
rule for additional NOX control
measures. The emission reductions from
this control measure fully meet the
commitment in the New Jersey SIP to
achieve an additional 0.88 tpy NOX
reduction in the New Jersey portion of
the Philadelphia, Wilmington, Trenton
nonattainment area and 3.45 tpy NOX
reduction in the New Jersey portion of
the New York, Northern New Jersey,
Long Island nonattainment area. The
emission reductions will help ensure
attainment of the 1-hour ozone
standard.
IV. What Are EPA’s Conclusions?
EPA evaluated New Jersey’s submittal
for consistency with the Act, EPA
regulations and EPA policy. The
adopted new control measures will
strengthen the SIP by achieving the
additional NOX emission reductions
that the State committed to achieve.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
41627
Accordingly, EPA is approving the
revisions to Subchapter 19, and related
revisions to Subchapter 16, as adopted
on September 8, 2005, except that EPA
is not acting, at this time, on OMET
Program provisions in Subchapters 16
and 19 or the new amendments to
phased compliance plans by repowering
and innovative control technology in
sections 19.21 and 19.23, respectively.
Additionally, EPA is not approving any
dates that allow for NOX RACT
compliance beyond May 31, 1995, in
general, and beyond May 1, 1999 for
completion of repowering, for sources
that should have complied by those
dates as required in the EPA-approved
SIP. At a later date, EPA will act on
Subchapter 8, as adopted by New Jersey
on September 8, 2005.
With the adoption of Subchapter 19,
New Jersey has fulfilled its obligation to
adopt all six control measures that New
Jersey identified as necessary to attain
the 1-hour ozone standard. These six
control measures are applicable
statewide and the emission reductions
projected from their implementation
meets the additional emission
reductions that EPA identified as
necessary to attain the 1-hour ozone
standard. Because New Jersey has now
implemented the elements of its SIP that
were the subject of EPA’s May 27, 2004
(69 FR 30249) proposed Finding of
Failure to Implement, EPA will not
move forward to finalize that finding.
V. 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
(Public Law 104–4).
E:\FR\FM\31JYR1.SGM
31JYR1
41628
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
This rule also does not have tribal
implications because it will not have a
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
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 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 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.).
State regulation
*
rmajette on PROD1PC64 with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
*
*
13:44 Jul 30, 2007
Jkt 211001
*
Title 7, Chapter 27
Frm 00038
Fmt 4700
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Section 52.1570 is amended by
adding new paragraph (c)(81) to read as
follows:
I
52.1570
Identification of plans.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(81) Revisions to the State
Implementation Plan for ozone dated
December 16, 2005 by the State of New
Jersey Department of Environmental
Protection (NJDEP) that establishes
revised control measures for achieving
additional reductions of NOX emissions
from stationary combustion sources.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter
19, of the New Jersey Administrative
Code entitled ‘‘Control and Prohibition
of Air Pollution from Oxides of
Nitrogen,’’ effective October 17, 2005
and Title 7, Chapter 27, Subchapter 16
of the New Jersey Administrative Code
entitled ‘‘Control and Prohibition of Air
Pollution by Volatile Organic
Compounds,’’ effective October 17,
2005.
(ii) Additional information:
(A) December 16, 2005 letter from
Commissioner Bradley M. Campbell,
NJDEP, to Alan J. Steinberg, EPA,
requesting EPA approval of revisions to
Subchapters 8, 16, 19, and 22.
3. In 52.1605, the table is amended by
revising the entries for Subchapters 16
and 19 under the headings ‘‘Title 7,
Chapter 27’’ to read as follows:
§ 52.1605 EPA-approved New Jersey
regulations.
EPA approved date
Sfmt 4700
Comments
*
*
*
*
October 17, 2005 ...... July 31, 2007 [Insert
FR page citation].
