Approval and Promulgation of Implementation Plans; New Jersey; Elements for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 36816-36823 [2018-16378]
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hearulemaking/2018/. We
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hearulemaking/2018/.
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Program Authority: 20 U.S.C. 1098a.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated
to Perform the Duties of Under Secretary and
Assistant Secretary, Office of Postsecondary
Education.
[FR Doc. 2018–15929 Filed 7–30–18; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0549; FRL–9981–
62—Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
several State Implementation Plan (SIP)
revisions submitted by the State of New
Jersey for purposes of implementing
Reasonably Available Control
Technology (RACT) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The EPA is
proposing to approve New Jersey’s SIP
revision for the control and prohibition
of air pollution by volatile organic
compounds (VOCs) and control and
prohibition of air pollution by oxides of
nitrogen (NOX), as they are intended to
satisfy certain control technique
guideline (CTG) and NOX RACT
categories. The EPA is proposing to
approve New Jersey’s certification that
there are no sources within the State for
the following CTGs: Manufacture of
Vegetable Oils; Manufacture of
Pneumatic Rubber Tires; Aerospace
SUMMARY:
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Coatings; Shipbuilding and Ship Repair
Operations; Metal Furniture Coatings;
Large Appliance Coatings; and Auto and
Light Duty Truck Original Equipment
Manufacturer Assembly Coatings. In
addition, the EPA is proposing to
approve New Jersey’s RACT SIP as it
applies to non-CTG major sources of
VOCs and major sources of NOX. The
EPA is also proposing to approve the
other portions of the comprehensive SIP
revision submitted by New Jersey that
certify that the State has satisfied the
requirements for an enhanced motor
vehicle Inspection and Maintenance
program, certify that the State has
satisfied the requirements for an
emission statement program, certify that
the State has satisfied the requirements
for an ozone specific provisions
nonattainment new source review
program, and show the State has
adopted all NOX RACT and VOC RACT,
as it pertains to the 2008 8-hour ozone
NAAQS. These actions are being taken
in accordance with the requirements of
the Clean Air Act.
Written comments must be
received on or before August 30, 2018.
DATES:
Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2018–0549 at https://
www.regulations.gov. Follow the online
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.
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Omar Hammad, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3347, or by email at
Hammad.Omar@epa.gov.
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The
Supplementary Information section is
arranged as follows:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is the EPA proposing?
II. What is the background for this proposed
rulemaking?
III. What did New Jersey submit?
IV. What is the EPA’s evaluation of New
Jersey’s SIP submittals?
V. What action is the EPA proposing?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
Jersey on June 11, 2015, for purposes of
implementing Reasonably Available
Control Technology (RACT) 1 for the
2008 8-hour ozone National Ambient
Air Quality Standard (NAAQS or
standard). New Jersey’s June 11, 2015
SIP submittal consists of a showing that
the State meets the RACT requirements
for the two precursors for ground-level
ozone, i.e., oxides of nitrogen (NOX) and
volatile organic compounds (VOCs), set
forth by the Clean Air Act (CAA or Act)
with respect to the 2008 ozone standard.
This action addresses New Jersey SIP
submittals dated June 11, 2015,
December 14, 2017, and January 2, 2018.
In the June 11, 2015 SIP submittal, the
State indicates that the RACT
requirements for the 2008 ozone
NAAQS have been fulfilled with the
exception of sources subject to four
Control Techniques Guidelines (CTGs)
for source categories represented in New
Jersey: Industrial Cleaning Solvents
(EPA 453/R–06–001); Paper, Film, and
Foil Coatings (EPA 453/R–07–003);
Miscellaneous Metal and Plastic Parts
Coatings (EPA 453/R–08–003); and
Fiberglass Boat Manufacturing Materials
(EPA–453/R–08–004). The June 11, 2015
submittal also establishes new limits on
NOX emissions from existing simple
cycle combustion turbines combusting
natural gas and compressing gaseous
fuel at major NOX facilities and
stationary reciprocating engines
combusting natural gas and compressing
gaseous fuel at major NOX facilities. In
a submission received by the EPA on
December 14, 2017,2 titled ‘‘Control and
Prohibition of Air Pollution by Volatile
Organic Compounds and Oxides of
Nitrogen,’’ New Jersey indicates that the
1 The EPA has defined RACT as the lowest
emission limitation that a particular source is
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
2 Submission cover letter dated November 30,
2017.
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RACT requirements for the 2008 ozone
NAAQS have been fulfilled for sources
subject to the four CTGs identified
above that were not addressed in the
June 11, 2015 submittal. The EPA is
proposing to approve New Jersey’s June
11, 2015 RACT SIP as it applies to nonCTG major sources of VOCs and to
major sources of NOX. The EPA is
proposing to approve New Jersey’s
December 14, 2017 submittal addressing
the aforementioned four CTGs and
establishing new limits on NOX
emissions.
Also, the EPA is proposing to approve
the portions of New Jersey’s SIP revision
submitted on January 2, 2018,3 that
certifies the State has satisfied the
requirements for a motor vehicle
enhanced inspection and maintenance
(I/M) program, an emission statement
program, an ozone specific provisions
nonattainment new source review
(NNSR) program, and that the State has
adopted all applicable NOX RACT and
VOC RACT, submitted in the ‘‘1997 84
ppb and 2008 75 ppb 8-Hour Ozone
Attainment Demonstration Northern
New Jersey-New York-Connecticut
Nonattainment Area and Nonattainment
New Source Review (NNSR) Program
Compliance Certification New Jersey
Statewide’’ SIP revision.
The EPA proposes that New Jersey’s
SIP submittals are consistent with the
EPA’s guidance documents as well as
the EPA’s CTG and Alternative Control
Technique (ACT) documents and are
fully approvable as SIP-strengthening
measures for New Jersey’s ozone SIP.
II. What is the background for this
proposed rulemaking?
In 2008, the EPA revised the health
based NAAQS for ozone, setting it at
0.075 parts per million (ppm), or 75
parts per billion (ppb), averaged over an
8-hour time frame. The EPA determined
that the revised 8-hour standard would
be more protective of human health,
especially with regard to children and
adults who are active outdoors and
individuals with a pre-existing
respiratory disease such as asthma.
On May 21, 2012 (77 FR 30087), the
EPA finalized its attainment/
nonattainment designations for areas
across the country with respect to the
2008 8-hour ozone standard. This action
became effective on July 20, 2012. The
two 8-hour ozone marginal
nonattainment areas located in New
Jersey are the New York-Northern New
Jersey-Long Island, NY–NJ–CT
nonattainment area, also referred to as
the New York Metropolitan Area
3 Submission cover letter dated December 22,
2017.
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(NYMA), and the PhiladelphiaWilmington-Atlantic City, PA–NJ–MD–
DE nonattainment area. The New Jersey
portion of the NYMA is comprised of
Bergen, Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union and Warren
Counties. On May 4, 2016 (81 FR
26697), the EPA determined that the
NYMA did not attain the 2008 ozone
standard by the applicable attainment
date and is reclassified from a marginal
to a moderate nonattainment area. State
attainment plans for moderate
nonattainment areas were due by
January 1, 2017. Since the NYMA has
been reclassified to a moderate
nonattainment area, New Jersey
submitted a new RACT determination as
part of the State’s attainment
demonstration for the 2008 ozone
standard.
In areas classified as moderate or
areas located in the Ozone Transport
Region (OTR) (which includes all of
New Jersey) under the 8-hour ozone
standard, the definition for major
sources is 50 tons per year for VOC and
100 tons per year for NOX. New Jersey,
however, has an emission threshold of
25 tons per year throughout the state for
purposes of the RACT analysis which
results in a more stringent evaluation of
RACT.
Sections 172(c)(1) and 182(b)(2) of the
CAA require states to implement RACT
in areas classified as moderate (and
higher) nonattainment for ozone, while
section 184(b)(1)(B) of the CAA requires
RACT in states located in the OTR.
Specifically, these areas are required to
implement RACT for all major VOC and
NOX emission sources and for all
sources covered by a CTG. A CTG is a
document issued by the EPA which
establishes a ‘‘presumptive norm’’ for
RACT for a specific VOC source
category. A related set of documents,
ACT documents, exists primarily for
NOX control requirements. States must
submit rules or negative declarations
when the State has no such sources for
CTG source categories, but not for
sources in ACT categories. However,
RACT must be imposed on major
sources of NOX, and some of those
major sources may be within a sector
covered by an ACT document.
On March 6, 2015 (80 FR 12264), the
EPA published a final rule, herein
referred to as the ‘‘2008 ozone
implementation rule,’’ that outlined the
obligations that areas found to be in
nonattainment of the 2008 ozone
NAAQS needed to address. The 2008
ozone implementation rule contains,
among other things, a description of the
EPA’s expectations for states with RACT
obligations. The 2008 ozone
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implementation rule indicates that
states could meet RACT through the
establishment of new or more stringent
requirements that meet RACT control
levels, through a certification that
previously adopted RACT controls in
their SIP approved by the EPA under a
prior ozone NAAQS represents adequate
RACT control levels for attainment of
the 2008 ozone NAAQS, or a
combination of these two approaches. In
addition, a state must submit a negative
declaration in instances where there are
no CTG sources. The 2008 ozone
implementation rule requires that states
with nonattainment areas to submit
RACT SIPs to EPA within two years
from the effective date of nonattainment
designation or by July 20, 2014.
The 2008 ozone implementation rule
also states, among other things, that an
attainment demonstration should
consist of a list of adopted measures
(including RACT) with schedules for
implementation and other means and
techniques necessary and appropriate
for demonstrating attainment as
expeditiously as practicable but no later
than the outside attainment date for the
area’s classification. New Jersey
submitted an attainment demonstration
SIP and EPA will act on it in a separate
rulemaking.
