Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan, 35734-35738 [2017-15997]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0413; FRL–9965–48–
Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
New Jersey’s regional haze progress
report, submitted on June 28, 2016, as
a revision to its State Implementation
Plan (SIP). New Jersey’s SIP revision
addresses requirements of the Clean Air
Act and its implementing regulations
that the State submit periodic reports
describing progress toward reasonable
progress goals established for regional
haze and a determination of the
adequacy of the State’s existing regional
haze SIP. New Jersey’s progress report
notes that New Jersey has implemented
the measures in the regional haze SIP
due to be in place by the date of the
progress report and that visibility in
federal Class I areas affected by
emissions from New Jersey is improving
and has already met the applicable
reasonable progress goals for 2018. The
EPA is proposing approval of New
Jersey’s determination that the State’s
regional haze SIP is adequate to meet
these reasonable progress goals for the
first implementation period, which
extends through 2018, and requires no
substantive revision at this time.
DATES: Comments must be received on
or before August 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2016–0413, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. 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
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SUMMARY:
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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:
Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249, or by
email at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA’s Evaluation of New Jersey’s SIP
Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision that evaluates progress towards
the reasonable progress goals (RPGs) for
each mandatory Class I federal area 1
(Class I area) within the state and in
each Class I area outside the state which
may be affected by emissions from
within the state. 40 CFR 51.308(g). In
addition, the provisions of 40 CFR
51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
haze SIP. The progress report SIP is due
five years after submittal of the initial
regional haze SIP. On July 28, 2009,
New Jersey submitted the State’s first
regional haze SIP in accordance with 40
CFR 51.308.2
On June 28, 2016, New Jersey
submitted as a revision to its SIP its
progress report which detailed the
progress made in the first planning
period toward implementation of the
Long Term Strategy (LTS) outlined in
the 2009 regional haze SIP submittal,
the visibility improvement measured at
Class I areas affected by emissions from
New Jersey, and a determination of the
adequacy of the State’s existing regional
haze SIP. The EPA is proposing to
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6,000
acres, wilderness areas and national memorial parks
exceeding 5,000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). Listed at 40 CFR part 81, subpart D.
2 On January 3, 2012, at 77 FR 19, EPA approved
New Jersey’s regional haze SIP submittal addressing
the requirements of the first implementation period
for regional haze.
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approve New Jersey’s June 28, 2016 SIP
submittal.
II. EPA’s Evaluation of New Jersey’s SIP
Revision
New Jersey’s report on progress made
in the first implementation period
toward reasonable progress goals for
Class I areas affected by emissions from
sources in New Jersey (also known as a
regional haze five-year progress report
or progress report) was submitted to the
EPA as a SIP revision. New Jersey has
one Class I area within its borders, the
Brigantine Wilderness Area (Brigantine).
Emissions from New Jersey’s sources
were also found to impact visibility at
several other Class I areas: Acadia
National Park and the Moosehorn
Wilderness Area in Maine, the Great
Gulf Wilderness Area and Presidential
Range/Dry River Wilderness Area in
New Hampshire, and the Lye Brook
Wilderness Area in Vermont. See 76 FR
49711 (August 11, 2011).
Through the consultation process,
New Jersey agreed to pursue the
coordinated course of action agreed to
by the Mid-Atlantic/Northeast Visibility
Union (MANE–VU) 3 to assure
reasonable progress toward preventing
any future, and remedying any existing,
impairment of visibility in the
mandatory Class I areas within the
MANE–VU region. These strategies are
commonly referred to as the MANE–VU
‘‘ask.’’ The MANE–VU ‘‘ask’’ includes: a
timely implementation of best available
retrofit technology (BART)
requirements, 90 percent or more
reduction in sulfur dioxide (SO2)
emissions at 167 electric generating
units (EGUs) ‘‘stacks’’ identified by
MANE–VU (or comparable alternative
measures), lower sulfur fuel oil (with
limits specified for each state) and
continued evaluation of other control
measures.4 In summary, New Jersey is
on track to fulfill the MANE–VU ‘‘ask’’
by meeting the deadlines for BART
requirements, as of the date of the
progress report, for all BART-eligible
3 MANE–VU is a collaborative effort of State
governments, Tribal governments, and various
federal agencies established to initiate and
coordinate activities associated with the
management of regional haze, visibility and other
air quality issues in the Northeastern United States.
Member State and Tribal governments include:
Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Penobscot
Indian Nation, Rhode Island, St. Regis Mohawk
Tribe, and Vermont.
4 The MANE–VU ‘‘ask’’ was structured around
the finding that SO2 emissions were the dominate
visibility impairing pollutant at the Northeastern
Class I areas and electrical generating units
comprised the largest SO2 emission sector. See
‘‘Regional Haze and Visibility in the Northeast and
Mid-Atlantic States,’’ January 31, 2001.
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facilities described in the progress
report, instituting 90 percent or more
control at the four New Jersey units
from the 167 EGUs identified by
MANE–VU, and evaluating control
measures including New Jersey’s
Mercury Rule, adoption of performance
standards at all coal-fired boilers in New
Jersey, adoption of the lower limits for
sulfur in fuel oil and a variety of
measures 5 developed for other
programs that support regional haze
emission reduction goals.
A. Regional Haze Progress Report
This section includes the EPA’s
analysis of New Jersey’s progress report
SIP submittal, and an explanation of the
basis of our proposed approval.
New Jersey’s 2009 regional haze SIP
included the following key measures:
control measures for the State’s five
subject-to-BART sources and control
measures for four EGUs.
