Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey, 21343-21346 [2017-09175]
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules
21343
TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
Sector Upper
Mississippi
River location
Date
Sponsor/name
29. 1 day—Last weekend in June/First
weekend in July.
30. 1 day—4th of July
weekend.
31. 1 day—4th of July
weekend.
32. 1 day—4th of July
weekend.
33. 1 day—4th of July
weekend.
34. 1 day—4th of July
weekend.
35. 2 days—2nd weekend in August.
36. 1 day—4th of July
weekend.
37. 2 days—3rd weekend of September.
38. 4 days—3rd week
of July.
39. 2 days—Weekend
that precedes Labor
Day Weekend.
40. 2 days—1st weekend of September.
41. 1 day—4th of July
weekend.
42. 2nd Weekend in
August.
43. 3rd Weekend in
August.
44. 1 day—Weekend
before Thanksgiving.
45. 1 day—4th of July
weekend.
46. 1 day—1st Weekend in June.
47. 1 day—4th Weekend in May.
48. 1 day—1st Weekend in July.
49. 1 day—1st Weekend in September.
Bellevue Heritage Days/Bellevue Heritage
Days.
Bellevue, IA ........................
Upper Mississippi River mile marker 556.0
to 556.5.
Main Street Parkway Association/Parkville
4th of July Fireworks.
Hermann Chamber of Commerce/Hermann
4th of July.
Grafton Chamber of Commerce/Grafton
Chamber 4th of July Fireworks.
Salute to America Foundation, Inc./Salute
to America.
McGregor/Marquette Chamber Commerce/
Independence Day Celebration.
Tug Committee/Great River Tug .................
Parkville, MO ......................
Missouri River mile marker 378.0 to 377.5.
Hermann, MO .....................
Missouri River mile marker 097.0 to 098.0
(Missouri).
Illinois River mile marker 001.5 to 000.5 (Illinois).
Missouri River mile marker 143.5 to 143.0
(Missouri).
Upper Mississippi River mile marker 635.7
to 634.2.
Upper Mississippi River mile marker 497.2
to 497.6 (Illinois).
St. Croix River mile marker 022.9 to 023.5
(Minnesota).
Missouri River mile marker 371.8 to 372.2.
Grafton, IL ..........................
Jefferson City, MO .............
McGregor, IA ......................
Port Byron, IL .....................
City of Stillwater/St. Croix Events/Stillwater
4th of July.
Riverside Chamber of Commerce/Riverfest
Stillwater, MN .....................
Riverside, MO .....................
St. Croix Events/Lumberjack Days .............
Stillwater, MN .....................
Lake of the Ozarks Shootout, Inc./Lake of
the Ozarks Shootout.
Lake of the Ozarks, MO .....
City of Keithsburg/Keithsburg Fireworks
Display.
City of East Moline/City of East Moline
Fireworks.
Lansing Lion’s Club/Lansing Fish Days
Fireworks.
River Action/Floatzilla ..................................
Keithsburg, IL .....................
East Moline, IA ...................
Lansing, IA .........................
Rock Island, Illinois ............
Main Street Parkway Association/Parkville
Christmas on the River.
City of Marquette/Marquette Independence
Day Celebration.
St. Louis Brewers Guild Festival Fireworks
Parkville, MO ......................
St. Louis, MO .....................
Lumiere Place/Memorial Day Fireworks .....
St. Louis, MO .....................
Lumiere Place/4th of July Fireworks ...........
St. Louis, MO .....................
Lumiere Place/Labor Day Fireworks ...........
St. Louis, MO .....................
Marquette, IA ......................
Dated March 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2017–09235 Filed 5–5–17; 8:45 am]
[Docket No., EPA–R02–OAR–2016–0766;
FRL–9961–21–Region 2]
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BILLING CODE 9110–04–P
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for Specific
Sources in the State of New Jersey
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
two revisions to the State
Implementation Plan (SIP) for ozone
SUMMARY:
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St. Croix River mile marker 022.9 to 023.5
(Minnesota).
Lake of the Ozarks mile marker 032.5 to
034.5.
Upper Mississippi River mile marker 427.5
to 427.3.
Upper Mississippi River mile marker 490.2
to 489.8.
Upper Mississippi River mile marker 662.8–
663.9.