III. What did New Jersey submit?
On June 11, 2015, the New Jersey
Department of Environmental Protection
(NJDEP) submitted to the EPA a formal
revision to its SIP. The SIP revision
consists of information documenting
how New Jersey complied with the
RACT requirements for the 2008 8-hour
ozone NAAQS, pertaining to the former
marginal classification for the NYMA. In
its June 11, 2015 submittal, New Jersey
certifies that the State’s submittal
addresses the RACT requirements for
the 2008 8-hour ozone standard except
that it does not fulfill the requirements
of the CTGs for industrial cleaning
solvents, paper film and foil coatings,
fiberglass boat manufacturing materials,
and miscellaneous metal and plastic
parts coatings and the requirements of
the ACTs for stationary reciprocating
internal combustion engines and
stationary gas turbines. In New Jersey’s
June 2015 RACT submittal, the State
commits to revise New Jersey
Administrative Code, Title 7, Chapter 27
(N.J.A.C 7:27) Subchapter 16 and
Subchapter 19 to address those
requirements in a timely manner.
On December 14, 2017, the EPA
received New Jersey’s SIP revision,
‘‘New Jersey’s Control and Prohibition
of Air Pollution by Volatile Organic
Compounds and Control and
Prohibition of Air Pollution by Oxides
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of Nitrogen.’’ 3 The December 14, 2017
submittal includes the amendment to
N.J.A.C. 7:27, Subchapter 16, ‘‘Control
and Prohibition of Air Pollution by
Volatile Organic Compounds’’ and
Subchapter 19, ‘‘Control and Prohibition
of Air Pollution by Oxides of Nitrogen’’
that New Jersey committed to propose
and adopt in their June 11, 2015
submittal.
On January 2, 2018, New Jersey
submitted, for inclusion in the SIP, the
‘‘1997 84 ppb and 2008 75 ppb 8-Hour
Ozone Attainment Demonstration
Northern New Jersey-New YorkConnecticut Nonattainment Area and
Nonattainment New Source Review
(NNSR) Program Compliance
Certification New Jersey Statewide.’’ In
the January 2, 2018 submission New
Jersey certifies, among other things, that
the State has satisfied the requirements
for an enhanced motor vehicle I/M
program, an emission statement
program, an ozone specific provisions
NNSR program, and that the State has
adopted all applicable NOX RACT and
VOC RACT for the moderate NYMA.4
In New Jersey’s June 11, 2015 RACT
submittal, the State evaluated its
existing RACT regulations which were
adopted to meet the 1997 8-hour ozone
standard to ascertain whether the same
regulations constitute RACT for the
2008 8-hour ozone standard. In making
its new 8-hour ozone RACT
determination, New Jersey referenced
EPA’s RACT guidance (‘‘Beyond
Volatile Organic Compound-Reasonably
Available Control Technology-Control
Technology Guidelines Requirements,
EPA–453/R–95–010, April 1995) and
EPA’s proposed rule ‘‘Implementation
of the 2008 National Ambient Air
Quality Standards for Ozone: State
Implementation Plan Requirements.’’ 78
FR 34178 (June 2013).5 Accordingly, the
basic framework for New Jersey’s June
11, 2015 RACT SIP determination is
described as follows:
• Identify all source categories
covered by Control Technique
Guidelines (CTG) and Alternative
Control Technique (ACT) documents.
• Identify applicable regulations that
implement RACT.
• Certify that the existing level of
controls for the 1997 8-hour ozone
standard equals RACT under the 2008 8hour ozone standard in certain cases.
3 Effective date November 6, 2017 (49 N.J.R.
3518).
4 The EPA will act on the remainder of New
Jersey’s January 2, 2018 SIP revision submittal,
including the attainment demonstrations,
Reasonable Further Progress (RFP) requirements
and other portions at a later date.
5 The EPA finalized the proposed rule. 80 FR
12264 (March 6, 2015).
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• Declare that sources covered by a
CTG and ACT do not exist within the
state and/or that RACT is not applicable
in certain cases.
• Identify and evaluate applicability
of RACT to individual sources whose
source category does not have a
presumptive emission limit covered by
a state-wide regulation.
• Identify potential RACT revisions.
In New Jersey’s June 11, 2015
submittal, the State certified that all
statewide RACT regulations, with the
exception of four CTGs and two ACTs,
with SIP approved state effective dates
prior to the date when the RACT
analysis was performed in 2015, are
RACT for the 2008 8-hour ozone
NAAQS, because the RACT
determinations issued by the State are
consistent with the most recent control
technology and economic
considerations. The State’s December
14, 2017 submittal addressed the
requirements for the four CTGs; the CTG
for ‘‘industrial cleaning solvents,’’
‘‘paper film and foil coatings,’’
‘‘fiberglass boat manufacturing
materials,’’ and ‘‘miscellaneous metal
and plastic parts coatings’’ and the two
ACTs for ‘‘stationary reciprocating
internal combustion engines’’ and
‘‘stationary gas turbines.’’ The following
discusses the results of New Jersey’s
analysis of RACT under the basic
framework identified above.
CTGs and ACTs
New Jersey reviewed its existing
RACT regulations adopted under the
1979 1-hour and 1997 8- hour ozone
standard to identify source categories
covered by the EPA’s CTG and ACT
documents. New Jersey’s 2015 RACT
SIP submittal lists the CTG and ACT
documents and corresponding State
RACT regulations that cover the CTG
and ACT sources included in New
Jersey’s emissions inventory.
In 2009, New Jersey adopted VOC and
NOX RACT for major non-CTG sources
located in the State. Those sources for
which EPA guidance was not published,
but for which the State established
RACT, include:
1. High Electric Demand Day boilers
serving EGUs [N.J.A.C. 7:27–19.4];
2. High Electric Demand Day turbines
serving EGUs [N.J.A.C. 7:27–19.5];
3. Asphalt paving production plants
[N.J.A.C. 7:27–19.9];
4. Alternative VOC control
requirements [N.J.A.C. 7:27–16.17];
5. Alternative and facility-specific
NOX emission limits [N.J.A.C. 7:27–
19.13];
6. Municipal solid waste (MSW)
incinerators [N.J.A.C. 7:27–19.12]; and
7. Sewage sludge incinerators
[N.J.A.C. 7:27–19.28].
New Jersey has determined that
currently effective emission limits for
these source categories still represent
RACT in 2015 for the marginal
classification in the NYMA for the 75
ppb ozone standard.
With the exception of the source
categories for which New Jersey has
made negative declarations, New Jersey
has implemented RACT controls statewide for all CTGs that the EPA has
issued as of June 2015 to meet the
requirements of the CAA. The following
table lists the RACT controls that have
been promulgated in N.J.A.C. 7:27 and
the corresponding EPA SIP approval
dates.
EPA latest approval
date
Title
16.2 .................................
16.3 .................................
16.6 .................................
16.7 .................................
16.12 ...............................
16.16 ...............................
16.18 ...............................
16.19 ...............................
16.20 ...............................
19.4 .................................
19.5 .................................
19.7 .................................
19.8 .................................
19.10 ...............................
23 ....................................
24 ....................................
26 ....................................
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N.J.A.C. 7:27 subchapter
VOC stationary storage tanks ..............................................................................................
Gasoline transfer operations ................................................................................................
Open top tanks and solvent cleaning operations ................................................................
Surface coating and graphic arts operations .......................................................................
Surface coating operations at mobile equipment repair and refinishing facilities ...............
Other source operations .......................................................................................................
Leak detection and repair ....................................................................................................
Application of cutback and emulsified asphalts ...................................................................
Petroleum solvent dry cleaning operations ..........................................................................
Boilers serving electric generating units ..............................................................................
Stationary combustion turbines ............................................................................................
Industrial/commercial/institutional boilers and other indirect heat exchangers ...................
Stationary reciprocating engines ..........................................................................................
Glass manufacturing furnaces .............................................................................................
Prevention of Air Pollution from Architectural Coatings Standards .....................................
Consumer products ..............................................................................................................
Prevention of Air Pollution from Adhesives, Sealants, Adhesive Primers and Sealant
Primers.
New Jersey’s June 11, 2015 RACT
submittal contains a table (see Table II–
2: RACT Certifications Based on
Existing EPA Guidance) listing all the
CTG and ACT categories (67 categories
in total) and the corresponding State
regulations or negative declarations that
address the requirements. The EPA
previously approved and incorporated
into the SIP all of the State’s regulations
identified in Table II–2 that address
CTGs and ACTs. New Jersey’s December
14, 2017 submittal fulfilled the
requirement to submit for the four CTGs
and two ACTs which are identified in
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Table II–2 as rules that had not yet been
adopted.
For many source categories, the
existing New Jersey rules have more
stringent emission limits and/or lower
thresholds of applicability than the
recommendations contained in the CTG
and ACT documents. New Jersey
considers and certifies that its SIP
approved regulations meet the RACT
requirements for the 2008 8-hour ozone
standard.
Source Categories Not Applicable in
New Jersey
In New Jersey’s 2015 submittal, by
comparing the list of existing CTGs with
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New Jersey’s effective rules, and
researching the New Jersey
Environmental Management System
(NJEMS) emission statements and
permitting database for source
categories by Standard Industrial Code
(SIC), the State certifies that the
following source-specific categories
either do not exist in this State, or fall
below significant emission unit
applicability thresholds in the CTGs: (1)
Manufacture of Vegetable Oils; 6 (2)
6 The CTG for the manufacturing of vegetable oils
was published in June 1978 (see EPA–450/2–78–
035) but in a March 1980 guidance document,
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Manufacture of Pneumatic Rubber Tires;
(3) Aerospace Coatings; (4) Shipbuilding
and Ship Repair Operations; (5) Metal
Furniture Coatings; (6) Large Appliance
Coatings; and (7) Auto and Light Duty
Truck Original Equipment Manufacturer
(OEM) Assembly Coatings.