New Jersey has four of the 167 EGU
stacks identified for control of sulfur
dioxide emissions in the MANE–VU
‘‘ask.’’ Each has reduced sulfur dioxide
emissions by 90 percent or more. These
sources are Mercer 1 and 2, Hudson 2
and BL England 2 (see Table 3.1 of New
Jersey’s progress report).
New Jersey’s sources that were
eligible for BART controls are: Chevron
Products, ConocoPhillips Bayway
Refinery, PSEG Hudson Generating
Station, Vineland Municipal Electric
Utility—Howard M. Down, Unit 10, and
BL England Generating Station, Units 1
and 2. As documented in Table 5.1 of
New Jersey’s progress report, each of
these sources has acted to implement
BART controls or shutdown, when these
actions were due by the date of the
progress report.
New Jersey’s progress report also
notes the implementation of the MANE–
VU ‘‘ask’’ for sulfur content of fuel oil.
The New Jersey rule,6 approved by the
EPA as part of New Jersey’s regional
haze plan, lowered the sulfur content of
all distillate fuel oils (#2 fuel oil and
lighter) to 500 parts per million (ppm)
beginning on July 1, 2014 and to 15 ppm
beginning on July 1, 2016. The sulfur
content for #4 fuel oil was lowered to
2,500 ppm and for #6 fuel oil to a range
of 3,000 to 5,000 ppm sulfur content
beginning July 1, 2014.
New Jersey’s progress report also
documented implementation of New
Jersey’s Mercury Rule, adoption of
performance standards at all coal-fired
boilers in New Jersey, and other
measures that also reduced emissions
that caused haze. Although these
measures were not relied upon as
emission reductions for the regional
haze plan, and the New Jersey progress
report did not itemize the amount of
reductions specifically from each of
these programs, these reductions are
included in the overall emission
reductions calculated for the progress
report.
In addition, the New Jersey progress
report, in chapter 7, includes the status
of SO2 emission reductions from other
states that affect Class I areas in MANE–
VU relative to the MANE–VU ‘‘ask.’’ 7
New Jersey consulted with states in the
eastern United States that affect
visibility at the Class I area at
Brigantine, outlining how they could
meet the MANE–VU ‘‘ask’’ and help
achieve the progress goals for Class I
areas in New Jersey and other MANE–
VU states. These emission reductions
were included in modeling that
predicted progress toward meeting the
reasonable progress goals. The EPA
proposes that New Jersey’s summary of
the status of implementation of
measures in its regional haze progress
report adequately addresses the
applicable provisions under 40 CFR
51.308(g), as the State demonstrated the
implementation of measures within
New Jersey, including applying BART at
eligible sources.
During the development of the
regional haze SIP for the first planning
period, MANE–VU and New Jersey
determined that SO2 was the greatest
contributor to anthropogenic visibility
impairment at the State’s Class I areas.
Therefore, the bulk of visibility
improvement achieved in the first
planning period was expected to result
from reductions in SO2 emissions from
sources inside and outside of the State.
Table 7.1 of New Jersey’s Progress
Report details the SO2 emission
reductions from 2002 to 2012 achieved
at all the EGUs in the State, using the
EPA’s Clean Air Markets Division
(CAMD) data. It demonstrates a 90
percent or greater reduction in SO2 stack
emissions for each of the four EGU
stacks. Table 1 summarizes the
reductions based on the State’s emission
inventory for 2012, compared to the
State’s projection for 2018.
TABLE 1—SO2 EMISSION REDUCTIONS FROM THE NEW JERSEY EGU STACKS OF THE MANE–VU 167 STACKS
Actual
Plant ID
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61057
61057
12202
73242
........
........
........
........
Unit ID
Unit Name
1
2
2
1
Actual 2002
emissions
(tons)
Mercer 1 .......................
Mercer 2 .......................
Hudson 2 ......................
BL England 1 ................
Goal
Actual 2012
emissions
(tons)
8,137
5,918
18,541
10,080
Percent
reduction
(2012)
(%)
105
105
139
934
Projected 2018
emissions
(tons)
99
98
99
91
Percent
Reduction
expected in 2018
(%)
814
592
1,225
274
90
90
93
97
As New Jersey has documented the
reduction of SO2 emissions by more
than 90 percent at EGU stacks located in
New Jersey, the EPA proposes to find
that New Jersey has adequately
addressed the applicable provisions of
40 CFR 51.308(g). New Jersey has
detailed the SO2 and nitrogen oxides
(NOX) reductions from the 2002 regional
haze baseline by using the most recently
available year of data at the time of the
development of New Jersey’s Progress
Report, which was 2013. In addition,
New Jersey highlighted SO2 emissions
reductions from all of New Jersey’s
EGUs during this same time period.
The provisions under 40 CFR
51.308(g) also require that states with
Class I areas within their borders
provide information on current
visibility conditions and the difference
between current visibility conditions
and baseline visibility conditions
5 Table 1 at the EPA’s proposed approval of New
Jersey’s regional haze SIP at 76 FR 49717 has the
list of measures from other programs that also
reduce the components of regional haze.
6 EPA’s approval of New Jersey’s Sulfur in Fuel
rule is noted at 40 CFR 52.1605.
7 Memorandum from NESCAUM to MANE–VU
‘‘Overview of State and Federal Actions Relative to
MANE–VU Asks’’ dated March 28, 2013. https://
www.nescaum.org/documents/summary-memomane-vu-asks-20130328-final.pdf/.
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expressed in terms of five-year averages
of these annual values.
New Jersey has one Class I area, the
Brigantine Wildlife Refuge. The
Interagency Monitoring of Protected
Visual Environments program
(IMPROVE) includes a monitoring site
located at Brigantine. New Jersey
includes data in its progress report from
the IMPROVE monitoring site to
quantify air pollutants that constitute
regional haze. Table 2 includes 2018
RPGs from the 2009 regional haze SIP
and data from IMPROVE monitors at the
Brigantine Class I area in New Jersey
and in Class I areas where visibility is
affected by emissions from New Jersey.
