Approval of Source Specific Air Quality Implementation Plans; New Jersey, 24980-24983 [2019-11181]
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Rules and Regulations
List of Subjects in 10 CFR Part 72
Administrative practice and
procedures, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is making the
following correcting amendment to 10
CFR part 72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
■
BILLING CODE 7590–01–P
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Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
VerDate Sep<11>2014
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Dated at Rockville, Maryland, this 24th day
of May 2019.
For the Nuclear Regulatory Commission.
Pamela J. Shepherd-Vladimir,
Acting Chief, Regulatory Analysis and
Rulemaking Support Branch, Division of
Rulemaking, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2019–11249 Filed 5–29–19; 8:45 am]
§ 72.214 List of approved spent fuel
storage casks.
*
ML12213A170); superseded by
Amendment 8, Revision 1 Effective
Date: February 16, 2016.
Amendment Number 8, Revision 1
Effective Date: February 16, 2016.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1, on
March 21, 2016.
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected (ADAMS Accession No.
ML17236A451).
Amendment Number 10 Effective
Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective
Date: February 25, 2019.
Amendment Number 12 Effective
Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19109A111).
Amendment Number 13 Effective
Date: May 13, 2019, as corrected
(ADAMS Accession No. ML19109A122).
Safety Analysis Report (SAR)
Submitted by: Holtec International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI-STORM 100.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
necessary to ensure safety of life on the
navigable waters of the United States
during high speed boat racing. The
purpose of this notice is to announce a
change in the date in which the event
is being held.
DATES: The regulations in 33 CFR
100.501 will be enforced from 10 a.m.
through 5 p.m. on June 15, 2019 and
June 16, 2019, for the special local
regulation listed as (a)(7) in the Table to
§ 100.501.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Thomas Welker, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, telephone 215–
271–4814, email Thomas.J.Welker@
uscg.mil.
The Coast
Guard will enforce the special local
regulation in 33 CFR 100.501, table to
§ 100.501, (a)(7) for the regulated area
located in the Atlantic Ocean near Point
Pleasant Beach, NJ. The published
enforcement period for this event is the
3rd Saturday and Sunday in May. We
are announcing a change of enforcement
date for this year’s event with this
notice of enforcement because the event
will take place on the 3rd Saturday and
Sunday in June. The Captain of the Port,
Delaware Bay will be enforcing the
Special Local Regulation as specified in
§ 100.501(c).
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via broadcast
notice to mariners, Local Notice to
Mariners, and on-scene notice by
designated representative.
SUPPLEMENTARY INFORMATION:
Dated: May 23, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2019–11244 Filed 5–29–19; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 100
[Docket No. USCG–2019–0284]
ENVIRONMENTAL PROTECTION
AGENCY
Special Local Regulation; Marine
Events Within the Fifth Coast Guard
District
40 CFR Part 52
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation; change of enforcement date.
AGENCY:
The Coast Guard will enforce
the special local regulation on the
waters of the Atlantic Ocean, near Point
Pleasant Beach, New Jersey, from 10
a.m. through 5 p.m. on June 15, 2019
and June 16, 2019. This action is
SUMMARY:
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[EPA–R02–OAR–2018–0817; FRL–9994–39–
Region 2]
Approval of Source Specific Air Quality
Implementation Plans; New Jersey
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
SUMMARY:
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Rules and Regulations
the New Jersey State Implementation
Plan (SIP) for the 2008 8-hour ozone
National Ambient Air Quality Standard
in relation to a Source Specific SIP for
Gerdau Ameristeel in Sayreville, New
Jersey. On December 5, 2018, the New
Jersey Department of Environmental
Protection approved an administrative
amendment reflecting new ownership
and name change to Commercial Metals
Company. The control options in the
Source Specific SIP that address
nitrogen oxide Reasonably Available
Control Technology for the natural gas
fired billet reheat furnace remain the
same under the new ownership. The
intended effect of this SIP revision is for
the Sayreville facility to continue to
operate under their facility specific
maximum allowable nitrogen oxide
emission rate. The affected source will
not increase hourly nitrogen oxide
emissions, therefore, the National
Ambient Air Quality Standards for
ozone is protected.