Source-Specific RACT Determinations
A source-specific RACT
determination applies to sources that
have obtained a facility-specific
emission limit or an alternative
emission limit, i.e., a variance. A caseby-case RACT analysis is required for
sources that are not defined by a
specific source category covered by an
existing state regulation, that are
requesting a variance, or that are not
addressed by a CTG. New Jersey’s RACT
regulations at N.J.A.C. 7:27 Subchapter
19.13 for NOX and at Subchapter 16.17
for VOCs outline the process and
conditions for granting a source-specific
RACT determination. Under the CAA,
these individual source-specific RACT
determinations need to be submitted by
the State as a SIP revision for the EPA’s
approval. Therefore, New Jersey
included Table II–3 in its June 2015
RACT SIP submittal, a listing of VOC
and NOX source facilities that are
subject to a RACT source-specific SIP
revision under the 8-hour ozone SIP and
the corresponding emission limits,
control technology and applicable
regulation governing the RACT
determinations. Consistent with the
CAA, New Jersey submitted to the EPA
SIP revisions that included the sourcespecific RACT revisions identified in
Table II–3 of the 2015 RACT SIP
submittal. The EPA has approved some
of those revisions and is performing its
technical review of the remainder of the
submittals and will take separate
rulemaking actions for each of the
source-specific determinations (see 40
CFR 52.1570 (d) ‘‘EPA approved State
source-specific requirements’’).
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New Jersey’s Control and Prohibition of
Air Pollution by Volatile Organic
Compounds
New Jersey’s December 14, 2017
submittal, which included amendments
to N.J.A.C. 7:27, Subchapter 16,
addresses sources subject to four CTGs
for source categories represented in New
Jersey: Industrial Cleaning Solvents
entitled ‘‘Guidance for the Control of Volatile
Organic Compounds Emitted by Ten Selected
Source Categories,’’ the EPA advised that the ‘‘states
are not required, at this time, to develop regulations
for the vegetable oil manufacturing industry.’’ The
EPA guidance has not been revised since the March
1980 guidance. At this time, the EPA considers the
vegetable oil CTG as only guidance for states when
they need to develop attainment plans in
nonattainment areas.
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(ICS), CTG issued September 2006 (EPA
453/R–06–001); Paper, Film, and Foil
Coatings (PFFC), CTG issued September
2007 (EPA 453/R–07–003);
Miscellaneous Metal and Plastic Parts
Coatings (MMPPC), CTG issued
September 2008 (EPA 453/R–08–003);
and Fiberglass Boat Manufacturing
Materials (FBMM), CTG issued
September 2008 (EPA–453/R–08–004).
The VOC emission limits adopted by
New Jersey and set forth in Subchapter
16 are as effective in regulating the
source categories as the EPA’s CTG
documents.
Industrial Cleaning Solvents (ICS)
The EPA issued a CTG for industrial
cleaning solvents in 2006 that includes
recommended control techniques. This
category includes the industrial
cleaning solvents used by many
industries. It includes a variety of
products that are used to remove
contaminants such as adhesives, inks,
paint, dirt, soil, oil and grease. The
recommended measures for controlling
VOC emissions from the use, storage
and disposal of industrial cleaning
solvents include work practice
standards, limitations on VOC content
of the cleaning materials, and an
optional alternative limit on composite
vapor pressure of the cleaning materials.
They also include the use of add-on
controls with an overall emission
reduction of at least 85 percent by mass.
Based on the EPA CTG, New Jersey
adopted new rules N.J.A.C. 7:27–16.24
which specifies VOC content and vapor
pressure limits for solvents used in
solvent cleaning activities conducted to
remove material through wiping,
flushing, or spraying. Facilities can be
exempt by annual industrial cleaning
solvent usage, based on a purchase
limit, and by source operation type.
Compliance can be achieved by meeting
a maximum VOC content, a maximum
VOC composite vapor pressure, or a
minimum control efficiency. Applicable
facilities must implement best
management practices, which include
keeping cleaning materials in closed
containers when not in use.
Recordkeeping must be maintained
which demonstrates compliance. The
EPA proposes to find that New Jersey’s
adopted ICS rules are as effective in
regulating the source category as the
EPA’s CTG document.
Paper, Film, and Foil Coatings (PFFC)
The EPA issued a 2007 CTG for paper,
film and foil coatings. Previous Federal
actions that affected this source category
included a 1977 CTG for controlling
VOC emissions from surface coating of
paper, the 1983 new source performance
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standards (NSPS) for surface coating of
pressure sensitive tape and labels (a
subset of this category), and a 2002
National Emissions Standards for
Hazardous Air Pollutants (NESHAP) for
paper and other web coating. The EPA
recommends applying the control
recommendations for coatings only to
individual paper, film and foil surface
coating lines with the potential to emit
at least 25 tons per year (tpy) of VOC
from coatings, prior to controls. The
EPA recommends an overall VOC
control efficiency of 90 percent as RACT
for each coating line.
New Jersey adopted amendments to
N.J.A.C. 7:27–16.7, based on the CTG,
which requires paper, film, and foil
coating operations to implement best
management practices if the actual VOC
emissions exceed 15 pounds per day for
all coating operations. The EPA
proposes to find that New Jersey’s
adopted PFFC rules are as effective in
regulating the source category as the
EPA’s CTG document.
Miscellaneous Metal and Plastic Parts
Coatings (MMPPC)
The EPA issued a 2008 CTG for
miscellaneous metal and plastic parts
coatings. The CTG recommended three
options for controlling VOC emissions:
(1) VOC content limits for each coating
category based on the use of low-VOC
content coatings and specified
application methods to achieve good
transfer efficiency; (2) equivalent VOC
emission rate limits based on the use of
a combination of low-VOC coatings,
specified application methods, and addon controls; or (3) an overall VOC
control efficiency of 90 percent for
facilities that choose to use add-on
controls instead of low-VOC Content
coatings and specified application
methods. In addition, the EPA
recommended work practices to further
reduce VOC emissions from coatings as
well as to minimize emissions from
cleaning materials used in
miscellaneous metal product and plastic
part surface coating processes.
New Jersey adopted new rules at
N.J.A.C. 7:27–16.15, based on the EPA
CTG, which specify an applicability
limit of 2.7 tons of actual VOC
emissions during any consecutive 12month period from all miscellaneous
metal and plastic part coating
operations, including related cleaning
activities. Compliance can be achieved
by either meeting the maximum
allowable VOC content, achieving a
minimum 90 percent overall control
efficiency, or meeting a minimum
overall control efficiency which is based
upon the characteristics of the coating.
Exemptions include surface coating
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operations that exclusively use powder
coating and metal parts coatings which
must comply with a military
specification that has been formulated
to meet a higher, less stringent VOC
content. Applicable facilities must
implement best management practices,
which include keeping cleaning
materials in closed containers when not
in use. Recordkeeping must be
maintained which demonstrates
compliance. The EPA proposes to find
that New Jersey’s adopted MMPPC rules
are as effective in regulating the source
category as the EPA’s CTG document.7
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Fiberglass Boat Manufacturing Materials
(FBMM)
The EPA issued a CTG in 2008 that
provides control recommendations for
reducing VOC emissions from the use of
gel coats, resins, and materials used to
clean application equipment in
fiberglass boat manufacturing
operations. The CTG recommends the
use of low-VOC content (monomer and
non-monomer VOC) resin and gel coats
with specified application methods. The
CTG recommends the use of covers on
mixing containers to further reduce
VOC emissions from gel coats and
resins. The CTG also recommends the
use of low-VOC and low vapor pressure
cleaning materials. Because the CTG
recommendations are based on the 2001
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
boat manufacturing, those facilities that
are major sources of HAP are already
complying with the 2001 NESHAP and
have already adopted these control
measures. Because the 2001 NESHAP
does not apply to area sources, area
source fiberglass boat manufacturing
facilities are not currently required to
implement the measures provided in the
NESHAP and recommended in the CTG.
There are boat manufacturing facilities
in ozone nonattainment areas that meet
the applicability threshold in the CTG
and would provide VOC emission
reductions when the CTG recommended
controls are applied. These control
approaches are recommended for all
fiberglass boat manufacturing facilities
where total actual VOC emissions from
7 New Jersey’s rule includes a partial exemption
for military specification coatings from the new
VOC limits for metal parts and products, at N.J.A.C.
7:27–16.15(c)(1). N.J.A.C. 7:27–16.15(c)(3)(vii)
exempts any military specification coating that has
been formulated to meet a higher, less stringent
VOC content limit. Additional exceptions include
less stringent VOC content limits for extreme high
gloss topcoat (craft) and other substrate antifoulant
coating than those recommended in the MMPPC
CTG. This departure from the MMPPC CTG
recommendation is based on EPA guidance memo
‘‘Control Technique Guidelines for Miscellaneous
Metal and Plastic Part Coatings—Industry Request
for Reconsideration’’.
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all fiberglass boat manufacturing
operations are equal to or exceed 15
pounds per day.
New Jersey adopted new rules at
N.J.A.C. 7:27–16.14, based on the EPA
CTG, which establish an applicability
limit of actual VOC emissions, before
add-on control, of 15 pounds per day
from all fiberglass boat manufacturing
operations. Exemptions include
production of vessels that must meet
military specifications and production
of parts of boats that do not involve the
manufacture of fiberglass. Compliance
can be achieved by meeting a maximum
monomer VOC content standard,
meeting a maximum monomer VOC
mass emission rate, or installation of a
VOC control apparatus. Recordkeeping
must be maintained which demonstrates
compliance. The EPA proposes to find
that New Jersey’s adopted FBMM rules
are as effective in regulating the source
category as the EPA’s CTG document.
New Jersey’s Control and Prohibition of
Air Pollution by Oxides of Nitrogen
(Subchapter 19)
New Jersey’s December 14, 2017
submittal, which included amendments
to N.J.C.A. 7:27, Subchapter 19,
establishes more stringent limits on
NOX emissions from existing simple
cycle combustion turbines combusting
natural gas and compressing gaseous
fuel at major NOX facilities and
stationary reciprocating engines
combusting natural gas and compressing
gaseous fuel at major NOX facilities. The
EPA proposes to find that the NOx
emission limits adopted by New Jersey
and set forth in their December 14, 2017
submittal are as effective in regulating
the source categories as the EPA’s
recommendations and guidance.
Stationary Natural Gas Compressor
Turbines and Reciprocating Engines
In New Jersey’s December 14, 2017
submittal, New Jersey adopted
amendments to its rules for stationary
gas turbines and engines. New Jersey
amended N.J.A.C. 7:27–19.5 by adopting
new standards for NOX emissions from
existing simple cycle combustion
turbines combusting natural gas and
compressing gaseous fuel at major NOX
facilities (compressor turbines). The
standard provides, at 7:27–19.5(l) that,
beginning November 6, 2019, any
simple cycle combustion turbine
combustion natural gas and
compressing gaseous fuel at a major
NOX facility shall not emit more than 42
ppm by volume, dry basis (ppmvd), of
NOX corrected to 15 percent oxygen.
