Approval and Promulgation of Implementation Plans; New Jersey; Nitrogen Oxides Budget and Allowance Trading Program, 78258-78260 [E8-30378]
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Proposed Rules
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Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–30303 Filed 12–19–08; 8:45 am]
BILLING CODE 4830–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2008–0841,
FRL–8755–5]
Approval and Promulgation of
Implementation Plans; New Jersey;
Nitrogen Oxides Budget and
Allowance Trading Program
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a
revision to New Jersey’s State
Implementation Plan (SIP) submitted on
November 3, 2008. The proposed SIP
revision includes a regulation that
allows for continuation of New Jersey’s
statewide nitrogen oxides (NOX) budget
and NOX allowance trading program
beyond the year 2008. New Jersey’s
program began in 2003 for large electric
generating units and industrial sources.
The intended effect of this proposed SIP
revision is to allow the continuation of
the State’s program to reduce emissions
of NOX in order to help attain the
national ambient air quality standard for
ozone. EPA is proposing this action
pursuant to section 110 of the Clean Air
Act.
DATES: Written comments must be
received on or before January 21, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
R02–OAR–2008–0841, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov
• Fax: 212–637–3901
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R02–OAR–2008–
0841. 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://
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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
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. Publicly available docket
materials are available either
electronically in https://
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. EPA requests, if
at all possible, that 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
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
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–
4249.
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing to take?
II. Why is EPA proposing this action?
III. When did New Jersey submit the
proposed SIP revision to EPA and what
did it include?
IV. What guidance did EPA use to evaluate
New Jersey’s proposed SIP revision?
V. What is the result of EPA’s evaluation of
New Jersey’s proposed SIP revision?
VI. What is New Jersey’s NOX Budget
Program?
VII. Proposed Action
VIII. Administrative Requirements
I. What action is EPA proposing to
take?
EPA is proposing to approve a
revision to New Jersey’s ground level
ozone SIP which New Jersey submitted
on November 3, 2008, which was
published in the New Jersey Register on
November 17, 2008. The proposed SIP
revision includes an amended
regulation, New Jersey Administrative
Code (N.J.A.C.) 7:27–31 (Subchapter 31),
‘‘NOX Budget Program.’’ New Jersey
amended Subchapter 31 to allow the
continuation of New Jersey’s NOX
Budget Program beyond December 31,
2008. EPA proposes that New Jersey’s
submittal is fully approvable as a SIP
strengthening measure for New Jersey’s
ground level ozone SIP and EPA has
determined that it meets EPA guidance
and the air quality objectives of the
Clean Air Act (the Act).
This revision is being proposed under
a procedure called parallel processing,
whereby EPA proposes rulemaking
action concurrently with the State’s
procedures for amending its regulations.
If the State’s proposed revision is
substantially changed when it submits
its final rule, EPA will evaluate those
changes and may publish another notice
of proposed rulemaking. If no
substantial changes are made, EPA will
publish a final rulemaking on the
revisions. The final rulemaking action
by EPA will occur only after the
proposed SIP revision has been adopted
by New Jersey and submitted formally
to EPA for incorporation into the SIP.
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II. Why is EPA proposing this action?
EPA is proposing this action in order
to:
• Approve the continuation of a
control program which reduces NOX
emissions, a precursor to ozone, and
which therefore helps to achieve the
national ambient air quality standard for
ozone,
• Fulfill New Jersey’s and EPA’s
requirements under the Act,
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• Allow federal enforceability and
SIP credit to continue for New Jersey’s
NOX Budget Program,
• Give the public an opportunity to
submit written comments on EPA’s
action, as discussed above in the DATES
and ADDRESSES sections.
III. When did New Jersey submit the
proposed SIP revision to EPA and what
did it include?