PO 00000
PART 52—[AMENDED]
I
Dated: July 13, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
State effective date
*
*
Subchapter 16, ‘‘Control and Prohibition of Air
Pollution by Volatile Organic Compounds.’’
VerDate Aug<31>2005
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. 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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 1, 2007. 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).)
*
*
*
*
Subchapter 16 is approved into the SIP except for Open Market Emissions Trading
(OMET) provisions at 16.1A(g) and
16.1A(h).
E:\FR\FM\31JYR1.SGM
31JYR1
41629
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
State regulation
State effective date
*
*
Subchapter 19, ‘‘Control and Prohibition of Air
Pollution from Oxides of Nitrogen.’’
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0295, FRL–8443–5]
Approval and Promulgation of
Implementation Plans; States of
Arizona and Nevada; Interstate
Transport of Pollution
Environmental Protection
Agency.
ACTION: Direct final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to approve state implementation
plans submitted by the States of Arizona
and Nevada that address interstate
transport with respect to the 8-hour
ozone and fine particulate matter
national ambient air quality standards.
In so doing, EPA has determined that
the plans submitted by Arizona and
Nevada and approved herein satisfy
requirements under Clean Air Act
section 110(a)(2)(D)(i) for each State to
submit a plan containing adequate
provisions to prohibit interstate
transport with respect to the standards
for 8-hour ozone and fine particulate
matter. EPA is taking this action
pursuant to those provisions of the
Clean Air Act that obligate the Agency
to take action on submittals of state
implementation plans. The effect of this
action is to approve the Arizona and
Nevada state implementation plans
addressing interstate transport with
respect to the 8-hour ozone and fine
particulate standards and to eliminate
obligations on the Agency to promulgate
Federal implementation plans for these
States addressing this same
requirement.
DATES: This rule is effective on October
1, 2007, without further notice, unless
VerDate Aug<31>2005
*
*
*
October 17, 2005 ...... July 31, 2007 [Insert
FR page citation].
*
[FR Doc. E7–14480 Filed 7–30–07; 8:45 am]
13:44 Jul 30, 2007
Jkt 211001
EPA approved date
*
Frm 00039
Fmt 4700
*
*
Subchapter 19 is approved into the SIP except for the following provisions: (1) Open
Market Emissions Trading (OMET) provisions at 19.3(g), 19.3(h), 19.27 and 19.27
Appendix; and (2) New amendments to
phased
compliance
plan
through
repowering in § 19.21 that allow for implementation beyond May 1, 1999; and (3)
New amendments to phased compliance
plan through the use of innovative control
technology in § 19.23 that allow for implementation beyond May 1, 1999.
*
EPA receives adverse comments by
August 30, 2007. If adverse comment is
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2007–0295 by one of the following
methods:
• Federal eRulemaking portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: tax.wienke@epa.gov.
• Fax: (415) 947–3579 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Wienke Tax, Office of Air
Planning, Environmental Protection
Agency (EPA), Region IX, Mailcode
AIR–2, 75 Hawthorne Street, San
Francisco, California 94105–3901.
• Hand Delivery: Wienke Tax, Office
of Air Planning, Environmental
Protection Agency (EPA), Region IX,
Mailcode AIR–2, 75 Hawthorne Street,
San Francisco, California 94105–3901.
Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:55
p.m., excluding federal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R09–OAR–2007–
0295. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
PO 00000
Comments
Sfmt 4700
*
*
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. 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,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Office of Air Planning,
Environmental Protection Agency
(EPA), Region IX, Mailcode AIR–2, 75
Hawthorne Street, San Francisco,
California 94105–3901. EPA requests
that if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Rules and Regulations]
[Pages 41626-41629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14480]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2006-0162, FRL-8444-9]
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 is approving a request
from the State of New Jersey to revise its State Implementation Plan
(SIP) for ozone to incorporate state-adopted amendments to Subchapter
19 ``Control and Prohibition of Air Pollution from Oxides of Nitrogen''
and related amendments to Subchapter 16 ``Control and Prohibition of
Air Pollution by Volatile Organic Compounds.'' The amendments relate to
the control of oxides of nitrogen (NOX) emissions from
stationary industrial sources. This SIP revision consists of control
measures needed to meet the shortfall in emission reductions in New
Jersey's 1-hour ozone attainment demonstration SIP as identified by
EPA.