NJDEP amended N.J.A.C. 7:27–19.8 by
adopting new standards for NOX
emissions from stationary reciprocating
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36821
engines combusting natural gas and
compressing gaseous fuel at major NOX
facilities (compressor engines). The
standard provides, at 7:27–19.8 (g), that
beginning November 6, 2019, the owner
or operator of a two-stroke lean burn
engine capable of producing an output
of 200 brake horsepower (bhp) or more
but less than 500 bhp, combusting
natural gas, and compressing gaseous
fuel at a major NOX facility shall cause
it to emit no more than 3.0 grams NOX/
brake horsepower-hour (bhp-hr). The
standard also provides, at 7:27–19.8 (h),
that beginning November 6, 2019, the
owner or operator of a four-stroke lean
burn engine or four-stroke rich burn
engine capable of producing an output
of 200 bhp or more but less than 500
bhp, combusting natural gas, and
compressing gaseous fuel at a major
NOX facility shall cause it to emit no
more than 2.0 grams NOX/bhp-hr.
The EPA proposes to find that the
adopted rules are consistent with EPA
guidance and address NOX RACT
requirements by establishing new limits
on NOX emissions from existing simple
cycle combustion turbines combusting
natural gas and compressing gaseous
fuel at major NOX facilities and
stationary reciprocating engines
combusting natural gas and compressing
gaseous fuel at major NOX facilities.
Nitrogen Oxide (NOX) Reasonably
Available Control Technology (RACT)
and Volatile Organic Compounds (VOC)
RACT Certification
In New Jersey’s January 2, 2018
submittal, the State certified that they
have addressed RACT requirements for
the 2008 75 ppb 8-hour ozone NAAQS
supported by their June 11, 2015 and
December 14, 2017 submittals. EPA
proposes to find that New Jersey has
demonstrated that it has met the NOX
RACT and VOC RACT requirements. In
some instances, New Jersey has gone
beyond RACT by adopting control
measures more stringent than the
Federal rules and CTGs.
New Jersey’s VOC RACT rules cover
source categories such as VOC
stationary storage tanks, gasoline
transfer operations, VOC transfer
operations other than gasoline, marine
tank vessel loading and ballasting
operations, open tanks and solvent
cleaning operations, surface coating and
graphic arts operations, boilers,
stationary combustion turbines,
stationary reciprocating engines, asphalt
pavement production plants, surface
coating operations at mobile equipment
repair and finishing facilities, flares,
other source operations, leak detection
and repair, application of cutback and
emulsified asphalts, petroleum solvent
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dry cleaning operations, natural gas
pipelines, and their NOX RACT cover
source categories such as boilers serving
electric generating units, stationary
combustion turbines, industrial/
commercial/institutional boilers and
other indirect heat exchangers,
stationary reciprocating engines, asphalt
pavement production plants, glass
manufacturing furnaces, emergency
generators, municipal solid waste
(MSW) incinerators and sewage sludge
incinerators. These RACT controls that
have been promulgated in N.J.A.C. 7:27,
have been approved by the EPA as part
of New Jersey’s SIP most recently on
August 3, 2010 8 and December 22,
2010.9
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Enhanced Motor Vehicle Inspection and
Maintenance (I/M) Program
Certification
In New Jersey’s January 2, 2018
submission, the State certifies that its
state-wide rules at N.J.A.C. 7:27–14 and
15, N.J.A.C. 7:27B–4 and B–5 and the
Motor Vehicle Commission (MVC) rules
at N.J.A.C. 13:20–43, satisfy Federal
requirements for an enhanced motor
vehicle I/M Program for the 2008 75 ppb
8-hour ozone NAAQS.
Four categories of vehicles are subject
to the enhanced I/M program: light-duty
gasoline-fueled vehicles, heavy-duty
gasoline-fueled vehicles, light-duty
diesel-powered vehicles and heavy-duty
diesel-powered vehicles. Within each
category are commercial and noncommercial vehicles.
EPA approved New Jersey’s enhanced
I/M program as meeting applicable
requirements of the CAA. 67 FR 2811.
On April 3, 2009 and September 9,
2016, New Jersey adopted amendments
to its enhanced I/M Program. The EPA
approved these amendments into the
SIP. 83 FR 21174 (May 9, 2018).
Emission Statement Program
Certification
In New Jersey’s January 2018
submittal, the State certifies that its
state-wide rules at N.J.A.C. 7:27–21
satisfy Federal requirements for an
emission statement program for the
2008 75 ppb 8-hour ozone NAAQS. The
EPA most recently approved a revision
to Subchapter 21 into the SIP on August
3, 2010.10
The EPA stated in the 2008 ozone
implementation rule that if an area has
a previously approved emission
statement rule in force for the 1997
ozone NAAQS or the 1-hour ozone
NAAQS that covers all portions of the
8 75
FR 45483.
FR 80340.
10 75 FR 45483.
nonattainment area for the 2008 ozone
NAAQS, such rule should be sufficient
for purposes of the emissions statement
requirement for the 2008 ozone NAAQS.
N.J.A.C. 7:27–21 requires the
submission of annual emission
statements from major facilities. From
these statements, the Department
develops reports of emissions of all
criteria pollutants and submits them to
the EPA pursuant to the Federal Air
Emission Reporting Requirements
(AERR) Rule for uploading to the EPA’s
National Emission Inventory (NEI).
Federal Nonattainment New Source
Review (NNSR) Program Certification
In New Jersey’s January 2018
submission, the State certifies that its
existing state-wide NNSR rules codified
at N.J.A.C. 7:27–18, which regulate the
New Jersey portions of the Northern NJ–
NY–CT and Southern NJ–PA–DE–MD
Nonattainment Areas for the 2008 75
ppb 8-hour ozone NAAQS are at least as
stringent as the Federal requirements at
40 CFR 51.165 for ozone and its
precursors. See 80 FR 12264 (March 6,
2015). The EPA most recently approved
a revision to Subchapter 18 into the SIP
on July 25, 1996.11 New Jersey’s
demonstration that its NNSR rules
comply with the ozone specific Federal
provisions is provided in Table 8–2 of
its submission.
IV. What is the EPA’s evaluation of
New Jersey’s SIP submittals?
New Jersey submitted a state-wide
RACT assessment on June 11, 2015. The
RACT submission from New Jersey
consists of: (1) A certification that
previously adopted RACT controls in
New Jersey’s SIP for various source
categories that were approved by the
EPA under the 1-hour and the 1997 8hour ozone standards are based on the
currently available technically and
economically feasible controls and that
they continue to represent RACT for the
2008 8-hour ozone standard for
implementation purposes; (2) New
Jersey’s 14 existing case-by-case source
specific limits, approved by the EPA for
the 1997 8-hour ozone standard, which
New Jersey indicates continue to meet
RACT for the 2008 8-hour ozone
standard; (3) a negative declaration that
for certain CTGs and/or ACTs there are
no sources within New Jersey or that
there are no sources within New Jersey
above the applicability threshold; and
(4) a commitment to revise and adopt,
and submit as a SIP revision, a new or
more stringent regulation(s),
incorporating four CTGs, if determined
to be more effective than current New
9 75
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11 61
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Jersey requirements, and to consider
further limiting NOX emissions from
natural gas compressor engines and
turbines. New Jersey’s December 14,
2017 submittal addresses the
commitment for the four CTGs and two
ACTs. New Jersey’s January 8, 2018 SIP
revision submittal certified, among
other things, that the State’s NOX RACT,
VOC RACT, enhanced I/M program,
emission statement program and ozone
specific provisions NNSR program
satisfy Federal regulations and are at
least as stringent as the Federal
requirements.
The EPA has reviewed New Jersey’s
RACT analysis including the state-wide
RACT analysis submitted on June 11,
2015, the December 14, 2017 revisions
and the January 2, 2018 certification
that the State has adopted all applicable
NOX RACT and VOC RACT. EPA
proposes to find that these submissions
fully address the OTR RACT
requirements, the moderate RACT
requirements for the NYMA and address
the RACT requirements consistent with
sections 172(c)(1), 182(b)(2) and 182(f)
of the CAA, as interpreted by the EPA’s
regulations, guidance and policies. Also,
the EPA has reviewed portions of New
Jersey’s January 2, 2018 SIP submittal
that certify the State has satisfied the
requirements for an enhanced motor
vehicle I/M program, an emission
statement program and an ozone
specific provisions NNSR program, and
the EPA is proposing to approve the
State’s certifications.
V. What action is the EPA proposing?
The EPA has evaluated the
information provided by New Jersey and
is proposing to approve New Jersey’s
state-wide RACT submittal dated June
11, 2015 and the State’s December 14,
2017 SIP revision rule, which include a
declaration that the following sourcespecific categories either do not exist in
this State, or fall below significant
emission unit applicability thresholds
in the CTGs: (1) Manufacture of
Vegetable Oils; (2) Manufacture of
Pneumatic Rubber Tires; (3) Aerospace
Coatings; (4) Shipbuilding and Ship
Repair Operations; (5) Metal Furniture
Coatings; (6) Large Appliance Coatings;
and (7) Auto and Light Duty Truck
Original Equipment Manufacturer
(OEM) Assembly Coatings. The
submittals also include amendments to
N.J.A.C. 7:27, Subchapter 16, ‘‘Control
and Prohibition of Air Pollution by
Volatile Organic Compounds,’’
Subchapter 19, ‘‘Control and Prohibition
of Air Pollution by Oxides of
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Nitrogen,’’ 12 for purposes of satisfying
the 2008 8-hour ozone standard RACT
requirements, NOX RACT for major
sources, Non-CTG VOC RACT for major
sources, all VOC CTG RACT sources
and relevant OTR RACT requirements.