This includes the baseline 2000–2004
five-year average visibility, and the most
recent 2009–2013 five-year average
visibility.
TABLE 2—OBSERVED VISIBILITY VS. REASONABLE PROGRESS GOALS
(All values in deciviews)
2000–2004
5-year
average
Class I area IMPROVE* site
2009–2013
5-year
average
Met 2018
progress
goal already?
2018
Reasonable
progress goal
20% Most Impaired Days
Acadia National Park ..........................................................................................
Moosehorn Wilderness Area ** ..........................................................................
Great Gulf Wilderness Area *** ..........................................................................
Lye Brook Wilderness Area ...............................................................................
Brigantine Wilderness Area ................................................................................
22.9
21.7
22.8
24.4
29
17.9
16.8
16.7
18.8
23.8
Yes
Yes
Yes
Yes
Yes
..............
..............
..............
..............
..............
19.4
19.0
19.1
20.9
25.1
8.8
9.2
7.7
6.4
14.3
7.0
6.7
5.9
4.9
12.3
Yes
Yes
Yes
Yes
Yes
..............
..............
..............
..............
..............
8.8
9.2
7.7
6.4
14.3
20% Least Impaired Days
Acadia National Park ..........................................................................................
Moosehorn Wilderness Area ..............................................................................
Great Gulf Wilderness Area ...............................................................................
Lye Brook Wilderness Area ...............................................................................
Brigantine Wilderness Area ................................................................................
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* IMPROVE = Interagency Monitoring of Protected Visual Environments program.
** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
*** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range—Dry River Wilderness Area.
Data from Tracking Visibility Progress, posted on NESCAUM’s Web site at https://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by the latest IMPROVE data through 2013 as noted in New Jersey’s progress report.
The baseline visibility for Brigantine
was 29.0 deciviews (dv) on the 20
percent most impaired days and 14.3 dv
on the least impaired days. The most
recent five-year average visibility data
shows an improvement of 5.2 dv on the
20 percent most impaired days and 2.0
dv improvement on the 20 percent least
impaired days. New Jersey’s progress
report also demonstrates that the State
has already achieved and surpassed the
2018 RPG at Brigantine for the 20
percent most impaired days and
ensured no visibility degradation for the
20 percent least impaired days for the
first planning period. Sites at Class I
areas affected by sources in New Jersey
also have surpassed the 2018 RPGs.
The EPA proposes to find that New
Jersey provided the required
information regarding visibility
conditions to meet the applicable
provisions under 40 CFR 51.308(g)
specifically providing baseline visibility
conditions (2000–2004), current
conditions based on the most recently
available IMPROVE monitoring data
(2009–2013), and an assessment of the
change in visibility impairment at its
Class I areas.
In its progress report SIP, New Jersey
presents data from statewide emissions
inventories—New Jersey’s State Periodic
Emissions Inventory—developed for the
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years 2002 and 2011, plus projected
inventories for 2018, for SO2, NOX, fine
particles with diameters that are
generally 2.5 micrometers and smaller
(PM2.5) and volatile organic compounds
(VOCs). New Jersey’s emissions
inventories include the following source
classifications: Point, area, on-road
mobile, and non-road mobile. The
progress report also includes more
detailed information on reductions in
sulfur oxides (SOX) emissions from
EGUs, and particulate matter (PM), NOX
and SOX from BART-eligible sources.
Overall, New Jersey’s emissions that
affect visibility were reduced in all
sectors for all pollutants, except for onroad direct emissions of PM. Compared
to the 2002 emission inventory New
Jersey used to model haze, emissions in
2011 were reduced by 82 percent for
SO2, 38 percent for NOX, 23 percent for
direct PM2.5 and by 49 percent for VOCs.
New Jersey’s progress report also
compared the latest EPA modeling
inventory calculations for New Jersey
for 2018 with New Jersey’s portion of
the MANE–VU inventory used to set the
2018 progress goal for Brigantine. For
NOX, PM2.5, SO2, and VOCs, the EPA’s
modeled emissions for 2018 are lower
than the 2018 emissions used in
MANE–VU’s modeling.
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In particular, New Jersey’s emissions
from each of the four EGU stacks
addressed in its regional haze SIP were
reduced by more than 90 percent from
2002 to 2011, the latest year actual
emissions are available. Projected EGU
emissions for 2018, the end of the first
planning period, are expected to meet or
exceed the 90 percent reduction target
for each EGU stack. Actual SO2
emissions from each of the BARTeligible sources declined by more than
90 percent from 2002 to 2012. PM and
NOX emissions decreased overall, and
for each source, except for PM
emissions from the ConocoPhillips
Bayway Refinery. ConocoPhillips has
met its BART requirements, including
control of PM, but PM emissions
increased because refinery throughput
was higher in 2012 than 2002.
New Jersey’s data indicates its 2011
emissions for SO2, PM and VOCs are
lower than the 2018 emissions
projections used to model its progress
goal. Statewide NOX emissions have
decreased by 28 percent to 182,140 tons
per year by 2011, so as of 2011 they
have not reached the 2018 target of
124,100 tons per year. However,
modeling by the EPA 8 projects New
8 https://www.epa.gov/sites/production/files/
2015-11/documents/o3transportaqmodelingtsd.pdf.
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Jersey’s statewide NOX emissions to be
reduced to 106,749 tons per year by
2018, so it is likely New Jersey will meet
its emission targets by 2018.