Upper Mississippi River mile marker 479.0–
486.0.
Missouri River mile marker 377.5 to 378.0.
Upper Mississippi River mile marker 634.2
to 635.7.
Upper Mississippi River mile marker 179.2–
180.
Upper Mississippi River mile marker 180–
180.5.
Upper Mississippi River mile marker 180–
180.5.
Upper Mississippi River mile marker 180–
180.5.
submitted by the State of New Jersey.
This SIP revision consists of two sourcespecific reasonably available control
technology (RACT) determinations for
controlling oxides of nitrogen. One is for
the Transcontinental Gas Pipeline Corp.,
LNG Station 240 located in Carlstadt,
New Jersey and the other is for Joint
Base McGuire-Dix-Lakehurst in
Lakehurst, New Jersey. This action
proposes to approve the source-specific
RACT determinations that were made
by New Jersey in accordance with the
provisions of its regulation to help meet
the national ambient air quality
standard for ozone. The intended effect
of this proposed rule is to approve
source-specific emissions limitations
required by the Clean Air Act.
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules
Comments must be received on
or before June 7, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2016–0766, at https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella
gardella.anthony@epa.gov at the U.S.
Environmental Protection Agency, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, NY 10007–1866,
telephone number (212) 637–4249, fax
number (212) 637–3901.
SUPPLEMENTARY INFORMATION:
DATES:
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Table of Contents
I. The EPA’s Proposed Action
A. What action is the EPA proposing
today?
B. Why is the EPA proposing this action?
C. What are the Clean Air Act requirements
for NOX RACT?
D. What is the EPA’s evaluation of New
Jersey’s SIP Revision?
II. New Jersey’s SIP Revision
A. What are New Jersey’s NOX RACT
requirements?
B. What are New Jersey’s facility specific
NOX RACT requirements?
C. When was New Jersey’s RACT
determination proposed and adopted?
D. When was New Jersey’s proposed SIP
revision submitted to the EPA?
III. Conclusion
IV. Statutory and Executive Order Reviews
I. The EPA’s Proposed Action
A. What action is the EPA proposing
today?
The EPA is proposing to approve two
source-specific State Implementation
Plan (SIP) revisions for ozone submitted
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by the State of New Jersey. These SIP
revisions relate to New Jersey’s oxides
of nitrogen (NOX) reasonably available
control technology (RACT)
determinations for the Transcontinental
Gas Pipeline Corp., LNG Station 240
(Transco-240) located in Carlstadt, New
Jersey, Bergen County and for Joint Base
McGuire-Dix-Lakehurst (JB–MDL)
located in Lakehurst, New Jersey, Ocean
County. These SIP revisions were
submitted to the EPA for approval on
July 1, 2014 and July 25, 2016
respectively. The determinations are for
the four natural gas-fired water bath
heaters at the Transco-240 facility and
the two natural gas-fired boilers (Nos 2
and 3) at the JB–MDL facility.
B. Why is the EPA proposing this
action?
The EPA is proposing this action to:
• Give the public the opportunity to
submit comments on the EPA’s
proposed action, as discussed in the
DATES and ADDRESSES sections.
• Fulfill New Jersey’s and the EPA’s
requirements under the Clean Air Act
(Act).
• Make New Jersey’s RACT
determination federally-enforceable.
C. What are the Clean Air Act
requirements for NOX RACT?
The Act requires certain states to
develop RACT regulations for stationary
sources of NOX and to provide for the
implementation of the required
measures as soon as practicable. For
detailed information on the
requirements of the Act for NOX RACT
and for the EPA’s technical evaluation
of New Jersey’s SIP revision, see the
Technical Support Document (TSD),
prepared in support of this proposed
action. A copy of the TSD is available
in the Docket for this action, and by
contacting the individual in the For
Further Information Section.
D. What is the EPA’s evaluation of New
Jersey’s SIP revision?
The EPA has determined that New
Jersey’s proposed SIP revisions for the
NOX RACT determinations for Transco240 and JB–MDL are consistent with
New Jersey’s NOX RACT regulation and
the EPA’s guidance. The EPA’s basis for
evaluating New Jersey’s proposed SIP
revisions is whether they meet the SIP
requirements described in section 110 of
the Act. The EPA has determined that
New Jersey’s proposed SIP revisions
will not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the Act.