The EPA is also proposing to approve
portions of New Jersey’s January 2, 2018
SIP revision that certifies the State has
satisfied the requirements for an
enhanced motor vehicle I/M program,
an emission statement program, an
ozone specific provisions NNSR
program. As indicated in footnote 5,
above, the EPA will address the
remainder of the January 2, 2018 SIP
submittal in a separate rulemaking.
The EPA is soliciting public
comments on the issues discussed in
this proposal. These comments will be
considered before the EPA takes final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments as discussed in the
ADDRESSES section of this rulemaking.
daltland on DSKBBV9HB2PROD with PROPOSALS
VI. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference of
revisions to Title 7, Chapter 27:
Subchapters 16 and 19 of the New
Jersey Administrative Code that
implements New Jersey’s RACT
regulations for VOCs and NOX, as
described in section III of this preamble.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 2 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
12 State Effective dates for both rules is November
6, 2017 (49 N.J.R. 3518).
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16:40 Jul 30, 2018
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of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 382,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are exempt
under Executive Order 12866;
• 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 CAA; 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 proposed rulemaking
action, pertaining to New Jersey’s 2008
8-hour ozone RACT submission the is
not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
36823
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018–16378 Filed 7–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0550; FRL–9981–
60—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; 2018 Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of West Virginia.
This revision updates the effective date
by which the state incorporates by
reference the national ambient air
quality standards (NAAQS) as well as
their monitoring reference and
equivalent methods. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before August 30, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0550 at https://
www.regulations.gov, or via email to
spielberger.susan@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, 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. 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 contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
SUMMARY:
E:\FR\FM\31JYP1.SGM
31JYP1
]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36816-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16378]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0549; FRL-9981-62--Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve several State Implementation Plan (SIP) revisions submitted by
the State of New Jersey for purposes of implementing Reasonably
Available Control Technology (RACT) for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). The EPA is proposing to approve
New Jersey's SIP revision for the control and prohibition of air
pollution by volatile organic compounds (VOCs) and control and
prohibition of air pollution by oxides of nitrogen (NOX), as
they are intended to satisfy certain control technique guideline (CTG)
and NOX RACT categories. The EPA is proposing to approve New
Jersey's certification that there are no sources within the State for
the following CTGs: Manufacture of Vegetable Oils; Manufacture of
Pneumatic Rubber Tires; Aerospace
[[Page 36817]]
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA
is proposing to approve New Jersey's RACT SIP as it applies to non-CTG
major sources of VOCs and major sources of NOX. The EPA is
also proposing to approve the other portions of the comprehensive SIP
revision submitted by New Jersey that certify that the State has
satisfied the requirements for an enhanced motor vehicle Inspection and
Maintenance program, certify that the State has satisfied the
requirements for an emission statement program, certify that the State
has satisfied the requirements for an ozone specific provisions
nonattainment new source review program, and show the State has adopted
all NOX RACT and VOC RACT, as it pertains to the 2008 8-hour
ozone NAAQS. These actions are being taken in accordance with the
requirements of the Clean Air Act.
DATES: Written comments must be received on or before August 30, 2018.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0549 at https://www.regulations.gov. Follow the online
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: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New Jersey submit?
IV. What is the EPA's evaluation of New Jersey's SIP submittals?
V. What action is the EPA proposing?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of New Jersey on June 11, 2015, for
purposes of implementing Reasonably Available Control Technology (RACT)
\1\ for the 2008 8-hour ozone National Ambient Air Quality Standard
(NAAQS or standard). New Jersey's June 11, 2015 SIP submittal consists
of a showing that the State meets the RACT requirements for the two
precursors for ground-level ozone, i.e., oxides of nitrogen
(NOX) and volatile organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with respect to the 2008 ozone standard.
---------------------------------------------------------------------------
\1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
---------------------------------------------------------------------------
This action addresses New Jersey SIP submittals dated June 11,
2015, December 14, 2017, and January 2, 2018. In the June 11, 2015 SIP
submittal, the State indicates that the RACT requirements for the 2008
ozone NAAQS have been fulfilled with the exception of sources subject
to four Control Techniques Guidelines (CTGs) for source categories
represented in New Jersey: Industrial Cleaning Solvents (EPA 453/R-06-
001); Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous
Metal and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass
Boat Manufacturing Materials (EPA-453/R-08-004). The June 11, 2015
submittal also establishes new limits on NOX emissions from
existing simple cycle combustion turbines combusting natural gas and
compressing gaseous fuel at major NOX facilities and
stationary reciprocating engines combusting natural gas and compressing
gaseous fuel at major NOX facilities. In a submission
received by the EPA on December 14, 2017,\2\ titled ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds and Oxides
of Nitrogen,'' New Jersey indicates that the RACT requirements for the
2008 ozone NAAQS have been fulfilled for sources subject to the four
CTGs identified above that were not addressed in the June 11, 2015
submittal. The EPA is proposing to approve New Jersey's June 11, 2015
RACT SIP as it applies to non-CTG major sources of VOCs and to major
sources of NOX. The EPA is proposing to approve New Jersey's
December 14, 2017 submittal addressing the aforementioned four CTGs and
establishing new limits on NOX emissions.
---------------------------------------------------------------------------
\2\ Submission cover letter dated November 30, 2017.
---------------------------------------------------------------------------
Also, the EPA is proposing to approve the portions of New Jersey's
SIP revision submitted on January 2, 2018,\3\ that certifies the State
has satisfied the requirements for a motor vehicle enhanced inspection
and maintenance (I/M) program, an emission statement program, an ozone
specific provisions nonattainment new source review (NNSR) program, and
that the State has adopted all applicable NOX RACT and VOC
RACT, submitted in the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone
Attainment Demonstration Northern New Jersey-New York-Connecticut
Nonattainment Area and Nonattainment New Source Review (NNSR) Program
Compliance Certification New Jersey Statewide'' SIP revision.
---------------------------------------------------------------------------
\3\ Submission cover letter dated December 22, 2017.
---------------------------------------------------------------------------
The EPA proposes that New Jersey's SIP submittals are consistent
with the EPA's guidance documents as well as the EPA's CTG and
Alternative Control Technique (ACT) documents and are fully approvable
as SIP-strengthening measures for New Jersey's ozone SIP.
II. What is the background for this proposed rulemaking?
In 2008, the EPA revised the health based NAAQS for ozone, setting
it at 0.075 parts per million (ppm), or 75 parts per billion (ppb),
averaged over an 8-hour time frame. The EPA determined that the revised
8-hour standard would be more protective of human health, especially
with regard to children and adults who are active outdoors and
individuals with a pre-existing respiratory disease such as asthma.
On May 21, 2012 (77 FR 30087), the EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 2008 8-hour ozone standard. This action became effective on July
20, 2012. The two 8-hour ozone marginal nonattainment areas located in
New Jersey are the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area, also referred to as the New York Metropolitan Area
[[Page 36818]]
(NYMA), and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment area. The New Jersey portion of the NYMA is comprised of
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union and Warren Counties. On May 4, 2016 (81 FR
26697), the EPA determined that the NYMA did not attain the 2008 ozone
standard by the applicable attainment date and is reclassified from a
marginal to a moderate nonattainment area. State attainment plans for
moderate nonattainment areas were due by January 1, 2017. Since the
NYMA has been reclassified to a moderate nonattainment area, New Jersey
submitted a new RACT determination as part of the State's attainment
demonstration for the 2008 ozone standard.
In areas classified as moderate or areas located in the Ozone
Transport Region (OTR) (which includes all of New Jersey) under the 8-
hour ozone standard, the definition for major sources is 50 tons per
year for VOC and 100 tons per year for NOX. New Jersey,
however, has an emission threshold of 25 tons per year throughout the
state for purposes of the RACT analysis which results in a more
stringent evaluation of RACT.
Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in areas classified as moderate (and higher)
nonattainment for ozone, while section 184(b)(1)(B) of the CAA requires
RACT in states located in the OTR. Specifically, these areas are
required to implement RACT for all major VOC and NOX
emission sources and for all sources covered by a CTG. A CTG is a
document issued by the EPA which establishes a ``presumptive norm'' for
RACT for a specific VOC source category. A related set of documents,
ACT documents, exists primarily for NOX control
requirements. States must submit rules or negative declarations when
the State has no such sources for CTG source categories, but not for
sources in ACT categories. However, RACT must be imposed on major
sources of NOX, and some of those major sources may be
within a sector covered by an ACT document.
On March 6, 2015 (80 FR 12264), the EPA published a final rule,
herein referred to as the ``2008 ozone implementation rule,'' that
outlined the obligations that areas found to be in nonattainment of the
2008 ozone NAAQS needed to address. The 2008 ozone implementation rule
contains, among other things, a description of the EPA's expectations
for states with RACT obligations. The 2008 ozone implementation rule
indicates that states could meet RACT through the establishment of new
or more stringent requirements that meet RACT control levels, through a
certification that previously adopted RACT controls in their SIP
approved by the EPA under a prior ozone NAAQS represents adequate RACT
control levels for attainment of the 2008 ozone NAAQS, or a combination
of these two approaches. In addition, a state must submit a negative
declaration in instances where there are no CTG sources. The 2008 ozone
implementation rule requires that states with nonattainment areas to
submit RACT SIPs to EPA within two years from the effective date of
nonattainment designation or by July 20, 2014.
The 2008 ozone implementation rule also states, among other things,
that an attainment demonstration should consist of a list of adopted
measures (including RACT) with schedules for implementation and other
means and techniques necessary and appropriate for demonstrating
attainment as expeditiously as practicable but no later than the
outside attainment date for the area's classification. New Jersey
submitted an attainment demonstration SIP and EPA will act on it in a
separate rulemaking.
III. What did New Jersey submit?
On June 11, 2015, the New Jersey Department of Environmental
Protection (NJDEP) submitted to the EPA a formal revision to its SIP.
The SIP revision consists of information documenting how New Jersey
complied with the RACT requirements for the 2008 8-hour ozone NAAQS,
pertaining to the former marginal classification for the NYMA. In its
June 11, 2015 submittal, New Jersey certifies that the State's
submittal addresses the RACT requirements for the 2008 8-hour ozone
standard except that it does not fulfill the requirements of the CTGs
for industrial cleaning solvents, paper film and foil coatings,
fiberglass boat manufacturing materials, and miscellaneous metal and
plastic parts coatings and the requirements of the ACTs for stationary
reciprocating internal combustion engines and stationary gas turbines.