The EPA is proposing that New Jersey
adequately addressed the provisions of
40 CFR 51.308(g). The progress report
compared the most recent updated
emission inventory data available at the
time of the development of the progress
report with the baseline emissions used
in the modeling for the regional haze
SIP.
In its progress report SIP, New Jersey
did not find any significant changes in
emissions of SOX, NOX and PM2.5 which
might have impeded or limited progress
during the first planning period. As
noted earlier, haze at Brigantine and
other Class I areas affected by emissions
from New Jersey has improved to levels
that meet or exceed the RPG. The EPA
therefore proposes to approve the New
Jersey SIP submission.
In its progress report SIP, New Jersey
concludes the elements and strategies
relied on in its original regional haze
SIP are sufficient to enable New Jersey
and neighboring states to meet all
established RPGs. As shown in Table 2,
visibility on the least impaired and most
impaired days from 2000 through 2011
has improved at all Class I areas affected
by emissions from New Jersey (and all
RPGs for 2018 have already been met).
Visibility improvement at Brigantine
has occurred for the most impaired days
and no degradation of visibility has
occurred for the least impaired days.
Therefore, New Jersey concludes
Brigantine is on track to meet the RPGs
for 2018 based on the observed visibility
improvement. The EPA proposes to
agree that New Jersey has adequately
addressed the provisions for first
planning period progress reports. The
EPA views this requirement as an
assessment that should evaluate
emissions and visibility trends and
other readily available information. In
its progress report, New Jersey described
the improving visibility trends using
data from the IMPROVE network and
the downward emissions trends in key
pollutants in the State and the MANE–
VU region. New Jersey determined its
regional haze SIP is sufficient to meet
the RPGs for its own Class I area and the
Class I areas outside the State impacted
by the State’s emissions.
New Jersey’s visibility monitoring
strategy relies upon participation in the
IMPROVE network. The IMPROVE
monitor at the Brigantine Wilderness
Area is operated and maintained
through a formal cooperative
relationship between the EPA, the U.S.
Fish and Wildlife Service, and New
Jersey’s Bureau of Monitoring. The
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IMPROVE monitor for the Brigantine
Wilderness Area is located at the edge
of the Wilderness Area. The air
monitoring data collected is
representative of the air quality within
the wilderness area but does not disturb
the wilderness area’s ecology or natural
resources. New Jersey finds that there is
no need for additional monitoring sites
or equipment. The EPA proposes to find
that New Jersey has adequately
addressed these provisions by reviewing
the State’s visibility monitoring strategy
and determining no further
modifications to the monitoring strategy
are necessary.
B. Determination of Adequacy of
Existing Regional Haze Plan
In its progress report, New Jersey
submitted a negative declaration to EPA
regarding the need for additional actions
or emission reductions in New Jersey
beyond those already in place and those
to be implemented by 2018 according to
New Jersey’s regional haze plan.
In the 2016 SIP submittal, New Jersey
determined the existing regional haze
SIP requires no further substantive
revision at this time to achieve the RPGs
for Class I areas affected by the State’s
sources. The basis for the State’s
negative declaration is the finding that
visibility has improved at all Class I
areas in the MANE–VU region. In
addition, SO2, and PM emissions from
the latest emission inventory for New
Jersey have decreased to levels below
the projections for 2018. While NOX
reductions have yet to fully meet the
2018 projections, additional substantial
NOX emission reductions are expected
by 2018, as projected by the latest EPA
modeling inventory.
The EPA proposes to conclude that
New Jersey has adequately addressed
the provisions under 40 CFR 51.308(h)
because visibility and emission trends
indicate that the Brigantine area, in
addition to all the other Class I areas
impacted by New Jersey’s sources, are
meeting or exceeding the RPGs for 2018,
and expect to continue to meet or
exceed the RPGs for 2018.
III. Proposed Action
The EPA is proposing to approve New
Jersey’s June 28, 2016 regional haze
progress report as meeting the
requirements of 40 CFR 51.308(g) and
(h).
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);
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35737
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 (Public Law 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, 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. 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,
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules
Nitrogen oxides, Particulate matter,
Regional haze, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 10, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017–15997 Filed 7–31–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2015–0498; FRL–9965–47–
Region 2]
Approval and Promulgation of
Implementation Plans; New York;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
New York State’s regional haze progress
report, submitted on June 16, 2015, as
a revision to its State Implementation
Plan (SIP). New York’s SIP revision
addresses requirements of the Clean Air
Act and its implementing regulations
that the State submit periodic reports
describing progress toward reasonable
progress goals established for regional
haze and a determination of the
adequacy of the State’s existing regional
haze SIP. New York’s progress report
notes that New York has implemented
the measures in the regional haze SIP
due to be in place by the date of the
progress report and that visibility in
federal Class I areas affected by
emissions from New York State is
improving and has already met the
applicable reasonable progress goals for
2018. The EPA is proposing approval of
New York’s determination that the
State’s regional haze SIP is adequate to
meet these reasonable progress goals for
the first implementation period, which
extends through 2018, and requires no
substantive revision at this time.
DATES: Comments must be received on
or before August 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2015–0498 to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The
Environmental Protection Agency (EPA)
may publish any comment received to
its public docket. Do not submit
mstockstill on DSK30JT082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:34 Jul 31, 2017
Jkt 241001
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:
Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249, or by
email at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA’s Evaluation of New York’s SIP
Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision that evaluates progress towards
the reasonable progress goals (RPGs) for
each mandatory Class I federal area 1
(Class I area) within the state and in
each Class I area outside the state which
may be affected by emissions from
within the state. 40 CFR 51.308(g). In
addition, the provisions of 40 CFR
51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
haze SIP. The progress report SIP for the
first planning period is due five years
after submittal of the initial regional
haze SIP. On March 15, 2010, New York
submitted the State’s first regional haze
SIP in accordance with 40 CFR 51.308.2
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6,000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). Listed at 40 CFR part 81, subpart D.