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 required by the Clean Air Act (the Act).
DATES: Effective Date: This rule will be effective August 30, 2007.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
https://www.regulations.gov and the docket ID for this action is EPA-
R02-OAR-2006-0162. All documents in the docket are listed in the FDMS
index. Publicly available docket materials are available either
electronically in FDMS or in hard copy at the Environmental Protection
Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor,
New York, New York 10007-1866. Copies of the documents relevant to this
action are also available for public inspection during normal business
hours, by appointment at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC; and the New Jersey Department of
Environmental Protection, Office of Energy, Bureau of Air Quality
Planning, 401 East State Street, CN027, Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella,
Gardella.anthony@epa.gov, Air Programs Branch, U.S. Environmental
Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-
1866, (212) 637-3892.
SUPPLEMENTARY INFORMATION: For detailed information and EPA's analysis
of New Jersey's revision to its State Implementation Plan (SIP) for
ozone see EPA's proposed rulemaking action (72 FR 11812, March 14,
2007) which can be viewed at https://www.regulations.gov.
The following table of contents describes the format for this
notice.
Table of Contents
I. What Action Is EPA Taking Today?
II. What Comments Were Received and How Has EPA Responded to Them?
III. What Role Does This Rule Play in the Ozone SIP?
IV. What Are EPA's Conclusions?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
New Jersey submitted a revision to the State Implementation Plan
(SIP) for ozone dated December 16, 2005, for EPA approval, that
includes a new rule and amendments to Subchapter 19 ``Control and
Prohibition of Air Pollution from Oxides of Nitrogen''; Subchapter 16
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds''; Subchapter 8 ``Permits and Certificates for Minor
Facilities (and Major Facilities Without an Operating Permit)''; and
Subchapter 22 ``Operating Permits.''
Except for certain Open Market Emissions Trading (OMET) Program
provisions in Subchapters 8, 16, and 19, and compliance dates beyond
November 15, 2007 for repowering and innovative control technology, EPA
is approving, as revisions to the New Jersey ozone SIP, the state-
adopted amendments to Subchapter 19 and Subchapter 16, each adopted by
New Jersey on September 8, 2005, and submitted to EPA on December 16,
2005. EPA is currently reviewing past amendments to Subchapter 8 and
will address the approvability of all Subchapter 8 amendments at the
same time in a future action. Subchapter 22 is New Jersey's operating
permit rule that was separately approved under title V of the Clean Air
Act and therefore Subchapter 22 should not have been submitted as a SIP
revision. EPA has reviewed the new amendments to Subchapter 22 and will
formally respond to New Jersey with a letter.
New Jersey amended Subchapter 19 to reduce emissions of
NOX in response to emission reduction shortfalls, identified
by EPA (64 FR 70380, December 16, 1999), for attainment of New Jersey's
1-hour ozone standard. New Jersey amended Subchapter 16 to be
consistent with amendments to Subchapter 19. Except for certain OMET
provisions in Subchapters 8, 16, and 19, and compliance dates beyond
November 15, 2007 for repowering and innovative control technology, New
Jersey's state-adopted Subchapters 16 and 19 are fully approvable as a
SIP-strengthening measure for New Jersey's ground level ozone SIP. The
amendments to Subchapters 16 and 19 in New Jersey's submittal to EPA
meet New Jersey's commitment by adopting control measures for
additional emission reductions to attain the 1-hour ozone
[[Page 41627]]
standard and close the shortfall. Because EPA is determining that the
State has now adopted measures to fulfill its SIP commitment to address
the NOX shortfall, EPA will not proceed with the May 27,
2004 (69 FR 30249) proposed Finding of Failure to Implement. For a
detailed discussion on the content and EPA's analysis of New Jersey's
SIP submittal, the reader is referred to EPA's proposed rulemaking
action (72 FR 11812, March 14, 2007).