In New Jersey's June 2015 RACT submittal, the State commits to revise
New Jersey Administrative Code, Title 7, Chapter 27 (N.J.A.C 7:27)
Subchapter 16 and Subchapter 19 to address those requirements in a
timely manner.
On December 14, 2017, the EPA received New Jersey's SIP revision,
``New Jersey's Control and Prohibition of Air Pollution by Volatile
Organic Compounds and Control and Prohibition of Air Pollution by
Oxides of Nitrogen.'' \3\ The December 14, 2017 submittal includes the
amendment to N.J.A.C. 7:27, Subchapter 16, ``Control and Prohibition of
Air Pollution by Volatile Organic Compounds'' and Subchapter 19,
``Control and Prohibition of Air Pollution by Oxides of Nitrogen'' that
New Jersey committed to propose and adopt in their June 11, 2015
submittal.
---------------------------------------------------------------------------
\3\ Effective date November 6, 2017 (49 N.J.R. 3518).
---------------------------------------------------------------------------
On January 2, 2018, New Jersey submitted, for inclusion in the SIP,
the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone Attainment Demonstration
Northern New Jersey-New York-Connecticut Nonattainment Area and
Nonattainment New Source Review (NNSR) Program Compliance Certification
New Jersey Statewide.'' In the January 2, 2018 submission New Jersey
certifies, among other things, that the State has satisfied the
requirements for an enhanced motor vehicle I/M program, an emission
statement program, an ozone specific provisions NNSR program, and that
the State has adopted all applicable NOX RACT and VOC RACT
for the moderate NYMA.\4\
---------------------------------------------------------------------------
\4\ The EPA will act on the remainder of New Jersey's January 2,
2018 SIP revision submittal, including the attainment
demonstrations, Reasonable Further Progress (RFP) requirements and
other portions at a later date.
---------------------------------------------------------------------------
In New Jersey's June 11, 2015 RACT submittal, the State evaluated
its existing RACT regulations which were adopted to meet the 1997 8-
hour ozone standard to ascertain whether the same regulations
constitute RACT for the 2008 8-hour ozone standard. In making its new
8-hour ozone RACT determination, New Jersey referenced EPA's RACT
guidance (``Beyond Volatile Organic Compound-Reasonably Available
Control Technology-Control Technology Guidelines Requirements, EPA-453/
R-95-010, April 1995) and EPA's proposed rule ``Implementation of the
2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements.'' 78 FR 34178 (June 2013).\5\
Accordingly, the basic framework for New Jersey's June 11, 2015 RACT
SIP determination is described as follows:
---------------------------------------------------------------------------
\5\ The EPA finalized the proposed rule. 80 FR 12264 (March 6,
2015).
---------------------------------------------------------------------------
Identify all source categories covered by Control
Technique Guidelines (CTG) and Alternative Control Technique (ACT)
documents.
Identify applicable regulations that implement RACT.
Certify that the existing level of controls for the 1997
8-hour ozone standard equals RACT under the 2008 8-hour ozone standard
in certain cases.
[[Page 36819]]
Declare that sources covered by a CTG and ACT do not exist
within the state and/or that RACT is not applicable in certain cases.
Identify and evaluate applicability of RACT to individual
sources whose source category does not have a presumptive emission
limit covered by a state-wide regulation.
Identify potential RACT revisions.
In New Jersey's June 11, 2015 submittal, the State certified that
all statewide RACT regulations, with the exception of four CTGs and two
ACTs, with SIP approved state effective dates prior to the date when
the RACT analysis was performed in 2015, are RACT for the 2008 8-hour
ozone NAAQS, because the RACT determinations issued by the State are
consistent with the most recent control technology and economic
considerations. The State's December 14, 2017 submittal addressed the
requirements for the four CTGs; the CTG for ``industrial cleaning
solvents,'' ``paper film and foil coatings,'' ``fiberglass boat
manufacturing materials,'' and ``miscellaneous metal and plastic parts
coatings'' and the two ACTs for ``stationary reciprocating internal
combustion engines'' and ``stationary gas turbines.'' The following
discusses the results of New Jersey's analysis of RACT under the basic
framework identified above.
CTGs and ACTs
New Jersey reviewed its existing RACT regulations adopted under the
1979 1-hour and 1997 8- hour ozone standard to identify source
categories covered by the EPA's CTG and ACT documents. New Jersey's
2015 RACT SIP submittal lists the CTG and ACT documents and
corresponding State RACT regulations that cover the CTG and ACT sources
included in New Jersey's emissions inventory.
In 2009, New Jersey adopted VOC and NOX RACT for major
non-CTG sources located in the State. Those sources for which EPA
guidance was not published, but for which the State established RACT,
include:
1. High Electric Demand Day boilers serving EGUs [N.J.A.C. 7:27-
19.4];
2. High Electric Demand Day turbines serving EGUs [N.J.A.C. 7:27-
19.5];
3. Asphalt paving production plants [N.J.A.C. 7:27-19.9];
4. Alternative VOC control requirements [N.J.A.C. 7:27-16.17];
5. Alternative and facility-specific NOX emission limits
[N.J.A.C. 7:27-19.13];
6. Municipal solid waste (MSW) incinerators [N.J.A.C. 7:27-19.12];
and
7. Sewage sludge incinerators [N.J.A.C. 7:27-19.28].
New Jersey has determined that currently effective emission limits
for these source categories still represent RACT in 2015 for the
marginal classification in the NYMA for the 75 ppb ozone standard.
With the exception of the source categories for which New Jersey
has made negative declarations, New Jersey has implemented RACT
controls state-wide for all CTGs that the EPA has issued as of June
2015 to meet the requirements of the CAA. The following table lists the
RACT controls that have been promulgated in N.J.A.C. 7:27 and the
corresponding EPA SIP approval dates.
----------------------------------------------------------------------------------------------------------------
N.J.A.C. 7:27 subchapter Title EPA latest approval date
----------------------------------------------------------------------------------------------------------------
16.2...................................... VOC stationary storage tanks.............. 8/3/10, 75 FR 45483
16.3...................................... Gasoline transfer operations.............. 8/3/10, 75 FR 45483
16.6...................................... Open top tanks and solvent cleaning 8/3/10, 75 FR 45483
operations.
16.7...................................... Surface coating and graphic arts 8/3/10, 75 FR 45483
operations.
16.12..................................... Surface coating operations at mobile 8/3/10, 75 FR 45483
equipment repair and refinishing
facilities.
16.16..................................... Other source operations................... 8/3/10, 75 FR 45483
16.18..................................... Leak detection and repair................. 8/3/10, 75 FR 45483
16.19..................................... Application of cutback and emulsified 8/3/10, 75 FR 45483
asphalts.
16.20..................................... Petroleum solvent dry cleaning operations. 8/3/10, 75 FR 45483
19.4...................................... Boilers serving electric generating units. 8/3/10, 75 FR 45483
19.5...................................... Stationary combustion turbines............ 8/3/10, 75 FR 45483
19.7...................................... Industrial/commercial/institutional 8/3/10, 75 FR 45483
boilers and other indirect heat
exchangers.
19.8...................................... Stationary reciprocating engines.......... 8/3/10, 75 FR 45483
19.10..................................... Glass manufacturing furnaces.............. 8/3/10, 75 FR 45483
23........................................ Prevention of Air Pollution from 12/22/10, 75 FR 80340
Architectural Coatings Standards.
24........................................ Consumer products......................... 12/22/10, 75 FR 80340
26........................................ Prevention of Air Pollution from 12/22/10, 75 FR 80340
Adhesives, Sealants, Adhesive Primers and
Sealant Primers.
----------------------------------------------------------------------------------------------------------------
New Jersey's June 11, 2015 RACT submittal contains a table (see
Table II-2: RACT Certifications Based on Existing EPA Guidance) listing
all the CTG and ACT categories (67 categories in total) and the
corresponding State regulations or negative declarations that address
the requirements. The EPA previously approved and incorporated into the
SIP all of the State's regulations identified in Table II-2 that
address CTGs and ACTs. New Jersey's December 14, 2017 submittal
fulfilled the requirement to submit for the four CTGs and two ACTs
which are identified in Table II-2 as rules that had not yet been
adopted.
For many source categories, the existing New Jersey rules have more
stringent emission limits and/or lower thresholds of applicability than
the recommendations contained in the CTG and ACT documents. New Jersey
considers and certifies that its SIP approved regulations meet the RACT
requirements for the 2008 8-hour ozone standard.
Source Categories Not Applicable in New Jersey
In New Jersey's 2015 submittal, by comparing the list of existing
CTGs with New Jersey's effective rules, and researching the New Jersey
Environmental Management System (NJEMS) emission statements and
permitting database for source categories by Standard Industrial Code
(SIC), the State certifies that the following source-specific
categories either do not exist in this State, or fall below significant
emission unit applicability thresholds in the CTGs: (1) Manufacture of
Vegetable Oils; \6\ (2)
[[Page 36820]]
Manufacture of Pneumatic Rubber Tires; (3) Aerospace Coatings; (4)
Shipbuilding and Ship Repair Operations; (5) Metal Furniture Coatings;
(6) Large Appliance Coatings; and (7) Auto and Light Duty Truck
Original Equipment Manufacturer (OEM) Assembly Coatings.
---------------------------------------------------------------------------
\6\ The CTG for the manufacturing of vegetable oils was
published in June 1978 (see EPA-450/2-78- 035) but in a March 1980
guidance document, entitled ``Guidance for the Control of Volatile
Organic Compounds Emitted by Ten Selected Source Categories,'' the
EPA advised that the ``states are not required, at this time, to
develop regulations for the vegetable oil manufacturing industry.''
The EPA guidance has not been revised since the March 1980 guidance.
At this time, the EPA considers the vegetable oil CTG as only
guidance for states when they need to develop attainment plans in
nonattainment areas.