2 On August 28, 2012, at 77 FR 51915, EPA
approved New York’s regional haze SIP submittal
addressing the requirements of the first
implementation period for regional haze. The EPA
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
On June 16, 2015, New York
submitted, as a revision to its SIP, its
progress report which detailed the
progress made in the first planning
period toward implementation of the
Long Term Strategy (LTS) outlined in
the 2010 regional haze SIP submittal,
the visibility improvement measured at
Class I areas affected by emissions from
New York State, and a determination of
the adequacy of the State’s existing
regional haze SIP. The EPA is proposing
to approve New York’s June 16, 2015
SIP submittal.
II. EPA’s Evaluation of New York’s SIP
Revision
New York’s report on progress made
in the first implementation period
toward reasonable progress goals for
Class I areas affected by emissions from
sources in New York (also known as a
regional haze five-year progress report
or progress report) was submitted to the
EPA as a SIP revision. This progress
report SIP submittal also included a
determination that the State’s existing
regional haze SIP requires no
substantive revision to achieve the
established regional haze visibility
improvement and emissions reduction
goals for 2018. New York State, in
section 1.4 of its 2010 regional haze SIP
submittal, used data from the report in
Appendix A of its plan Contributions to
Regional Haze in the Northeast and
Mid-Atlantic United States, to
determine that emissions from sources
in New York State contribute to
visibility impairment in the following
Class I areas: Acadia National Park,
Maine, Brigantine Wildlife Refuge, New
Jersey, Great Gulf Wilderness Area, New
Hampshire, Lye Brook Wilderness Area,
Vermont, Moosehorn National Wildlife
Refuge, Maine, Presidential Range-Dry
River Wilderness Area, New Hampshire,
and Roosevelt-Campobello International
Park, Maine/Canada. See 77 FR 24794,
24799 (April 25, 2012). There are no
Class I areas in New York.
Through the consultation process,
New York agreed to reduce emissions by
at least the amount obtained by the
measures in the coordinated course of
action agreed to by the Mid-Atlantic/
Northeast Visibility Union (MANE–
VU) 3 to assure reasonable progress
promulgated a Federal Implementation Plan for
Best Available Retrofit Technology (BART) for two
sources where the EPA disapproved New York’s
BART determinations.
3 MANE–VU is a collaborative effort of State
governments, Tribal governments, and various
federal agencies established to initiate and
coordinate activities associated with the
management of regional haze, visibility and other
air quality issues in the Northeastern United States.
Member State and Tribal governments include:
Connecticut, Delaware, the District of Columbia,
E:\FR\FM\01AUP1.SGM
01AUP1
]]>Agencies
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Proposed Rules]
[Pages 35734-35738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15997]
[[Page 35734]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0413; FRL-9965-48-Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Regional Haze Five-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve New Jersey's regional haze progress report, submitted on June
28, 2016, as a revision to its State Implementation Plan (SIP). New
Jersey's SIP revision addresses requirements of the Clean Air Act and
its implementing regulations that the State submit periodic reports
describing progress toward reasonable progress goals established for
regional haze and a determination of the adequacy of the State's
existing regional haze SIP. New Jersey's progress report notes that New
Jersey has implemented the measures in the regional haze SIP due to be
in place by the date of the progress report and that visibility in
federal Class I areas affected by emissions from New Jersey is
improving and has already met the applicable reasonable progress goals
for 2018. The EPA is proposing approval of New Jersey's determination
that the State's regional haze SIP is adequate to meet these reasonable
progress goals for the first implementation period, which extends
through 2018, and requires no substantive revision at this time.
DATES: Comments must be received on or before August 31, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0413, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. 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: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249, or by email at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA's Evaluation of New Jersey's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the reasonable progress
goals (RPGs) for each mandatory Class I federal area \1\ (Class I area)
within the state and in each Class I area outside the state which may
be affected by emissions from within the state. 40 CFR 51.308(g). In
addition, the provisions of 40 CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g) progress report, a
determination of the adequacy of the state's existing regional haze
SIP. The progress report SIP is due five years after submittal of the
initial regional haze SIP. On July 28, 2009, New Jersey submitted the
State's first regional haze SIP in accordance with 40 CFR 51.308.\2\
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\1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81, subpart D.
\2\ On January 3, 2012, at 77 FR 19, EPA approved New Jersey's
regional haze SIP submittal addressing the requirements of the first
implementation period for regional haze.
---------------------------------------------------------------------------
On June 28, 2016, New Jersey submitted as a revision to its SIP its
progress report which detailed the progress made in the first planning
period toward implementation of the Long Term Strategy (LTS) outlined
in the 2009 regional haze SIP submittal, the visibility improvement
measured at Class I areas affected by emissions from New Jersey, and a
determination of the adequacy of the State's existing regional haze
SIP. The EPA is proposing to approve New Jersey's June 28, 2016 SIP
submittal.
II. EPA's Evaluation of New Jersey's SIP Revision
New Jersey's report on progress made in the first implementation
period toward reasonable progress goals for Class I areas affected by
emissions from sources in New Jersey (also known as a regional haze
five-year progress report or progress report) was submitted to the EPA
as a SIP revision. New Jersey has one Class I area within its borders,
the Brigantine Wilderness Area (Brigantine). Emissions from New
Jersey's sources were also found to impact visibility at several other
Class I areas: Acadia National Park and the Moosehorn Wilderness Area
in Maine, the Great Gulf Wilderness Area and Presidential Range/Dry
River Wilderness Area in New Hampshire, and the Lye Brook Wilderness
Area in Vermont. See 76 FR 49711 (August 11, 2011).