DATES: The final rule is effective on July
1, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2018–0817. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3565, or by
email at longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background
II. The EPA’s Evaluation of New Jersey’s
Submittals
III. Comments Received in Response to EPA’s
Proposed Action
IV. Summary of EPA Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection Agency
(EPA) is approving the revision to the
New Jersey State Implementation Plan
(SIP) for attainment and maintenance of
the 2008 ozone National Ambient Air
Quality Standard (NAAQS).
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Specifically, under New Jersey
Administrative Code, Title 7, Chapter
27, Subchapter 19, ‘‘Control and
Prohibition of Air Pollution from Oxides
of Nitrogen’’ (N.J.A.C. 7:27–19). The
New Jersey Department of
Environmental Protection (NJDEP)
reviewed and approved the facility
specific emission limit (FSEL) nitrogen
oxide (NOX) control plan and the
associated Reasonably Available Control
Technology (RACT) for the Gerdau
Ameristeel facility located in Sayreville,
New Jersey (Sayreville Facility). The
RACT for this SIP revision is the lowest
emission limitation economically
feasible for controlling NOX emissions
from the Sayreville Facility’s billet
reheat furnace (Sayerville BRF). The
Sayreville BRF is used to raise the
temperature of steel billets to the
required level for hot rolling.
Subchapter N.J.A.C. 7:27–19.13(a)(1),
‘‘Alternative and facility specific NOX
emission limits,’’ allows owners and
operators of major sources of NOX, upon
approval of the NJDEP, to obtain FSELs
for maximum allowable NOX emission
rates by submitting a NOX control plan
that meets the requirements of N.J.A.C.
7:27–19.13(b). Furthermore, Subchapter
N.J.A.C. 7:27–19.13(a)(3) allows
facilities that wish to continue to
operate under existing NOX control
plans that were approved prior to May
1, 2005 to make the request by
submitting an updated proposed NOX
control plan as required in N.J.A.C.
7:27–19.13. The Sayreville Facility
wishes to continue to operate under its
existing NOX control plan that was
approved by the State on March 15,
2005. A full summary is included in the
technical support document (TSD) that
is contained in EPA’s docket assigned to
this Federal Register notice.
Please note that on December 5, 2018,
the NJDEP approved an administrative
amendment reflecting new ownership
and name change of the Sayreville
Facility from Gerdau Ameristeel to
Commercial Metals Company. All
control options for the Sayreville BRF
and CAA permit limits (as approved by
the NJDEP in the March 2005 NOX
control plan) remain the same under the
new ownership as were under the
former owner Gerdau Ameristeel.
II. The EPA’s Evaluation of New
Jersey’s Submittals
N.J.A.C. 19.13(a)(3) sets forth
requirements for facilities that wish to
continue to operate under existing NOX
control plans that were approved prior
to May 1, 2005. The regulation requires
such facilities to submit updated
proposed NOX control plans to NJDEP
for review. Gerdau Ameristeel originally
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submitted an FSEL NOX control plan for
a BRF (old BRF) at the Sayreville
Facility to NJDEP in 1995. In 2004, the
facility submitted to NJDEP a proposed
FSEL NOX control plan for a
replacement BRF; the new unit was
designed with 64 ultra-low NOX
burners. On March 15, 2005, the NJDEP
approved the NOX control plan by
authorizing Gerdau Ameristeel to
replace the old BRF with the ultra-low
NOX burners.
On October 4, 2016, the Gerdau
Ameristeel submitted an updated
proposed NOX control plan to NJDEP
requesting to continue to operate the
March 15, 2005 NOX control plan for the
Sayreville BRF that has 64 ultra-low
NOX burners and maximum allowable
NOX emission rate of 58.9 tons per year
(TPY). On March 20, 2018, the NJDEP
submitted to the EPA a proposal to
allow the continued use of the control
options as outlined in the State
approved Gerdau Ameristeel March 15,
2005 NOX control plan.
The Sayreville BRF has a heat input
rating of 172.8 million British Thermal
Units per hour (MMBTU/hr) and is
permitted under the facility’s CAA Title
V operating permit (i.e., PI 18052, BOP
150001) for no more than 0.1 MMBTU/
hr of NOX as a major source with FSEL
not to exceed 17.3 pounds NOX per hour
and 58.9 tons NOX per year. The
Sayreville Facility is required to
conduct annual emission testing to
demonstrate compliance with 0.1 lb/
MMBtu NOX emission rate limit. The
EPA has determined that the Sayreville
BRF identified in the SIP revision are
consistent with New Jersey’s NOX RACT
regulation and the EPA’s guidance.
