[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7989]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 125, NJ-14-1-6160; FRL-4857-7]

 

Approval and Promulgation of Implementation Plan; New Jersey 
Emission Statement Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State Implementation Plan (SIP) revision submitted by the 
State of New Jersey on February 19, 1993 for the purpose of 
implementing an Emission Statement Program for stationary sources in 
New Jersey. The SIP was submitted by New Jersey to satisfy the Clean 
Air Act requirements for stationary sources to report annually to the 
State on their emissions of volatile organic compounds (VOCs) and 
oxides of nitrogen (NOx) and for the State to make this data 
available to EPA and the public.
DATES: Comments on this proposed action must be received on or before 
May 4, 1994.

ADDRESSES: Comments should be addressed to:
    William J. Muszynski, P.E., Acting Regional Administrator, 
Environmental Protection Agency, Region II Office, 26 Federal Plaza, 
New York, New York 10278.
    Copies of the State's submittal are available for inspection during 
normal business hours at the following locations:

    Environmental Protection Agency, Region II Library, 26 Federal 
Plaza, room 402, New York, New York 10278.
    New Jersey Department of Environmental Protection and Energy, 
Office of Air Quality Management, Bureau of Air Quality Planning, 401 
East State Street, CN418, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs 
Branch, Environmental Protection Agency, 26 Federal Plaza, room 1034A, 
New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

Background

    The air quality planning and SIP requirements for ozone 
nonattainment and transport areas are established in subparts I and II 
of part D of title I of the Clean Air Act, as amended in 1990 (the 
Act). EPA has published a ``General Preamble'' and ``Appendices to the 
General Preamble'' (see 57 FR 13498 (April 16, 1992), and 57 FR 18070 
(April 28, 1992)) describing how EPA intends to review SIPs submitted 
under title I of the Act.
    EPA has also issued a draft guidance document entitled, ``Guidance 
on the Implementation of an Emission Statement Program'' (July 1992), 
describing the requirements for the Emission Statement Program 
discussed in this rulemaking. The EPA is also conducting a rulemaking 
process to modify 40 CFR part 52 to reflect the requirements of the 
Emission Statement Program.
    Section 182(a) establishes requirements for stationary sources to 
prepare and submit to the state each year emission statements showing 
actual emissions of VOCs and NOx. Further, states with ozone 
nonattainment areas are required to submit a revision to their SIPs by 
November 15, 1992 establishing this Emission Statement Program.
    Facilities are required to submit their first emission statement to 
a state within three years of promulgation of the Act and annually 
thereafter.
    If either VOC or NOx is emitted at or above the minimum 
reporting level that is established in a state Emission Statement 
Program, the other pollutant (NOx or VOC) from the same facility 
should be included in the emission statement, even if the pollutant is 
emitted at levels below the minimum reporting level.
    Section 182(a)(3)(B)(ii) of the Act allows states to waive, with 
EPA approval, the requirement for an emission statement for classes or 
categories of sources with less than 25 tons per year of actual plant-
wide NOx and VOC emissions in nonattainment areas if the class or 
category is included in the base year and periodic inventories and 
emissions are calculated using emission factors established by EPA 
(such as those found in EPA publication AP-42) or other methods 
acceptable to EPA.

New Jersey's Submittal

    On November 15, 1992, New Jersey submitted a SIP revision for ozone 
which included a proposed Emission Statement Regulation. On February 
19, 1993, New Jersey submitted a SIP revision containing the adopted 
regulation, Subchapter 21, ``Emission Statements'' of Chapter 27, Title 
7 of the New Jersey Administrative Code, effective April 20, 1993. 
Subsequent to the February 19 submittal, a problem was identified with 
New Jersey's enabling legislation. The enabling legislation, which did 
not support the proposed regulation regarding confidentiality 
provisions, was modified to conform to EPA's policy which does not 
allow confidentiality of emissions data submitted as part of the 
Emission Statement Program. This modified legislation was signed on 
August 13, 1993 by the Governor of New Jersey. EPA has determined that 
New Jersey now has the necessary authority to promulgate an Emission 
Statement Regulation.
    On May 24, 1993, New Jersey submitted a letter justifying the 
exemption of gasoline dispensing facilities from the Emission Statement 
Program, since none of the sources in this category exceeded the 
applicable threshold. New Jersey has included emissions from these 
exempted sources in the base year inventory and will continue to report 
them in subsequent inventories. Further, on February 3, 1994, New 
Jersey submitted a letter requesting a waiver from the Emission 
Statement Program of all sources emitting below the applicable 
threshold.