Through the consultation process, New Jersey agreed to pursue the
coordinated course of action agreed to by the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) \3\ to assure reasonable progress toward
preventing any future, and remedying any existing, impairment of
visibility in the mandatory Class I areas within the MANE-VU region.
These strategies are commonly referred to as the MANE-VU ``ask.'' The
MANE-VU ``ask'' includes: a timely implementation of best available
retrofit technology (BART) requirements, 90 percent or more reduction
in sulfur dioxide (SO2) emissions at 167 electric generating
units (EGUs) ``stacks'' identified by MANE-VU (or comparable
alternative measures), lower sulfur fuel oil (with limits specified for
each state) and continued evaluation of other control measures.\4\ In
summary, New Jersey is on track to fulfill the MANE-VU ``ask'' by
meeting the deadlines for BART requirements, as of the date of the
progress report, for all BART-eligible
[[Page 35735]]
facilities described in the progress report, instituting 90 percent or
more control at the four New Jersey units from the 167 EGUs identified
by MANE-VU, and evaluating control measures including New Jersey's
Mercury Rule, adoption of performance standards at all coal-fired
boilers in New Jersey, adoption of the lower limits for sulfur in fuel
oil and a variety of measures \5\ developed for other programs that
support regional haze emission reduction goals.
---------------------------------------------------------------------------
\3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis
Mohawk Tribe, and Vermont.
\4\ The MANE-VU ``ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at the Northeastern Class I areas and electrical
generating units comprised the largest SO2 emission
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
\5\ Table 1 at the EPA's proposed approval of New Jersey's
regional haze SIP at 76 FR 49717 has the list of measures from other
programs that also reduce the components of regional haze.
---------------------------------------------------------------------------
A. Regional Haze Progress Report
This section includes the EPA's analysis of New Jersey's progress
report SIP submittal, and an explanation of the basis of our proposed
approval.
New Jersey's 2009 regional haze SIP included the following key
measures: control measures for the State's five subject-to-BART sources
and control measures for four EGUs.
New Jersey has four of the 167 EGU stacks identified for control of
sulfur dioxide emissions in the MANE-VU ``ask.'' Each has reduced
sulfur dioxide emissions by 90 percent or more. These sources are
Mercer 1 and 2, Hudson 2 and BL England 2 (see Table 3.1 of New
Jersey's progress report).
New Jersey's sources that were eligible for BART controls are:
Chevron Products, ConocoPhillips Bayway Refinery, PSEG Hudson
Generating Station, Vineland Municipal Electric Utility--Howard M.
Down, Unit 10, and BL England Generating Station, Units 1 and 2. As
documented in Table 5.1 of New Jersey's progress report, each of these
sources has acted to implement BART controls or shutdown, when these
actions were due by the date of the progress report.
New Jersey's progress report also notes the implementation of the
MANE-VU ``ask'' for sulfur content of fuel oil. The New Jersey rule,\6\
approved by the EPA as part of New Jersey's regional haze plan, lowered
the sulfur content of all distillate fuel oils (#2 fuel oil and
lighter) to 500 parts per million (ppm) beginning on July 1, 2014 and
to 15 ppm beginning on July 1, 2016. The sulfur content for #4 fuel oil
was lowered to 2,500 ppm and for #6 fuel oil to a range of 3,000 to
5,000 ppm sulfur content beginning July 1, 2014.
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\6\ EPA's approval of New Jersey's Sulfur in Fuel rule is noted
at 40 CFR 52.1605.
---------------------------------------------------------------------------
New Jersey's progress report also documented implementation of New
Jersey's Mercury Rule, adoption of performance standards at all coal-
fired boilers in New Jersey, and other measures that also reduced
emissions that caused haze. Although these measures were not relied
upon as emission reductions for the regional haze plan, and the New
Jersey progress report did not itemize the amount of reductions
specifically from each of these programs, these reductions are included
in the overall emission reductions calculated for the progress report.
In addition, the New Jersey progress report, in chapter 7, includes
the status of SO2 emission reductions from other states that
affect Class I areas in MANE-VU relative to the MANE-VU ``ask.'' \7\
New Jersey consulted with states in the eastern United States that
affect visibility at the Class I area at Brigantine, outlining how they
could meet the MANE-VU ``ask'' and help achieve the progress goals for
Class I areas in New Jersey and other MANE-VU states. These emission
reductions were included in modeling that predicted progress toward
meeting the reasonable progress goals. The EPA proposes that New
Jersey's summary of the status of implementation of measures in its
regional haze progress report adequately addresses the applicable
provisions under 40 CFR 51.308(g), as the State demonstrated the
implementation of measures within New Jersey, including applying BART
at eligible sources.
---------------------------------------------------------------------------
\7\ Memorandum from NESCAUM to MANE-VU ``Overview of State and
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013.
https://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/.
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During the development of the regional haze SIP for the first
planning period, MANE-VU and New Jersey determined that SO2
was the greatest contributor to anthropogenic visibility impairment at
the State's Class I areas. Therefore, the bulk of visibility
improvement achieved in the first planning period was expected to
result from reductions in SO2 emissions from sources inside
and outside of the State. Table 7.1 of New Jersey's Progress Report
details the SO2 emission reductions from 2002 to 2012
achieved at all the EGUs in the State, using the EPA's Clean Air
Markets Division (CAMD) data. It demonstrates a 90 percent or greater
reduction in SO2 stack emissions for each of the four EGU
stacks. Table 1 summarizes the reductions based on the State's emission
inventory for 2012, compared to the State's projection for 2018.