---------------------------------------------------------------------------
Source-Specific RACT Determinations
A source-specific RACT determination applies to sources that have
obtained a facility-specific emission limit or an alternative emission
limit, i.e., a variance. A case-by-case RACT analysis is required for
sources that are not defined by a specific source category covered by
an existing state regulation, that are requesting a variance, or that
are not addressed by a CTG. New Jersey's RACT regulations at N.J.A.C.
7:27 Subchapter 19.13 for NOX and at Subchapter 16.17 for
VOCs outline the process and conditions for granting a source-specific
RACT determination. Under the CAA, these individual source-specific
RACT determinations need to be submitted by the State as a SIP revision
for the EPA's approval. Therefore, New Jersey included Table II-3 in
its June 2015 RACT SIP submittal, a listing of VOC and NOX
source facilities that are subject to a RACT source-specific SIP
revision under the 8-hour ozone SIP and the corresponding emission
limits, control technology and applicable regulation governing the RACT
determinations. Consistent with the CAA, New Jersey submitted to the
EPA SIP revisions that included the source-specific RACT revisions
identified in Table II-3 of the 2015 RACT SIP submittal. The EPA has
approved some of those revisions and is performing its technical review
of the remainder of the submittals and will take separate rulemaking
actions for each of the source-specific determinations (see 40 CFR
52.1570 (d) ``EPA approved State source-specific requirements'').
New Jersey's Control and Prohibition of Air Pollution by Volatile
Organic Compounds
New Jersey's December 14, 2017 submittal, which included amendments
to N.J.A.C. 7:27, Subchapter 16, addresses sources subject to four CTGs
for source categories represented in New Jersey: Industrial Cleaning
Solvents (ICS), CTG issued September 2006 (EPA 453/R-06-001); Paper,
Film, and Foil Coatings (PFFC), CTG issued September 2007 (EPA 453/R-
07-003); Miscellaneous Metal and Plastic Parts Coatings (MMPPC), CTG
issued September 2008 (EPA 453/R-08-003); and Fiberglass Boat
Manufacturing Materials (FBMM), CTG issued September 2008 (EPA-453/R-
08-004). The VOC emission limits adopted by New Jersey and set forth in
Subchapter 16 are as effective in regulating the source categories as
the EPA's CTG documents.
Industrial Cleaning Solvents (ICS)
The EPA issued a CTG for industrial cleaning solvents in 2006 that
includes recommended control techniques. This category includes the
industrial cleaning solvents used by many industries. It includes a
variety of products that are used to remove contaminants such as
adhesives, inks, paint, dirt, soil, oil and grease. The recommended
measures for controlling VOC emissions from the use, storage and
disposal of industrial cleaning solvents include work practice
standards, limitations on VOC content of the cleaning materials, and an
optional alternative limit on composite vapor pressure of the cleaning
materials. They also include the use of add-on controls with an overall
emission reduction of at least 85 percent by mass.
Based on the EPA CTG, New Jersey adopted new rules N.J.A.C. 7:27-
16.24 which specifies VOC content and vapor pressure limits for
solvents used in solvent cleaning activities conducted to remove
material through wiping, flushing, or spraying. Facilities can be
exempt by annual industrial cleaning solvent usage, based on a purchase
limit, and by source operation type. Compliance can be achieved by
meeting a maximum VOC content, a maximum VOC composite vapor pressure,
or a minimum control efficiency. Applicable facilities must implement
best management practices, which include keeping cleaning materials in
closed containers when not in use. Recordkeeping must be maintained
which demonstrates compliance. The EPA proposes to find that New
Jersey's adopted ICS rules are as effective in regulating the source
category as the EPA's CTG document.
Paper, Film, and Foil Coatings (PFFC)
The EPA issued a 2007 CTG for paper, film and foil coatings.
Previous Federal actions that affected this source category included a
1977 CTG for controlling VOC emissions from surface coating of paper,
the 1983 new source performance standards (NSPS) for surface coating of
pressure sensitive tape and labels (a subset of this category), and a
2002 National Emissions Standards for Hazardous Air Pollutants (NESHAP)
for paper and other web coating. The EPA recommends applying the
control recommendations for coatings only to individual paper, film and
foil surface coating lines with the potential to emit at least 25 tons
per year (tpy) of VOC from coatings, prior to controls. The EPA
recommends an overall VOC control efficiency of 90 percent as RACT for
each coating line.
New Jersey adopted amendments to N.J.A.C. 7:27-16.7, based on the
CTG, which requires paper, film, and foil coating operations to
implement best management practices if the actual VOC emissions exceed
15 pounds per day for all coating operations. The EPA proposes to find
that New Jersey's adopted PFFC rules are as effective in regulating the
source category as the EPA's CTG document.
Miscellaneous Metal and Plastic Parts Coatings (MMPPC)
The EPA issued a 2008 CTG for miscellaneous metal and plastic parts
coatings. The CTG recommended three options for controlling VOC
emissions: (1) VOC content limits for each coating category based on
the use of low-VOC content coatings and specified application methods
to achieve good transfer efficiency; (2) equivalent VOC emission rate
limits based on the use of a combination of low-VOC coatings, specified
application methods, and add-on controls; or (3) an overall VOC control
efficiency of 90 percent for facilities that choose to use add-on
controls instead of low-VOC Content coatings and specified application
methods. In addition, the EPA recommended work practices to further
reduce VOC emissions from coatings as well as to minimize emissions
from cleaning materials used in miscellaneous metal product and plastic
part surface coating processes.
New Jersey adopted new rules at N.J.A.C. 7:27-16.15, based on the
EPA CTG, which specify an applicability limit of 2.7 tons of actual VOC
emissions during any consecutive 12-month period from all miscellaneous
metal and plastic part coating operations, including related cleaning
activities. Compliance can be achieved by either meeting the maximum
allowable VOC content, achieving a minimum 90 percent overall control
efficiency, or meeting a minimum overall control efficiency which is
based upon the characteristics of the coating. Exemptions include
surface coating
[[Page 36821]]
operations that exclusively use powder coating and metal parts coatings
which must comply with a military specification that has been
formulated to meet a higher, less stringent VOC content. Applicable
facilities must implement best management practices, which include
keeping cleaning materials in closed containers when not in use.
Recordkeeping must be maintained which demonstrates compliance. The EPA
proposes to find that New Jersey's adopted MMPPC rules are as effective
in regulating the source category as the EPA's CTG document.\7\
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\7\ New Jersey's rule includes a partial exemption for military
specification coatings from the new VOC limits for metal parts and
products, at N.J.A.C. 7:27-16.15(c)(1). N.J.A.C. 7:27-
16.15(c)(3)(vii) exempts any military specification coating that has
been formulated to meet a higher, less stringent VOC content limit.
Additional exceptions include less stringent VOC content limits for
extreme high gloss topcoat (craft) and other substrate antifoulant
coating than those recommended in the MMPPC CTG. This departure from
the MMPPC CTG recommendation is based on EPA guidance memo ``Control
Technique Guidelines for Miscellaneous Metal and Plastic Part
Coatings--Industry Request for Reconsideration''.
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Fiberglass Boat Manufacturing Materials (FBMM)
The EPA issued a CTG in 2008 that provides control recommendations
for reducing VOC emissions from the use of gel coats, resins, and
materials used to clean application equipment in fiberglass boat
manufacturing operations. The CTG recommends the use of low-VOC content
(monomer and non-monomer VOC) resin and gel coats with specified
application methods. The CTG recommends the use of covers on mixing
containers to further reduce VOC emissions from gel coats and resins.
The CTG also recommends the use of low-VOC and low vapor pressure
cleaning materials. Because the CTG recommendations are based on the
2001 National Emission Standards for Hazardous Air Pollutants (NESHAP)
for boat manufacturing, those facilities that are major sources of HAP
are already complying with the 2001 NESHAP and have already adopted
these control measures. Because the 2001 NESHAP does not apply to area
sources, area source fiberglass boat manufacturing facilities are not
currently required to implement the measures provided in the NESHAP and
recommended in the CTG. There are boat manufacturing facilities in
ozone nonattainment areas that meet the applicability threshold in the
CTG and would provide VOC emission reductions when the CTG recommended
controls are applied. These control approaches are recommended for all
fiberglass boat manufacturing facilities where total actual VOC
emissions from all fiberglass boat manufacturing operations are equal
to or exceed 15 pounds per day.
New Jersey adopted new rules at N.J.A.C. 7:27-16.14, based on the
EPA CTG, which establish an applicability limit of actual VOC
emissions, before add-on control, of 15 pounds per day from all
fiberglass boat manufacturing operations. Exemptions include production
of vessels that must meet military specifications and production of
parts of boats that do not involve the manufacture of fiberglass.
Compliance can be achieved by meeting a maximum monomer VOC content
standard, meeting a maximum monomer VOC mass emission rate, or
installation of a VOC control apparatus. Recordkeeping must be
maintained which demonstrates compliance. The EPA proposes to find that
New Jersey's adopted FBMM rules are as effective in regulating the
source category as the EPA's CTG document.
New Jersey's Control and Prohibition of Air Pollution by Oxides of
Nitrogen (Subchapter 19)
New Jersey's December 14, 2017 submittal, which included amendments
to N.J.C.A. 7:27, Subchapter 19, establishes more stringent limits on
NOX emissions from existing simple cycle combustion turbines
combusting natural gas and compressing gaseous fuel at major
NOX facilities and stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities. The EPA proposes to find that the NOx
emission limits adopted by New Jersey and set forth in their December
14, 2017 submittal are as effective in regulating the source categories
as the EPA's recommendations and guidance.