III. Comments Received in Response to
EPA’s Proposed Action
On March 21, 2019 (84 FR 10458) the
EPA proposed approval of the sourcespecific revision to the New Jersey SIP
for 8-hour ozone for Gerdau Ameristeel
in Sayreville, New Jersey. The EPA
received no public comments during the
30-day public comment period in
response to the March 9, 2019 proposal.
IV. Summary of EPA’s Final Action
Gerdau Ameristeel reached agreement
with the NJDEP to continue to operate
under the approved March 15, 2005
NOX control plan that allowed the
Sayreville BRF to operate using 64 ultralow NOX burners. The Sayreville
Facility underwent a change in
ownership to the Commercial Metals
Company without changing its
production process or associated
equipment. Moreover, the Sayreville
Facility met the regulatory requirements
under N.J.A.C. 19.13(a)(3) to submit and
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Rules and Regulations
obtain NJDEP approval for an updated
proposed NOX control plan requesting
to continue to operate under their 2005
NOX control plan approved prior to May
1, 2005. The updated NOX control plan
demonstrates that the only technically
feasible control technology currently not
in use on the Sayreville BRF is the SCR
option and concludes that it is not
RACT. Therefore, the EPA is approving
the NJDEP SIP revision for 8-hour ozone
for Commercial Metals Company
continuing to operate under the 2005
NOX Control Plan.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing incorporate
by reference for the provisions
described above in Section IV. Summary
of the EPA’s Final Action.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 2 Office. Copies
of the materials incorporated may be
inspected at the Environmental
Protection Agency, Region 2, Air
Programs Branch, 290 Broadway, New
York, New York 10007. Please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information.
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.
VI. 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 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted 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 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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 rule does
not have tribal implications as specified
by Executive Order 13175, because the
SIP is not approved to apply in Indian
country located in the state, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law. Thus, Executive
Order 13175 does not apply to this
action.
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 15, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Section 52.1570 (d) is amended by
adding the entries for ‘‘Gerdau
Ameristeel Sayreville’’ and ‘‘CMC Steel
New Jersey’’ at the end of the table. The
additions read as follows:
■
§ 52.1570
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Identification of plan.
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EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS
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Name of source
State effective
date
Identifier No.
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Gerdau Ameristeel Sayreville
Program Interest 18052; Activity Number BOP 150001;
Emission Unit U2; Operating Scenario OS301; Ref
#2.
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EPA approval date
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Rules and Regulations
24983
EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS—Continued
Identifier No.
CMC Steel New Jersey ..........
Program Interest 18052; Activity Number BOP 180001;
Emission Unit U2; Operating Scenario OS301; Ref
#2.
December 5,
2018.
EPA approval date
May 30, 2019, [Insert FR citation].
BILLING CODE 6560–50–P
C. How can I file an objection or hearing
request?
II. Summary of Petitioned-For
Tolerance
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0677 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before July 29, 2019. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In the Federal Register of December
21, 2018 (83 FR 65660) (FRL–9985–67),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 7F8647) by ISK
Biosciences Corporation, 7470 Auburn
Road, Suite A, Concord, Ohio 44077.
The petition requested that 40 CFR
180.660 be amended by establishing
tolerances for residues of the fungicide
pyriofenone, in or on fruiting vegetable,
crop group 8–10 at 0.30 parts per
million (ppm). That document
referenced a summary of the petition
prepared by ISK Biosciences
Corporation, the registrant, which is
available in the docket, https://
www.regulations.gov. There were no
I. General Information
40 CFR Part 180
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
A. Does this action apply to me?
Pyriofenone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of pyriofenone in
or on fruiting vegetable, crop group 8–
10. ISK Biosciences Corporation
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective May
30, 2019. Objections and requests for
hearings must be received on or before
July 29, 2019 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0677, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
SUMMARY:
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New ownership from Gerdau
Ameristeel Sayreville to
Commercial Metal Company (CMC).