Table 1--SO2 Emission Reductions From the New Jersey EGU Stacks of the MANE-VU 167 Stacks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Actual Goal
-------------------------------------------------------------------------------------
Percent
Plant ID Unit ID Unit Name Actual 2002 Actual 2012 Percent Projected 2018 Reduction
emissions emissions reduction emissions expected in 2018
(tons) (tons) (2012) (%) (tons) (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
61057............................ 1 Mercer 1............ 8,137 105 99 814 90
61057............................ 2 Mercer 2............ 5,918 105 98 592 90
12202............................ 2 Hudson 2............ 18,541 139 99 1,225 93
73242............................ 1 BL England 1........ 10,080 934 91 274 97
--------------------------------------------------------------------------------------------------------------------------------------------------------
As New Jersey has documented the reduction of SO2
emissions by more than 90 percent at EGU stacks located in New Jersey,
the EPA proposes to find that New Jersey has adequately addressed the
applicable provisions of 40 CFR 51.308(g). New Jersey has detailed the
SO2 and nitrogen oxides (NOX) reductions from the
2002 regional haze baseline by using the most recently available year
of data at the time of the development of New Jersey's Progress Report,
which was 2013. In addition, New Jersey highlighted SO2
emissions reductions from all of New Jersey's EGUs during this same
time period.
The provisions under 40 CFR 51.308(g) also require that states with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions
[[Page 35736]]
expressed in terms of five-year averages of these annual values.
New Jersey has one Class I area, the Brigantine Wildlife Refuge.
The Interagency Monitoring of Protected Visual Environments program
(IMPROVE) includes a monitoring site located at Brigantine. New Jersey
includes data in its progress report from the IMPROVE monitoring site
to quantify air pollutants that constitute regional haze. Table 2
includes 2018 RPGs from the 2009 regional haze SIP and data from
IMPROVE monitors at the Brigantine Class I area in New Jersey and in
Class I areas where visibility is affected by emissions from New
Jersey. This includes the baseline 2000-2004 five-year average
visibility, and the most recent 2009-2013 five-year average visibility.
Table 2--Observed Visibility vs. Reasonable Progress Goals
(All values in deciviews)
----------------------------------------------------------------------------------------------------------------
2018
Class I area IMPROVE* site 2000-2004 5- 2009-2013 5- Met 2018 progress goal Reasonable
year average year average already? progress goal
----------------------------------------------------------------------------------------------------------------
20% Most Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia National Park................. 22.9 17.9 Yes...................... 19.4
Moosehorn Wilderness Area **......... 21.7 16.8 Yes...................... 19.0
Great Gulf Wilderness Area ***....... 22.8 16.7 Yes...................... 19.1
Lye Brook Wilderness Area............ 24.4 18.8 Yes...................... 20.9
Brigantine Wilderness Area........... 29 23.8 Yes...................... 25.1
----------------------------------------------------------------------------------------------------------------
20% Least Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia National Park................. 8.8 7.0 Yes...................... 8.8
Moosehorn Wilderness Area............ 9.2 6.7 Yes...................... 9.2
Great Gulf Wilderness Area........... 7.7 5.9 Yes...................... 7.7
Lye Brook Wilderness Area............ 6.4 4.9 Yes...................... 6.4
Brigantine Wilderness Area........... 14.3 12.3 Yes...................... 14.3
----------------------------------------------------------------------------------------------------------------
* IMPROVE = Interagency Monitoring of Protected Visual Environments program.
** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
*** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness
Area.
Data from Tracking Visibility Progress, posted on NESCAUM's Web site at https://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by the latest IMPROVE data through 2013 as noted in New Jersey's
progress report.
The baseline visibility for Brigantine was 29.0 deciviews (dv) on
the 20 percent most impaired days and 14.3 dv on the least impaired
days. The most recent five-year average visibility data shows an
improvement of 5.2 dv on the 20 percent most impaired days and 2.0 dv
improvement on the 20 percent least impaired days. New Jersey's
progress report also demonstrates that the State has already achieved
and surpassed the 2018 RPG at Brigantine for the 20 percent most
impaired days and ensured no visibility degradation for the 20 percent
least impaired days for the first planning period. Sites at Class I
areas affected by sources in New Jersey also have surpassed the 2018
RPGs.
The EPA proposes to find that New Jersey provided the required
information regarding visibility conditions to meet the applicable
provisions under 40 CFR 51.308(g) specifically providing baseline
visibility conditions (2000-2004), current conditions based on the most
recently available IMPROVE monitoring data (2009-2013), and an
assessment of the change in visibility impairment at its Class I areas.
In its progress report SIP, New Jersey presents data from statewide
emissions inventories--New Jersey's State Periodic Emissions
Inventory--developed for the years 2002 and 2011, plus projected
inventories for 2018, for SO2, NOX, fine
particles with diameters that are generally 2.5 micrometers and smaller
(PM2.5) and volatile organic compounds (VOCs). New Jersey's
emissions inventories include the following source classifications:
Point, area, on-road mobile, and non-road mobile. The progress report
also includes more detailed information on reductions in sulfur oxides
(SOX) emissions from EGUs, and particulate matter (PM),
NOX and SOX from BART-eligible sources.