New Jersey submitted the amended
Subchapter 31 to EPA on November 3,
2008. New Jersey’s proposed SIP
revision repeals N.J.A.C. 7:27–31.23, the
expiration of the State’s NOX Budget
Program. N.J.A.C. 7:27–31.23 currently
provides that the NOX Budget Program
would cease to exist beyond December
31, 2008, and provides for reconciliation
in the event a source has insufficient
NOX Budget allowances to meet its
obligation at the end of the program.
Therefore, upon New Jersey’s adoption,
and EPA approval, of the amended
Subchapter 31, N.J.A.C. 7:27–31.23 will
no longer apply and New Jersey’s NOX
Budget Program will continue to apply
to NOX Budget sources as of the control
period beginning in 2009 and any
control period thereafter.
IV. What guidance did EPA use to
evaluate New Jersey’s proposed SIP
revision?
To evaluate New Jersey’s proposed
SIP revision, EPA relied on information
contained in a letter, dated September 2,
2008, from Robert J. Meyers, EPA’s
Principal Deputy Assistant
Administrator, addressed to Lisa P.
Jackson, Commissioner of the New
Jersey Department of Environmental
Protection. The reader may view this
guidance document at https://
www.regulations.gov, as discussed
above in the Docket section.
V. What is the result of EPA’s
evaluation of New Jersey’s proposed
SIP revision?
EPA has evaluated New Jersey’s
proposed SIP revision submittal and
proposes to find it approvable. New
Jersey’s proposed SIP revision is
consistent with EPA’s September 2,
2008 letter which asks New Jersey to
reinstate the NOX Budget Program
before May 1, 2009. The November 3,
2008 submittal will enable New Jersey
to continue its NOX Budget Program
beyond December 31, 2008 requiring
affected sources to reduce NOX
emissions during the ozone season
control period of 2009 and beyond,
thereby helping New Jersey to attain the
national ambient air quality standard for
ozone.
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78259
VI. What is New Jersey’s NOX Budget
Program?
In response to EPA’s 1998 NOX SIP
Call regulation, New Jersey amended
Subchapter 31, ‘‘NOX Budget Program.’’
With Subchapter 31, New Jersey
established a NOX cap and allowance
trading program for the ozone season
(May 1 through September 30). New
Jersey developed the regulation in order
to reduce NOX emissions and allow its
sources to participate in EPA’s interstate
NOX allowance trading program
described in § 51.121(b)(2). Subchapter
31 establishes a statewide NOX
emissions cap of 8200 tons during the
ozone season for all affected sources.
Subchapter 31 applies to all electric
generating units with nameplate
electricity generating capacities greater
than 15 megaWatts that sell any amount
of electricity as well as any non-electric
generating units that have a heat input
capacity greater than 250 million BTUs
per hour.
For further details concerning New
Jersey’s NOX Budget Program refer to
EPA’s proposed rule 65 FR 71278
(November 30, 2000), and a corrected
proposed rule 65 FR 77695 (December
12, 2000) and EPA’s final rulemaking 66
FR 28063 (May 22, 2001) approving
Subchapter 31.
VII. Proposed Action
EPA has reviewed New Jersey’s
November 3, 2008 SIP submittal and
finds it approvable. Therefore, EPA
proposes approval of the revised
Subchapter 31 into the New Jersey SIP
at this time.
VIII. Administrative Requirements
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.);
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Proposed Rules
• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 10, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8–30378 Filed 12–19–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2007–0011; FRL–8753–6]
RIN 2060–AN72
Standards of Performance for
Petroleum Refineries for Which
Construction, Reconstruction, or
Modification Commenced After May 14,
2007
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; stay.
SUMMARY: EPA is proposing to extend
the stay of certain provisions of the new
standards of performance for petroleum
refineries. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are extending the stay as a
direct final rule without a prior
proposed rule. If we receive no adverse
comment, we will not take further
action on this proposed rule.
DATES: Written comments must be
received by January 21, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0011, by mail to Air and
Radiation Docket (2822T), 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies. Comments may also
be submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the rules section of this Federal
Register.
We request that you also send a
separate copy of each comment to the
contact persons listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Mr.