Stationary Natural Gas Compressor Turbines and Reciprocating Engines
In New Jersey's December 14, 2017 submittal, New Jersey adopted
amendments to its rules for stationary gas turbines and engines. New
Jersey amended N.J.A.C. 7:27-19.5 by adopting new standards for
NOX emissions from existing simple cycle combustion turbines
combusting natural gas and compressing gaseous fuel at major
NOX facilities (compressor turbines). The standard provides,
at 7:27-19.5(l) that, beginning November 6, 2019, any simple cycle
combustion turbine combustion natural gas and compressing gaseous fuel
at a major NOX facility shall not emit more than 42 ppm by
volume, dry basis (ppmvd), of NOX corrected to 15 percent
oxygen. NJDEP amended N.J.A.C. 7:27-19.8 by adopting new standards for
NOX emissions from stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities (compressor engines). The standard provides,
at 7:27-19.8 (g), that beginning November 6, 2019, the owner or
operator of a two-stroke lean burn engine capable of producing an
output of 200 brake horsepower (bhp) or more but less than 500 bhp,
combusting natural gas, and compressing gaseous fuel at a major
NOX facility shall cause it to emit no more than 3.0 grams
NOX/brake horsepower-hour (bhp-hr). The standard also
provides, at 7:27-19.8 (h), that beginning November 6, 2019, the owner
or operator of a four-stroke lean burn engine or four-stroke rich burn
engine capable of producing an output of 200 bhp or more but less than
500 bhp, combusting natural gas, and compressing gaseous fuel at a
major NOX facility shall cause it to emit no more than 2.0
grams NOX/bhp-hr.
The EPA proposes to find that the adopted rules are consistent with
EPA guidance and address NOX RACT requirements by
establishing new limits on NOX emissions from existing
simple cycle combustion turbines combusting natural gas and compressing
gaseous fuel at major NOX facilities and stationary
reciprocating engines combusting natural gas and compressing gaseous
fuel at major NOX facilities.
Nitrogen Oxide (NOX) Reasonably Available Control Technology
(RACT) and Volatile Organic Compounds (VOC) RACT Certification
In New Jersey's January 2, 2018 submittal, the State certified that
they have addressed RACT requirements for the 2008 75 ppb 8-hour ozone
NAAQS supported by their June 11, 2015 and December 14, 2017
submittals. EPA proposes to find that New Jersey has demonstrated that
it has met the NOX RACT and VOC RACT requirements. In some
instances, New Jersey has gone beyond RACT by adopting control measures
more stringent than the Federal rules and CTGs.
New Jersey's VOC RACT rules cover source categories such as VOC
stationary storage tanks, gasoline transfer operations, VOC transfer
operations other than gasoline, marine tank vessel loading and
ballasting operations, open tanks and solvent cleaning operations,
surface coating and graphic arts operations, boilers, stationary
combustion turbines, stationary reciprocating engines, asphalt pavement
production plants, surface coating operations at mobile equipment
repair and finishing facilities, flares, other source operations, leak
detection and repair, application of cutback and emulsified asphalts,
petroleum solvent
[[Page 36822]]
dry cleaning operations, natural gas pipelines, and their
NOX RACT cover source categories such as boilers serving
electric generating units, stationary combustion turbines, industrial/
commercial/institutional boilers and other indirect heat exchangers,
stationary reciprocating engines, asphalt pavement production plants,
glass manufacturing furnaces, emergency generators, municipal solid
waste (MSW) incinerators and sewage sludge incinerators. These RACT
controls that have been promulgated in N.J.A.C. 7:27, have been
approved by the EPA as part of New Jersey's SIP most recently on August
3, 2010 \8\ and December 22, 2010.\9\
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\8\ 75 FR 45483.
\9\ 75 FR 80340.
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Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program
Certification
In New Jersey's January 2, 2018 submission, the State certifies
that its state-wide rules at N.J.A.C. 7:27-14 and 15, N.J.A.C. 7:27B-4
and B-5 and the Motor Vehicle Commission (MVC) rules at N.J.A.C. 13:20-
43, satisfy Federal requirements for an enhanced motor vehicle I/M
Program for the 2008 75 ppb 8-hour ozone NAAQS.
Four categories of vehicles are subject to the enhanced I/M
program: light-duty gasoline-fueled vehicles, heavy-duty gasoline-
fueled vehicles, light-duty diesel-powered vehicles and heavy-duty
diesel-powered vehicles. Within each category are commercial and non-
commercial vehicles.
EPA approved New Jersey's enhanced I/M program as meeting
applicable requirements of the CAA. 67 FR 2811. On April 3, 2009 and
September 9, 2016, New Jersey adopted amendments to its enhanced I/M
Program. The EPA approved these amendments into the SIP. 83 FR 21174
(May 9, 2018).
Emission Statement Program Certification
In New Jersey's January 2018 submittal, the State certifies that
its state-wide rules at N.J.A.C. 7:27-21 satisfy Federal requirements
for an emission statement program for the 2008 75 ppb 8-hour ozone
NAAQS. The EPA most recently approved a revision to Subchapter 21 into
the SIP on August 3, 2010.\10\
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\10\ 75 FR 45483.
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The EPA stated in the 2008 ozone implementation rule that if an
area has a previously approved emission statement rule in force for the
1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of
the nonattainment area for the 2008 ozone NAAQS, such rule should be
sufficient for purposes of the emissions statement requirement for the
2008 ozone NAAQS.
N.J.A.C. 7:27-21 requires the submission of annual emission
statements from major facilities. From these statements, the Department
develops reports of emissions of all criteria pollutants and submits
them to the EPA pursuant to the Federal Air Emission Reporting
Requirements (AERR) Rule for uploading to the EPA's National Emission
Inventory (NEI).
Federal Nonattainment New Source Review (NNSR) Program Certification
In New Jersey's January 2018 submission, the State certifies that
its existing state-wide NNSR rules codified at N.J.A.C. 7:27-18, which
regulate the New Jersey portions of the Northern NJ-NY-CT and Southern
NJ-PA-DE-MD Nonattainment Areas for the 2008 75 ppb 8-hour ozone NAAQS
are at least as stringent as the Federal requirements at 40 CFR 51.165
for ozone and its precursors. See 80 FR 12264 (March 6, 2015). The EPA
most recently approved a revision to Subchapter 18 into the SIP on July
25, 1996.\11\ New Jersey's demonstration that its NNSR rules comply
with the ozone specific Federal provisions is provided in Table 8-2 of
its submission.
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\11\ 61 FR 38591.
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IV. What is the EPA's evaluation of New Jersey's SIP submittals?
New Jersey submitted a state-wide RACT assessment on June 11, 2015.
The RACT submission from New Jersey consists of: (1) A certification
that previously adopted RACT controls in New Jersey's SIP for various
source categories that were approved by the EPA under the 1-hour and
the 1997 8-hour ozone standards are based on the currently available
technically and economically feasible controls and that they continue
to represent RACT for the 2008 8-hour ozone standard for implementation
purposes; (2) New Jersey's 14 existing case-by-case source specific
limits, approved by the EPA for the 1997 8-hour ozone standard, which
New Jersey indicates continue to meet RACT for the 2008 8-hour ozone
standard; (3) a negative declaration that for certain CTGs and/or ACTs
there are no sources within New Jersey or that there are no sources
within New Jersey above the applicability threshold; and (4) a
commitment to revise and adopt, and submit as a SIP revision, a new or
more stringent regulation(s), incorporating four CTGs, if determined to
be more effective than current New Jersey requirements, and to consider
further limiting NOX emissions from natural gas compressor
engines and turbines. New Jersey's December 14, 2017 submittal
addresses the commitment for the four CTGs and two ACTs. New Jersey's
January 8, 2018 SIP revision submittal certified, among other things,
that the State's NOX RACT, VOC RACT, enhanced I/M program,
emission statement program and ozone specific provisions NNSR program
satisfy Federal regulations and are at least as stringent as the
Federal requirements.
The EPA has reviewed New Jersey's RACT analysis including the
state-wide RACT analysis submitted on June 11, 2015, the December 14,
2017 revisions and the January 2, 2018 certification that the State has
adopted all applicable NOX RACT and VOC RACT. EPA proposes
to find that these submissions fully address the OTR RACT requirements,
the moderate RACT requirements for the NYMA and address the RACT
requirements consistent with sections 172(c)(1), 182(b)(2) and 182(f)
of the CAA, as interpreted by the EPA's regulations, guidance and
policies. Also, the EPA has reviewed portions of New Jersey's January
2, 2018 SIP submittal that certify the State has satisfied the
requirements for an enhanced motor vehicle I/M program, an emission
statement program and an ozone specific provisions NNSR program, and
the EPA is proposing to approve the State's certifications.
V. What action is the EPA proposing?
The EPA has evaluated the information provided by New Jersey and is
proposing to approve New Jersey's state-wide RACT submittal dated June
11, 2015 and the State's December 14, 2017 SIP revision rule, which
include a declaration that the following source-specific categories
either do not exist in this State, or fall below significant emission
unit applicability thresholds in the CTGs: (1) Manufacture of Vegetable
Oils; (2) Manufacture of Pneumatic Rubber Tires; (3) Aerospace
Coatings; (4) Shipbuilding and Ship Repair Operations; (5) Metal
Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly
Coatings. The submittals also include amendments to N.J.A.C. 7:27,
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air
Pollution by Oxides of
[[Page 36823]]
Nitrogen,'' \12\ for purposes of satisfying the 2008 8-hour ozone
standard RACT requirements, NOX RACT for major sources, Non-
CTG VOC RACT for major sources, all VOC CTG RACT sources and relevant
OTR RACT requirements. The EPA is also proposing to approve portions of
New Jersey's January 2, 2018 SIP revision that certifies the State has
satisfied the requirements for an enhanced motor vehicle I/M program,
an emission statement program, an ozone specific provisions NNSR
program. As indicated in footnote 5, above, the EPA will address the
remainder of the January 2, 2018 SIP submittal in a separate
rulemaking.
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\12\ State Effective dates for both rules is November 6, 2017
(49 N.J.R. 3518).
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The EPA is soliciting public comments on the issues discussed in
this proposal. These comments will be considered before the EPA takes
final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments as discussed in the
ADDRESSES section of this rulemaking.
VI. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference of revisions to Title 7, Chapter 27: Subchapters 16 and 19 of
the New Jersey Administrative Code that implements New Jersey's RACT
regulations for VOCs and NOX, as described in section III of
this preamble.
The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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) and 13563 (76 FR 382, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempt under
Executive Order 12866;
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 CAA; 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 proposed rulemaking action, pertaining to New
Jersey's 2008 8-hour ozone RACT submission the is not approved to apply
on any Indian reservation land or in any other area where EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-16378 Filed 7-30-18; 8:45 am]
BILLING CODE 6560-50-P