II. What Comments Were Received and How Has EPA Responded to Them?
The public comment period on EPA's proposed approval of New
Jersey's December 16, 2005 SIP submittal ended on April 13, 2007. EPA
received one comment on the proposed approval action. The comment
addressed EPA's proposed approval of the rule regarding emergency
generators. Although EPA proposed to approve the rule, EPA (1) noted
that in February 2006 the Agency sent a letter to the State indicating
that NSR and title V permits should continue to include an hours of
operation limit in permits; and (2) recommended that New Jersey revise
its regulations to include emergency generator restrictions that were
in the previous SIP-approved version of the rule. The comment and EPA's
response follows.
Comments: The Division of Air Quality, New Jersey Department of
Environmental Protection (NJDEP) commented that it ``disagrees with the
USEPA suggestion that all NJDEP issued permits for emergency units
include an operating hour limitation to cover emergencies (i.e., 500
hours per year). Rather, the only operating time limitation in permits
for emergency units should be that time needed for testing or
maintenance, as per manufacturer's specifications and government safety
ordinances.'' NJDEP continued, ``It is unreasonable to base maximum
potential emissions on emergency scenarios which may or may not
materialize.'' Additionally, NJDEP noted that the Subchapter 19
definition of ``Emergency Generator'' and ``Emergency'' make the 500
hour limitation superfluous and that if operation of an emergency
generator is consistent with those definitions an hourly restriction in
unnecessary. NJDEP also noted that it currently utilizes a total
operating hour limit in title V permits as requested by EPA, but
objects to its use there also.
Response: EPA notes that it did not propose to condition approval
of the SIP rule on the recommendations it made in the February 2006
letter or in the proposed rule. Thus, these recommendations were not
intended to have binding effect. Because it is not necessary for the
rules to reflect these recommendations in order to be fully approvable,
EPA is moving forward with its approval. EPA will continue to discuss
with New Jersey the concerns noted in their comment, which concerns
were raised by EPA with respect to New Jersey's permitting programs.
Specifically, as noted in EPA's proposed rule, potential to emit (PTE)
requirements for emergency generators should be included in the
provisions of New Jersey's permitting regulations that identify which
sources must obtain a permit, i.e. Subchapters 8 and 22. For rule
consistency, EPA believes it appropriate, although not required, that
New Jersey revise the current state-adopted Subchapter 19 to include
the emergency generator restrictions (e.g., (1) the 500 hour annual
operating restriction, and (2) the 25 tons per year (tpy) PTE source
exemption).
III. What Role Does This Rule Play in the Ozone SIP?
When EPA evaluated New Jersey's 1-hour ozone attainment
demonstrations, EPA determined that additional emission reductions were
needed for the State's severe nonattainment areas in order for the
State to attain the 1-hour ozone standard (64 FR 70380; December 16,
1999). EPA provided that states in the Ozone Transport Region could
achieve these emission reductions through regional control programs.
New Jersey decided to participate with the other states in the
Northeast in an Ozone Transport Commission (OTC) regulatory development
effort which lead to six model control measures. These amendments to
Subchapter 19 incorporate a portion of the OTC model rule for
additional NOX control measures. The emission reductions
from this control measure fully meet the commitment in the New Jersey
SIP to achieve an additional 0.88 tpy NOX reduction in the
New Jersey portion of the Philadelphia, Wilmington, Trenton
nonattainment area and 3.45 tpy NOX reduction in the New
Jersey portion of the New York, Northern New Jersey, Long Island
nonattainment area. The emission reductions will help ensure attainment
of the 1-hour ozone standard.