The EPA has determined that the NOX
emission limits identified in New
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Jersey’s Conditions of Approval
document and alternative emission limit
compliance plan represent RACT for
Transco-240 and JB–MDL respectively.
The conditions contained in these
documents currently specify emissions
limits, work practice standards, testing,
monitoring, and recordkeeping/
reporting requirements. These
conditions are consistent with the NOX
RACT requirements specified in
Subchapter 19 of Chapter 27, Title 7 of
the New Jersey Administrative Code and
conform to the EPA’s NOX RACT
guidance. More specifically, the EPA
proposes to approve the current
Conditions of Approval document for
Transco-240 which includes the
following:
1. The emission rate of NOX from each
water bath heater, while firing natural
gas, shall not exceed 0.10 pounds per
million British thermal units (lb/
MMBTU);
2. The total emission rate of NOX from
all four water bath heaters, while
combusting natural gas shall not exceed
6.7 tons per year;
3. Transco-240 shall operate the four
natural gas-fired water bath heaters for
a combined total of 1600 hours per year
or less;
4. Transco-240 shall not operate the
four water bath heaters during the ozone
season; and
5. The flue gas recirculation (FGR)
system shall operate at all times the
heater is operating.
For JB–MDL, the EPA proposes to
approve the alternative emission limit
compliance plan which includes the
following:
1. An alternative NOX Emission Limit
(AEL) of 0.1 lb/MMBTU for boiler #2
and boiler #3 pursuant to N.J.A.C.7:27–
19.13; and
2. Decrease in natural gas use from
181.43 to 108.6 million cubic feet
(MMft3) per year for boiler #2 and from
113.04 to 57 MMft3 per year for boiler
#3.
In addition, the documents for both
facilities specify the NOX emissions
limits, combustion process adjustments
mentioned above, emission testing,
monitoring, recordkeeping and
reporting requirements, which States
and sources will need to provide for
through the Title V permitting process.
II. New Jersey’s SIP Revision
A. What are New Jersey’s NOX RACT
requirements?
New Jersey’s NOX RACT requirements
are contained in Subchapter 19 entitled
‘‘Control And Prohibition of Air
Pollution From Oxides of Nitrogen’’, of
Chapter 27, Title 7 of the New Jersey
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Administrative Code. New Jersey has
made numerous revisions to Subchapter
19 since the original SIP submission.
The current SIP approved version of
Subchapter 19 was approved by the EPA
on August 3, 2010 (75 FR 45483). New
Jersey RACT requirements specify the
emission rate of NOX from each water
bath or boiler, while firing natural gas,
shall not exceed 0.10 lb/MMBTU. The
maximum allowable emission limit
becomes effective on the effective date
of EPA’s approval, as published in the
Federal Register, of New Jersey’s SIP
revision for the AEL. Until EPA’s
approval becomes effective, the
maximum allowable emission rate for
each water bath heater or boiler is 0.05
lb/MMBTU, as required by Subchapter
19.
B. What are New Jersey’s facility-specific
NOX RACT requirements?
Section 19.13 of New Jersey’s
regulation establishes a procedure for a
case-by-case determination of what
represents RACT for a major NOX
facility, item of equipment, or source
operation. This procedure applies to
facilities considered major for NOX,
which are in one of the following two
situations: (1) If the NOX facility
contains any source operation or item of
equipment of a category not listed in
section 19.2(b) or (c) which has the
potential to emit more than 10 tons of
NOX per year, or (2) if the owner or
operator of a source operation or item of
equipment of a category listed in section
19.2(b) or (c) seeks approval of an
alternative maximum allowable
emission rate. This proposal applies to
both facilities for the second situation
listed above.
New Jersey’s procedure requires
either submission of a NOX control plan,
if specific emission limitations do not
apply to the specific source, or
submission of a request for an
alternative maximum allowable
emission rate if specific emission
limitations do apply to the specific
source. In either case, the owners/
operators must include a technical and
economic feasibility analysis of the
possible alternative control measures.
Also, in either case, Subchapter 19
requires that New Jersey establish
emission limits which rely on a RACT
determination specific to the facility.
The resulting NOX control plan or
alternative maximum allowable
emission rate must be submitted to the
EPA for approval as a SIP revision.