Robert B. Lucas, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Coatings and
Chemicals Group (E143–01),
Environmental Protection Agency,
Research Triangle Park, NC 27711,
telephone number: (919) 541–0884; fax
number: (919) 541–0246; e-mail address:
lucas.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed
rule?
This document proposes to take
action on the new standards of
performance for petroleum refineries at
40 CFR part 60, subpart Ja. We have
published a direct final rule extending
the stay of the provisions under
reconsideration in the ‘‘Rules and
Regulations’’ section of this Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSES section of
this document.
II. Does this action apply to me?
Categories and entities potentially
regulated by this proposed rule include:
Category
NAICS 1 code
Industry ...........................................................................................................................................
Federal government ........................................................................................................................
State/local/tribal government ..........................................................................................................
32411
............................
............................
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1 North
Examples of regulated
entities
Petroleum refiners.
Not affected.
Not affected.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by the standards for petroleum
refineries. To determine whether your
facility is regulated by this action, you
should examine the applicability
criteria in 40 CFR 60.100a. If you have
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any questions regarding the
applicability of the new source
performance standards to a particular
entity, contact the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
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III. Statutory and Executive Orders
For a complete discussion of all of the
administrative requirements applicable
to this action, see the direct final rule in
the ‘‘Rules and Regulations’’ section of
this Federal Register.
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]]>Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Proposed Rules]
[Pages 78258-78260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30378]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2008-0841, FRL-8755-5]
Approval and Promulgation of Implementation Plans; New Jersey;
Nitrogen Oxides Budget and Allowance Trading Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to New Jersey's State Implementation Plan (SIP)
submitted on November 3, 2008. The proposed SIP revision includes a
regulation that allows for continuation of New Jersey's statewide
nitrogen oxides (NOX) budget and NOX allowance
trading program beyond the year 2008. New Jersey's program began in
2003 for large electric generating units and industrial sources. The
intended effect of this proposed SIP revision is to allow the
continuation of the State's program to reduce emissions of
NOX in order to help attain the national ambient air quality
standard for ozone. EPA is proposing this action pursuant to section
110 of the Clean Air Act.
DATES: Written comments must be received on or before January 21, 2009.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2008-0841, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Werner.Raymond@epa.gov
Fax: 212-637-3901
Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2008-0841. 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 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.
Publicly available docket materials are available either electronically
in https://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. EPA requests, if at all
possible, that 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 Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New
York, New York 10007-1866, (212) 637-4249.
[[Page 78259]]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing to take?
II. Why is EPA proposing this action?
III. When did New Jersey submit the proposed SIP revision to EPA and
what did it include?
IV. What guidance did EPA use to evaluate New Jersey's proposed SIP
revision?
V. What is the result of EPA's evaluation of New Jersey's proposed
SIP revision?
VI. What is New Jersey's NOX Budget Program?
VII. Proposed Action
VIII. Administrative Requirements
I. What action is EPA proposing to take?
EPA is proposing to approve a revision to New Jersey's ground level
ozone SIP which New Jersey submitted on November 3, 2008, which was
published in the New Jersey Register on November 17, 2008. The proposed
SIP revision includes an amended regulation, New Jersey Administrative
Code (N.J.A.C.) 7:27-31 (Subchapter 31), ``NOX Budget
Program.'' New Jersey amended Subchapter 31 to allow the continuation
of New Jersey's NOX Budget Program beyond December 31, 2008.
EPA proposes that New Jersey's submittal is fully approvable as a SIP
strengthening measure for New Jersey's ground level ozone SIP and EPA
has determined that it meets EPA guidance and the air quality
objectives of the Clean Air Act (the Act).
This revision is being proposed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrently with
the State's procedures for amending its regulations. If the State's
proposed revision is substantially changed when it submits its final
rule, EPA will evaluate those changes and may publish another notice of
proposed rulemaking. If no substantial changes are made, EPA will
publish a final rulemaking on the revisions. The final rulemaking
action by EPA will occur only after the proposed SIP revision has been
adopted by New Jersey and submitted formally to EPA for incorporation
into the SIP.