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2018–0677; FRL–9993–11]
Comments
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0677, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–11181 Filed 5–29–19; 8:45 am]
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State effective
date
Name of source
B. How can I get electronic access to
other related information?
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]]>Agencies
[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Rules and Regulations]
[Pages 24980-24983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0817; FRL-9994-39-Region 2]
Approval of Source Specific Air Quality Implementation Plans; New
Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to
[[Page 24981]]
the New Jersey State Implementation Plan (SIP) for the 2008 8-hour
ozone National Ambient Air Quality Standard in relation to a Source
Specific SIP for Gerdau Ameristeel in Sayreville, New Jersey. On
December 5, 2018, the New Jersey Department of Environmental Protection
approved an administrative amendment reflecting new ownership and name
change to Commercial Metals Company. The control options in the Source
Specific SIP that address nitrogen oxide Reasonably Available Control
Technology for the natural gas fired billet reheat furnace remain the
same under the new ownership. The intended effect of this SIP revision
is for the Sayreville facility to continue to operate under their
facility specific maximum allowable nitrogen oxide emission rate. The
affected source will not increase hourly nitrogen oxide emissions,
therefore, the National Ambient Air Quality Standards for ozone is
protected.
DATES: The final rule is effective on July 1, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0817. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3565, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's Evaluation of New Jersey's Submittals
III. Comments Received in Response to EPA's Proposed Action
IV. Summary of EPA Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection Agency (EPA) is approving the revision
to the New Jersey State Implementation Plan (SIP) for attainment and
maintenance of the 2008 ozone National Ambient Air Quality Standard
(NAAQS). Specifically, under New Jersey Administrative Code, Title 7,
Chapter 27, Subchapter 19, ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen'' (N.J.A.C. 7:27-19). The New Jersey Department
of Environmental Protection (NJDEP) reviewed and approved the facility
specific emission limit (FSEL) nitrogen oxide (NOX) control
plan and the associated Reasonably Available Control Technology (RACT)
for the Gerdau Ameristeel facility located in Sayreville, New Jersey
(Sayreville Facility). The RACT for this SIP revision is the lowest
emission limitation economically feasible for controlling
NOX emissions from the Sayreville Facility's billet reheat
furnace (Sayerville BRF). The Sayreville BRF is used to raise the
temperature of steel billets to the required level for hot rolling.
Subchapter N.J.A.C. 7:27-19.13(a)(1), ``Alternative and facility
specific NOX emission limits,'' allows owners and operators
of major sources of NOX, upon approval of the NJDEP, to
obtain FSELs for maximum allowable NOX emission rates by
submitting a NOX control plan that meets the requirements of
N.J.A.C. 7:27-19.13(b). Furthermore, Subchapter N.J.A.C. 7:27-
19.13(a)(3) allows facilities that wish to continue to operate under
existing NOX control plans that were approved prior to May
1, 2005 to make the request by submitting an updated proposed
NOX control plan as required in N.J.A.C. 7:27-19.13. The
Sayreville Facility wishes to continue to operate under its existing
NOX control plan that was approved by the State on March 15,
2005. A full summary is included in the technical support document
(TSD) that is contained in EPA's docket assigned to this Federal
Register notice.
Please note that on December 5, 2018, the NJDEP approved an
administrative amendment reflecting new ownership and name change of
the Sayreville Facility from Gerdau Ameristeel to Commercial Metals
Company. All control options for the Sayreville BRF and CAA permit
limits (as approved by the NJDEP in the March 2005 NOX
control plan) remain the same under the new ownership as were under the
former owner Gerdau Ameristeel.
II. The EPA's Evaluation of New Jersey's Submittals
N.J.A.C. 19.13(a)(3) sets forth requirements for facilities that
wish to continue to operate under existing NOX control plans
that were approved prior to May 1, 2005. The regulation requires such
facilities to submit updated proposed NOX control plans to
NJDEP for review. Gerdau Ameristeel originally submitted an FSEL
NOX control plan for a BRF (old BRF) at the Sayreville
Facility to NJDEP in 1995. In 2004, the facility submitted to NJDEP a
proposed FSEL NOX control plan for a replacement BRF; the
new unit was designed with 64 ultra-low NOX burners. On
March 15, 2005, the NJDEP approved the NOX control plan by
authorizing Gerdau Ameristeel to replace the old BRF with the ultra-low
NOX burners.