Overall, New Jersey's emissions that affect visibility were reduced
in all sectors for all pollutants, except for on-road direct emissions
of PM. Compared to the 2002 emission inventory New Jersey used to model
haze, emissions in 2011 were reduced by 82 percent for SO2,
38 percent for NOX, 23 percent for direct PM2.5
and by 49 percent for VOCs. New Jersey's progress report also compared
the latest EPA modeling inventory calculations for New Jersey for 2018
with New Jersey's portion of the MANE-VU inventory used to set the 2018
progress goal for Brigantine. For NOX, PM2.5,
SO2, and VOCs, the EPA's modeled emissions for 2018 are
lower than the 2018 emissions used in MANE-VU's modeling.
In particular, New Jersey's emissions from each of the four EGU
stacks addressed in its regional haze SIP were reduced by more than 90
percent from 2002 to 2011, the latest year actual emissions are
available. Projected EGU emissions for 2018, the end of the first
planning period, are expected to meet or exceed the 90 percent
reduction target for each EGU stack. Actual SO2 emissions
from each of the BART-eligible sources declined by more than 90 percent
from 2002 to 2012. PM and NOX emissions decreased overall,
and for each source, except for PM emissions from the ConocoPhillips
Bayway Refinery. ConocoPhillips has met its BART requirements,
including control of PM, but PM emissions increased because refinery
throughput was higher in 2012 than 2002.
New Jersey's data indicates its 2011 emissions for SO2,
PM and VOCs are lower than the 2018 emissions projections used to model
its progress goal. Statewide NOX emissions have decreased by
28 percent to 182,140 tons per year by 2011, so as of 2011 they have
not reached the 2018 target of 124,100 tons per year. However, modeling
by the EPA \8\ projects New
[[Page 35737]]
Jersey's statewide NOX emissions to be reduced to 106,749
tons per year by 2018, so it is likely New Jersey will meet its
emission targets by 2018.
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\8\ https://www.epa.gov/sites/production/files/2015-11/documents/o3transportaqmodelingtsd.pdf.
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The EPA is proposing that New Jersey adequately addressed the
provisions of 40 CFR 51.308(g). The progress report compared the most
recent updated emission inventory data available at the time of the
development of the progress report with the baseline emissions used in
the modeling for the regional haze SIP.
In its progress report SIP, New Jersey did not find any significant
changes in emissions of SOX, NOX and
PM2.5 which might have impeded or limited progress during
the first planning period. As noted earlier, haze at Brigantine and
other Class I areas affected by emissions from New Jersey has improved
to levels that meet or exceed the RPG. The EPA therefore proposes to
approve the New Jersey SIP submission.
In its progress report SIP, New Jersey concludes the elements and
strategies relied on in its original regional haze SIP are sufficient
to enable New Jersey and neighboring states to meet all established
RPGs. As shown in Table 2, visibility on the least impaired and most
impaired days from 2000 through 2011 has improved at all Class I areas
affected by emissions from New Jersey (and all RPGs for 2018 have
already been met). Visibility improvement at Brigantine has occurred
for the most impaired days and no degradation of visibility has
occurred for the least impaired days. Therefore, New Jersey concludes
Brigantine is on track to meet the RPGs for 2018 based on the observed
visibility improvement. The EPA proposes to agree that New Jersey has
adequately addressed the provisions for first planning period progress
reports. The EPA views this requirement as an assessment that should
evaluate emissions and visibility trends and other readily available
information. In its progress report, New Jersey described the improving
visibility trends using data from the IMPROVE network and the downward
emissions trends in key pollutants in the State and the MANE-VU region.
New Jersey determined its regional haze SIP is sufficient to meet the
RPGs for its own Class I area and the Class I areas outside the State
impacted by the State's emissions.
New Jersey's visibility monitoring strategy relies upon
participation in the IMPROVE network. The IMPROVE monitor at the
Brigantine Wilderness Area is operated and maintained through a formal
cooperative relationship between the EPA, the U.S. Fish and Wildlife
Service, and New Jersey's Bureau of Monitoring. The IMPROVE monitor for
the Brigantine Wilderness Area is located at the edge of the Wilderness
Area. The air monitoring data collected is representative of the air
quality within the wilderness area but does not disturb the wilderness
area's ecology or natural resources. New Jersey finds that there is no
need for additional monitoring sites or equipment. The EPA proposes to
find that New Jersey has adequately addressed these provisions by
reviewing the State's visibility monitoring strategy and determining no
further modifications to the monitoring strategy are necessary.
B. Determination of Adequacy of Existing Regional Haze Plan
In its progress report, New Jersey submitted a negative declaration
to EPA regarding the need for additional actions or emission reductions
in New Jersey beyond those already in place and those to be implemented
by 2018 according to New Jersey's regional haze plan.
In the 2016 SIP submittal, New Jersey determined the existing
regional haze SIP requires no further substantive revision at this time
to achieve the RPGs for Class I areas affected by the State's sources.
The basis for the State's negative declaration is the finding that
visibility has improved at all Class I areas in the MANE-VU region. In
addition, SO2, and PM emissions from the latest emission
inventory for New Jersey have decreased to levels below the projections
for 2018. While NOX reductions have yet to fully meet the
2018 projections, additional substantial NOX emission
reductions are expected by 2018, as projected by the latest EPA
modeling inventory.
The EPA proposes to conclude that New Jersey has adequately
addressed the provisions under 40 CFR 51.308(h) because visibility and
emission trends indicate that the Brigantine area, in addition to all
the other Class I areas impacted by New Jersey's sources, are meeting
or exceeding the RPGs for 2018, and expect to continue to meet or
exceed the RPGs for 2018.
III. Proposed Action
The EPA is proposing to approve New Jersey's June 28, 2016 regional
haze progress report as meeting the requirements of 40 CFR 51.308(g)
and (h).
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 (Public Law 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, 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. 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,
[[Page 35738]]
Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 10, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-15997 Filed 7-31-17; 8:45 am]
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