C. When was New Jersey’s RACT
determination proposed and adopted?
New Jersey’s RACT determination for
Transco-240 was proposed on March 26,
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2014, with the public comment period
ending April 25, 2014. New Jersey
approved the RACT determination on
June 12, 2014. New Jersey’s RACT
determination for JB–MDL was
proposed on June 8, 2016, with the
public comment period ending July 8,
2016. New Jersey approved the RACT
determination on August 26, 2016. New
Jersey did not receive any comments
during either of the two comment
periods.
D. When was New Jersey’s SIP revision
submitted to the EPA?
New Jersey’s SIP revision for Transco240 was submitted to the EPA on July
1, 2014 and New Jersey’s SIP revision
for JB–MDL was submitted on July 25,
2016. By operation of law the submittals
were deemed administratively and
technically complete six months from
the submittal dates.
III. Conclusion
The EPA is proposing to approve the
New Jersey SIP revisions for alternative
RACT emission limit determinations for
the following two sources: (1) The four
water bath heaters for the
Transcontinental Gas Pipeline Corp.,
LNG Station 240 which includes sourcespecific NOX emissions limits,
combustion process adjustments,
emission testing, monitoring,
recordkeeping and reporting
requirements; and (2) the two boilers
(No’s 2 and 3) for the Joint Base
McGuire-Dix-Lakehurst which includes
source-specific NOX emissions limits,
combustion process adjustments,
emission testing, monitoring,
recordkeeping and reporting
requirements. The EPA is proposing to
approve these revisions since the
evaluated alternative control measures
at both facilities were determined not to
be economically feasible. In addition,
the revised RACT requirements will
include limits on fuel use and total
number of hours of operation at
Transcontinental Gas Pipeline Corp.,
LNG Station 240 and limits on fuel use
resulting in a decrease in natural gas use
at Joint Base McGuire-Dix-Lakehurst.
The EPA will consider all comments
submitted prior to any final rulemaking
action.
IV. 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, the EPA’s role is to
approve state choices, provided that
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21345
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the 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 the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law. Thus, Executive Order 13175
does not apply to this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules
Dated: March 23, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017–09175 Filed 5–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0648; FRL–9961–24–
Region 1]
Air Plan Approval; ME; Motor Vehicle
Fuel Requirements
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of Maine
on August 28, 2015. The SIP revision
includes a revised motor vehicle fuel
volatility regulation that has been
updated to be consistent with existing
federal regulations which require
retailers to sell reformulated gasoline
(RFG) in the counties of York,
Cumberland, Sagadahoc, Androscoggin,
Kennebec, Knox, and Lincoln, as of June
1, 2015. The intended effect of this
action is to propose approval of this
amendment into the Maine SIP. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before June 7, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0648 at https://
www.regulations.gov, or via email to
rogan.john@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
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SUMMARY:
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contact the person identified in the FOR
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: John
Rogan, Air Quality Planning Unit, U.S.
Environmental Protection Agency, New
England Regional Office, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912, telephone
(617) 918–1645, facsimile (617) 918–
0645, email rogan.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. Organization of this document.
The following outline is provided to aid
in locating information in this preamble.
FURTHER INFORMATION CONTACT
I. Background and Purpose
II. Maine’s Revisions to Its Chapter 119 Motor
Vehicle Fuel Volatility Limits
III. EPA’s Evaluation of Maine’s SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Removal of Maine’s Gasoline Volatility
Requirements in Southern Maine—
Impacts on the Boutique Fuels List
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On August 28, 2015, the Maine
Department of Environmental Protection
(DEP) submitted to the EPA a revision
to its State Implementation Plan (SIP).
The SIP revision consists of Maine’s
revised Chapter 119 Motor Vehicle Fuel
Volatility Limits. Chapter 119 was
revised to require retailers to sell
reformulated gasoline (RFG) in the
counties of York, Cumberland,
Sagadahoc, Androscoggin, Kennebec,
Knox, and Lincoln (hereinafter, the
‘‘Southern Maine Counties’’) effective
June 1, 2015. RFG is gasoline that is
blended to burn more cleanly as
compared to conventional gasoline. This
regulation was revised to be consistent
with existing federal regulations at 40
CFR part 80, subpart D.