II. Why is EPA proposing this action?
EPA is proposing this action in order to:
Approve the continuation of a control program which
reduces NOX emissions, a precursor to ozone, and which
therefore helps to achieve the national ambient air quality standard
for ozone,
Fulfill New Jersey's and EPA's requirements under the Act,
Allow federal enforceability and SIP credit to continue
for New Jersey's NOX Budget Program,
Give the public an opportunity to submit written comments
on EPA's action, as discussed above in the Dates and Addresses
sections.
III. When did New Jersey submit the proposed SIP revision to EPA and
what did it include?
New Jersey submitted the amended Subchapter 31 to EPA on November
3, 2008. New Jersey's proposed SIP revision repeals N.J.A.C. 7:27-
31.23, the expiration of the State's NOX Budget Program.
N.J.A.C. 7:27-31.23 currently provides that the NOX Budget
Program would cease to exist beyond December 31, 2008, and provides for
reconciliation in the event a source has insufficient NOX
Budget allowances to meet its obligation at the end of the program.
Therefore, upon New Jersey's adoption, and EPA approval, of the amended
Subchapter 31, N.J.A.C. 7:27-31.23 will no longer apply and New
Jersey's NOX Budget Program will continue to apply to
NOX Budget sources as of the control period beginning in
2009 and any control period thereafter.
IV. What guidance did EPA use to evaluate New Jersey's proposed SIP
revision?
To evaluate New Jersey's proposed SIP revision, EPA relied on
information contained in a letter, dated September 2, 2008, from Robert
J. Meyers, EPA's Principal Deputy Assistant Administrator, addressed to
Lisa P. Jackson, Commissioner of the New Jersey Department of
Environmental Protection. The reader may view this guidance document at
https://www.regulations.gov, as discussed above in the Docket section.
V. What is the result of EPA's evaluation of New Jersey's proposed SIP
revision?
EPA has evaluated New Jersey's proposed SIP revision submittal and
proposes to find it approvable. New Jersey's proposed SIP revision is
consistent with EPA's September 2, 2008 letter which asks New Jersey to
reinstate the NOX Budget Program before May 1, 2009. The
November 3, 2008 submittal will enable New Jersey to continue its
NOX Budget Program beyond December 31, 2008 requiring
affected sources to reduce NOX emissions during the ozone
season control period of 2009 and beyond, thereby helping New Jersey to
attain the national ambient air quality standard for ozone.
VI. What is New Jersey's NOX Budget Program?
In response to EPA's 1998 NOX SIP Call regulation, New
Jersey amended Subchapter 31, ``NOX Budget Program.'' With
Subchapter 31, New Jersey established a NOX cap and
allowance trading program for the ozone season (May 1 through September
30). New Jersey developed the regulation in order to reduce
NOX emissions and allow its sources to participate in EPA's
interstate NOX allowance trading program described in Sec.
51.121(b)(2). Subchapter 31 establishes a statewide NOX
emissions cap of 8200 tons during the ozone season for all affected
sources. Subchapter 31 applies to all electric generating units with
nameplate electricity generating capacities greater than 15 megaWatts
that sell any amount of electricity as well as any non-electric
generating units that have a heat input capacity greater than 250
million BTUs per hour.
For further details concerning New Jersey's NOX Budget
Program refer to EPA's proposed rule 65 FR 71278 (November 30, 2000),
and a corrected proposed rule 65 FR 77695 (December 12, 2000) and EPA's
final rulemaking 66 FR 28063 (May 22, 2001) approving Subchapter 31.
VII. Proposed Action
EPA has reviewed New Jersey's November 3, 2008 SIP submittal and
finds it approvable. Therefore, EPA proposes approval of the revised
Subchapter 31 into the New Jersey SIP at this time.
VIII. Administrative Requirements
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.);
[[Page 78260]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 10, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8-30378 Filed 12-19-08; 8:45 am]
BILLING CODE 6560-50-P