On October 4, 2016, the Gerdau Ameristeel submitted an updated
proposed NOX control plan to NJDEP requesting to continue to
operate the March 15, 2005 NOX control plan for the
Sayreville BRF that has 64 ultra-low NOX burners and maximum
allowable NOX emission rate of 58.9 tons per year (TPY). On
March 20, 2018, the NJDEP submitted to the EPA a proposal to allow the
continued use of the control options as outlined in the State approved
Gerdau Ameristeel March 15, 2005 NOX control plan.
The Sayreville BRF has a heat input rating of 172.8 million British
Thermal Units per hour (MMBTU/hr) and is permitted under the facility's
CAA Title V operating permit (i.e., PI 18052, BOP 150001) for no more
than 0.1 MMBTU/hr of NOX as a major source with FSEL not to
exceed 17.3 pounds NOX per hour and 58.9 tons NOX
per year. The Sayreville Facility is required to conduct annual
emission testing to demonstrate compliance with 0.1 lb/MMBtu
NOX emission rate limit. The EPA has determined that the
Sayreville BRF identified in the SIP revision are consistent with New
Jersey's NOX RACT regulation and the EPA's guidance.
III. Comments Received in Response to EPA's Proposed Action
On March 21, 2019 (84 FR 10458) the EPA proposed approval of the
source-specific revision to the New Jersey SIP for 8-hour ozone for
Gerdau Ameristeel in Sayreville, New Jersey. The EPA received no public
comments during the 30-day public comment period in response to the
March 9, 2019 proposal.
IV. Summary of EPA's Final Action
Gerdau Ameristeel reached agreement with the NJDEP to continue to
operate under the approved March 15, 2005 NOX control plan
that allowed the Sayreville BRF to operate using 64 ultra-low
NOX burners. The Sayreville Facility underwent a change in
ownership to the Commercial Metals Company without changing its
production process or associated equipment. Moreover, the Sayreville
Facility met the regulatory requirements under N.J.A.C. 19.13(a)(3) to
submit and
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obtain NJDEP approval for an updated proposed NOX control
plan requesting to continue to operate under their 2005 NOX
control plan approved prior to May 1, 2005. The updated NOX
control plan demonstrates that the only technically feasible control
technology currently not in use on the Sayreville BRF is the SCR option
and concludes that it is not RACT. Therefore, the EPA is approving the
NJDEP SIP revision for 8-hour ozone for Commercial Metals Company
continuing to operate under the 2005 NOX Control Plan.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing incorporate by reference for the
provisions described above in Section IV. Summary of the EPA's Final
Action.
The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office. Copies of the materials incorporated may be inspected at the
Environmental Protection Agency, Region 2, Air Programs Branch, 290
Broadway, New York, New York 10007. Please contact the person
identified in the For Further Information Contact section of this
preamble for more information.
Therefore, these materials have been approved by the EPA for
inclusion in the State implementation plan, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.
VI. 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 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 rule does not have tribal implications
as specified by Executive Order 13175, because the SIP is not approved
to apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law. Thus, Executive Order 13175 does not apply to this
action.
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 15, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. Section 52.1570 (d) is amended by adding the entries for ``Gerdau
Ameristeel Sayreville'' and ``CMC Steel New Jersey'' at the end of the
table. The additions read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(d) * * *
EPA-Approved New Jersey Source-Specific Provisions
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Name of source Identifier No. State effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Gerdau Ameristeel Sayreville... Program Interest March 26, 2018........ May 30, 2019, None.
18052; Activity [Insert FR
Number BOP citation].
150001; Emission
Unit U2;
Operating
Scenario OS301;
Ref #2.
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CMC Steel New Jersey........... Program Interest December 5, 2018...... May 30, 2019, New ownership
18052; Activity [Insert FR from Gerdau
Number BOP citation]. Ameristeel
180001; Emission Sayreville to
Unit U2; Commercial Metal
Operating Company (CMC).
Scenario OS301;
Ref #2.
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[FR Doc. 2019-11181 Filed 5-29-19; 8:45 am]
BILLING CODE 6560-50-P