In April, 2013, the Maine Legislature
enacted Public Law 2013 c.221 calling
for the use of RFG in the Southern
Maine Counties beginning May 1, 2014.
On July 23, 2013, the Governor of Maine
formally requested, pursuant to Clean
Air Act (CAA) section 211(k)(6)(B), that
the EPA extend the requirement for the
sale of RFG to these counties beginning
on May 1, 2014. The Maine legislature
subsequently enacted an emergency
law, Public Law 2013 c.452, effective
March 6, 2014, to postpone the
requirement for the sale of RFG in the
Southern Maine Counties until June 1,
2015. Pursuant to that legislation, the
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Commissioner of the Maine DEP
submitted a request to the EPA on
March 10, 2014, modifying Maine’s
request for the implementation date for
the sale of RFG in the Southern Maine
Counties to coincide with the new June
1, 2015 effective date.
Per Maine’s request, the EPA
extended the requirements of the RFG
program to the Southern Maine
Counties. The final rule, Regulation of
Fuels and Fuel Additives: Extension of
the Reformulated Gasoline Program to
Maine’s Southern Counties, was
published in the Federal Register on
February 6, 2015 (80 FR 6658).
II. Maine’s Revisions to Its Chapter 119
Motor Vehicle Fuel Volatility Limits
On August 28, 2015, the Maine DEP
submitted to EPA a SIP revision
containing Maine’s revised Chapter 119
Motor Vehicle Fuel Volatility Limits
rule adopted on May 21, 2015. The
rule’s prohibition on selling or
dispensing motor vehicle fuel having a
Reid Vapor Pressure (RVP) greater than
7.8 pounds per square inch (psi), in the
Southern Maine Counties, during the
period of May 1 through September 15
was revised to apply through September
15 of 2014, and a new provision,
requiring retailers who sell gasoline in
the Southern Maine Counties to only
sell RFG in those counties year round,
was added to the rule. The revisions to
Chapter 119 maintain the 9.0 psi
maximum RVP requirement in the
reminder of the State during the period
of May 1 through September 15 each
year.
III. EPA’s Evaluation of Maine’s SIP
Revision
EPA previously approved Maine’s
Chapter 119 into the Maine SIP on
March 6, 2002 (67 FR 10100). EPA has
reviewed Maine’s revised Chapter 119
Motor Vehicle Fuel Volatility Limits
rule and has concluded that Maine’s
August 28, 2015 SIP revision is
consistent with the anti-back sliding
requirements of CAA section 110(l). The
previous version of Chapter 119
currently in the Maine SIP states that in
the Southern Maine Counties ‘‘no owner
or operator shall dispense, sell, or
supply as fuel for motor vehicles a
gasoline having a RVP greater than 7.8
psi during the period of May 1 through
September 15 of each year.’’ The revised
rule instead requires RFG in the
Southern Maine Counties year-round
beginning June 1, 2015, without the 7.8
psi RVP requirement, and maintains the
9.0 psi RVP requirement in the reminder
of the State. Requiring a lower RVP for
fuels means less evaporative emissions,
and therefore removal of such a
E:\FR\FM\08MYP1.SGM
08MYP1
Agencies
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21343-21346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09175]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No., EPA-R02-OAR-2016-0766; FRL-9961-21-Region 2]
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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve two revisions to the State Implementation Plan (SIP) for ozone
submitted by the State of New Jersey. This SIP revision consists of two
source-specific reasonably available control technology (RACT)
determinations for controlling oxides of nitrogen. One is for the
Transcontinental Gas Pipeline Corp., LNG Station 240 located in
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action proposes to approve the
source-specific RACT determinations that were made by New Jersey in
accordance with the provisions of its regulation to help meet the
national ambient air quality standard for ozone. The intended effect of
this proposed rule is to approve source-specific emissions limitations
required by the Clean Air Act.
[[Page 21344]]
DATES: Comments must be received on or before June 7, 2017.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0766, at https://www.regulations.gov. Follow the on-line
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella
gardella.anthony@epa.gov at the U.S. Environmental Protection Agency,
Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866,
telephone number (212) 637-4249, fax number (212) 637-3901.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. The EPA's Proposed Action
A. What action is the EPA proposing today?
B. Why is the EPA proposing this action?
C. What are the Clean Air Act requirements for NOX
RACT?