IV. What Are EPA's Conclusions?
EPA evaluated New Jersey's submittal for consistency with the Act,
EPA regulations and EPA policy. The adopted new control measures will
strengthen the SIP by achieving the additional NOX emission
reductions that the State committed to achieve. Accordingly, EPA is
approving the revisions to Subchapter 19, and related revisions to
Subchapter 16, as adopted on September 8, 2005, except that EPA is not
acting, at this time, on OMET Program provisions in Subchapters 16 and
19 or the new amendments to phased compliance plans by repowering and
innovative control technology in sections 19.21 and 19.23,
respectively. Additionally, EPA is not approving any dates that allow
for NOX RACT compliance beyond May 31, 1995, in general, and
beyond May 1, 1999 for completion of repowering, for sources that
should have complied by those dates as required in the EPA-approved
SIP. At a later date, EPA will act on Subchapter 8, as adopted by New
Jersey on September 8, 2005.
With the adoption of Subchapter 19, New Jersey has fulfilled its
obligation to adopt all six control measures that New Jersey identified
as necessary to attain the 1-hour ozone standard. These six control
measures are applicable statewide and the emission reductions projected
from their implementation meets the additional emission reductions that
EPA identified as necessary to attain the 1-hour ozone standard.
Because New Jersey has now implemented the elements of its SIP that
were the subject of EPA's May 27, 2004 (69 FR 30249) proposed Finding
of Failure to Implement, EPA will not move forward to finalize that
finding.
V. 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 (Public Law 104-4).
[[Page 41628]]
This rule also does not have tribal implications because it will
not have a 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 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 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 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.).
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. 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 1, 2007. 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, Volatile organic compounds.
Dated: July 13, 2007.
Alan J. Steinberg,
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)(81) to read
as follows:
52.1570 Identification of plans.
* * * * *
(c) * * *
* * * * *
(81) Revisions to the State Implementation Plan for ozone dated
December 16, 2005 by the State of New Jersey Department of
Environmental Protection (NJDEP) that establishes revised control
measures for achieving additional reductions of NOX
emissions from stationary combustion sources.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective October 17, 2005 and Title 7,
Chapter 27, Subchapter 16 of the New Jersey Administrative Code
entitled ``Control and Prohibition of Air Pollution by Volatile Organic
Compounds,'' effective October 17, 2005.
(ii) Additional information:
(A) December 16, 2005 letter from Commissioner Bradley M. Campbell,
NJDEP, to Alan J. Steinberg, EPA, requesting EPA approval of revisions
to Subchapters 8, 16, 19, and 22.
0
3. In 52.1605, the table is amended by revising the entries for
Subchapters 16 and 19 under the headings ``Title 7, Chapter 27'' to
read as follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27
* * * * * * *
Subchapter 16, ``Control and October 17, 2005.............. July 31, 2007 Subchapter 16 is
Prohibition of Air Pollution by [Insert FR page approved into the SIP
Volatile Organic Compounds.'' citation]. except for Open Market
Emissions Trading
(OMET) provisions at
16.1A(g) and 16.1A(h).
[[Page 41629]]
* * * * * * *
Subchapter 19, ``Control and October 17, 2005.............. July 31, 2007 Subchapter 19 is
Prohibition of Air Pollution [Insert FR page approved into the SIP
from Oxides of Nitrogen.'' citation]. except for the
following provisions:
(1) Open Market
Emissions Trading
(OMET) provisions at
19.3(g), 19.3(h), 19.27
and 19.27 Appendix; and
(2) New amendments to
phased compliance plan
through repowering in
Sec. 19.21 that allow
for implementation
beyond May 1, 1999; and
(3) New amendments to
phased compliance plan
through the use of
innovative control
technology in Sec.
19.23 that allow for
implementation beyond
May 1, 1999.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-14480 Filed 7-30-07; 8:45 am]
BILLING CODE 6560-50-P