D. What is the EPA's evaluation of New Jersey's SIP Revision?
II. New Jersey's SIP Revision
A. What are New Jersey's NOX RACT requirements?
B. What are New Jersey's facility specific NOX RACT
requirements?
C. When was New Jersey's RACT determination proposed and
adopted?
D. When was New Jersey's proposed SIP revision submitted to the
EPA?
III. Conclusion
IV. Statutory and Executive Order Reviews
I. The EPA's Proposed Action
A. What action is the EPA proposing today?
The EPA is proposing to approve two source-specific State
Implementation Plan (SIP) revisions for ozone submitted by the State of
New Jersey. These SIP revisions relate to New Jersey's oxides of
nitrogen (NOX) reasonably available control technology
(RACT) determinations for the Transcontinental Gas Pipeline Corp., LNG
Station 240 (Transco-240) located in Carlstadt, New Jersey, Bergen
County and for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in
Lakehurst, New Jersey, Ocean County. These SIP revisions were submitted
to the EPA for approval on July 1, 2014 and July 25, 2016 respectively.
The determinations are for the four natural gas-fired water bath
heaters at the Transco-240 facility and the two natural gas-fired
boilers (Nos 2 and 3) at the JB-MDL facility.
B. Why is the EPA proposing this action?
The EPA is proposing this action to:
Give the public the opportunity to submit comments on the
EPA's proposed action, as discussed in the DATES and ADDRESSES
sections.
Fulfill New Jersey's and the EPA's requirements under the
Clean Air Act (Act).
Make New Jersey's RACT determination federally-
enforceable.
C. What are the Clean Air Act requirements for NOX RACT?
The Act requires certain states to develop RACT regulations for
stationary sources of NOX and to provide for the
implementation of the required measures as soon as practicable. For
detailed information on the requirements of the Act for NOX
RACT and for the EPA's technical evaluation of New Jersey's SIP
revision, see the Technical Support Document (TSD), prepared in support
of this proposed action. A copy of the TSD is available in the Docket
for this action, and by contacting the individual in the For Further
Information Section.
D. What is the EPA's evaluation of New Jersey's SIP revision?
The EPA has determined that New Jersey's proposed SIP revisions for
the NOX RACT determinations for Transco-240 and JB-MDL are
consistent with New Jersey's NOX RACT regulation and the
EPA's guidance. The EPA's basis for evaluating New Jersey's proposed
SIP revisions is whether they meet the SIP requirements described in
section 110 of the Act. The EPA has determined that New Jersey's
proposed SIP revisions will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the Act.
The EPA has determined that the NOX emission limits
identified in New Jersey's Conditions of Approval document and
alternative emission limit compliance plan represent RACT for Transco-
240 and JB-MDL respectively. The conditions contained in these
documents currently specify emissions limits, work practice standards,
testing, monitoring, and recordkeeping/reporting requirements. These
conditions are consistent with the NOX RACT requirements
specified in Subchapter 19 of Chapter 27, Title 7 of the New Jersey
Administrative Code and conform to the EPA's NOX RACT
guidance. More specifically, the EPA proposes to approve the current
Conditions of Approval document for Transco-240 which includes the
following:
1. The emission rate of NOX from each water bath heater,
while firing natural gas, shall not exceed 0.10 pounds per million
British thermal units (lb/MMBTU);
2. The total emission rate of NOX from all four water
bath heaters, while combusting natural gas shall not exceed 6.7 tons
per year;
3. Transco-240 shall operate the four natural gas-fired water bath
heaters for a combined total of 1600 hours per year or less;
4. Transco-240 shall not operate the four water bath heaters during
the ozone season; and
5. The flue gas recirculation (FGR) system shall operate at all
times the heater is operating.
For JB-MDL, the EPA proposes to approve the alternative emission limit
compliance plan which includes the following:
1. An alternative NOX Emission Limit (AEL) of 0.1 lb/
MMBTU for boiler #2 and boiler #3 pursuant to N.J.A.C.7:27-19.13; and
2. Decrease in natural gas use from 181.43 to 108.6 million cubic
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per
year for boiler #3.
In addition, the documents for both facilities specify the
NOX emissions limits, combustion process adjustments
mentioned above, emission testing, monitoring, recordkeeping and
reporting requirements, which States and sources will need to provide
for through the Title V permitting process.
II. New Jersey's SIP Revision
A. What are New Jersey's NOX RACT requirements?
New Jersey's NOX RACT requirements are contained in
Subchapter 19 entitled ``Control And Prohibition of Air Pollution From
Oxides of Nitrogen'', of Chapter 27, Title 7 of the New Jersey
[[Page 21345]]
Administrative Code. New Jersey has made numerous revisions to
Subchapter 19 since the original SIP submission. The current SIP
approved version of Subchapter 19 was approved by the EPA on August 3,
2010 (75 FR 45483). New Jersey RACT requirements specify the emission
rate of NOX from each water bath or boiler, while firing
natural gas, shall not exceed 0.10 lb/MMBTU. The maximum allowable
emission limit becomes effective on the effective date of EPA's
approval, as published in the Federal Register, of New Jersey's SIP
revision for the AEL. Until EPA's approval becomes effective, the
maximum allowable emission rate for each water bath heater or boiler is
0.05 lb/MMBTU, as required by Subchapter 19.
B. What are New Jersey's facility-specific NOX RACT requirements?
Section 19.13 of New Jersey's regulation establishes a procedure
for a case-by-case determination of what represents RACT for a major
NOX facility, item of equipment, or source operation. This
procedure applies to facilities considered major for NOX,
which are in one of the following two situations: (1) If the
NOX facility contains any source operation or item of
equipment of a category not listed in section 19.2(b) or (c) which has
the potential to emit more than 10 tons of NOX per year, or
(2) if the owner or operator of a source operation or item of equipment
of a category listed in section 19.2(b) or (c) seeks approval of an
alternative maximum allowable emission rate. This proposal applies to
both facilities for the second situation listed above.
New Jersey's procedure requires either submission of a
NOX control plan, if specific emission limitations do not
apply to the specific source, or submission of a request for an
alternative maximum allowable emission rate if specific emission
limitations do apply to the specific source. In either case, the
owners/operators must include a technical and economic feasibility
analysis of the possible alternative control measures. Also, in either
case, Subchapter 19 requires that New Jersey establish emission limits
which rely on a RACT determination specific to the facility. The
resulting NOX control plan or alternative maximum allowable
emission rate must be submitted to the EPA for approval as a SIP
revision.
C. When was New Jersey's RACT determination proposed and adopted?
New Jersey's RACT determination for Transco-240 was proposed on
March 26, 2014, with the public comment period ending April 25, 2014.
New Jersey approved the RACT determination on June 12, 2014. New
Jersey's RACT determination for JB-MDL was proposed on June 8, 2016,
with the public comment period ending July 8, 2016. New Jersey approved
the RACT determination on August 26, 2016. New Jersey did not receive
any comments during either of the two comment periods.
D. When was New Jersey's SIP revision submitted to the EPA?
New Jersey's SIP revision for Transco-240 was submitted to the EPA
on July 1, 2014 and New Jersey's SIP revision for JB-MDL was submitted
on July 25, 2016. By operation of law the submittals were deemed
administratively and technically complete six months from the submittal
dates.
III. Conclusion
The EPA is proposing to approve the New Jersey SIP revisions for
alternative RACT emission limit determinations for the following two
sources: (1) The four water bath heaters for the Transcontinental Gas
Pipeline Corp., LNG Station 240 which includes source-specific
NOX emissions limits, combustion process adjustments,
emission testing, monitoring, recordkeeping and reporting requirements;
and (2) the two boilers (No's 2 and 3) for the Joint Base McGuire-Dix-
Lakehurst which includes source-specific NOX emissions
limits, combustion process adjustments, emission testing, monitoring,
recordkeeping and reporting requirements. The EPA is proposing to
approve these revisions since the evaluated alternative control
measures at both facilities were determined not to be economically
feasible. In addition, the revised RACT requirements will include
limits on fuel use and total number of hours of operation at
Transcontinental Gas Pipeline Corp., LNG Station 240 and limits on fuel
use resulting in a decrease in natural gas use at Joint Base McGuire-
Dix-Lakehurst. The EPA will consider all comments submitted prior to
any final rulemaking action.
IV. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the 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 the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
[[Page 21346]]
Dated: March 23, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09175 Filed 5-5-17; 8:45 am]
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