EPA's Findings

    EPA has determined that an acceptable Emission Statement Program 
must have several components. Specifically, a state must submit it as a 
revision to its SIP, and the Emission Statement Program must meet the 
minimum requirements for reporting as outlined in EPA's, ``Guidance on 
the Implementation of an Emission Statement Program'' (July 1992). The 
program must include, at a minimum, provisions for source 
applicability, definitions, compliance, and specific source reporting 
requirements.
    EPA has concluded that the New Jersey program meets these 
requirements. EPA's detailed review of New Jersey's Emission Statement 
Program is contained in a technical support document available from the 
source for further information identified at the beginning of this 
document.

Applicability

    In ozone nonattainment areas, facilities which emit VOC or NOx 
in amounts of 25 tons per year or more must submit an emission 
statement. The entire State of New Jersey is designated nonattainment 
of the National Ambient Air Quality Standard for ozone. New Jersey's 
regulation appropriately requires facilities anywhere in the State 
actually emitting or having the potential to emit ten tons per year or 
more of VOC or 25 tons per year or more of NOx to submit an annual 
emission statement.
    In accordance with the provision to waive reporting requirements, 
New Jersey has requested a waiver from the Emission Statement Program 
for sources emitting less than ten tons per year of plant-wide VOC and 
less than 25 tons per year of plant-wide NOx. New Jersey has 
included these sources of emissions (calculated using emission factors 
established or approved by EPA) in the base year inventory and will 
continue to do so in the periodic inventories. EPA has determined that 
New Jersey has complied with the emission statement waiver provisions 
outlined in EPA guidance. New Jersey has addressed the emission 
statement applicability provisions in a manner that is acceptable to 
EPA.

Definitions

    The key definitions that New Jersey included in its Emission 
Statement Regulation are consistent with the EPA guidance.

Compliance

    All measures and other elements in the SIP must be enforceable by 
the State and EPA. The EPA criteria addressing the enforceability of 
SIPs and SIP revisions were stated in a September 23, 1987 memorandum 
(with attachments) from J. Craig Potter, Assistant Administrator for 
Air and Radiation (see 57 FR 13541). SIP provisions must also contain a 
program that provides for enforcement of the control measures and other 
elements in the SIP (see section 110(a)(2)(C)).
    The State of New Jersey has a program in its SIP that will ensure 
that the requirements of section 182(a)(3)(B) are adequately enforced. 
New Jersey will continue to provide EPA with status reports which 
outline the degree of compliance of sources and which indicate the 
sources that have and have not met the provisions of the Emission 
Statement Program. In addition, New Jersey has established penalty 
amounts to be assessed for each reporting violation.
    In letters dated June 24 and October 8, 1993, New Jersey provided 
EPA with quarterly Emission Statement Status Reports. These reports 
showed the total number of facilities from which emission data was 
requested, the number of facilities that met, and that failed to meet 
the provisions. Also in these reports, New Jersey provided a listing of 
the facilities that did not comply with the emission statement 
reporting requirements. New Jersey has included, as part of its 
February 19, 1993 submittal, compliance schedules with appropriate 
penalties for sources failing to comply. EPA has determined that New 
Jersey has an adequate enforcement program in place to satisfy the 
compliance requirements of an Emission Statement Program.

Reporting Requirements

    In accordance with EPA requirements, New Jersey has required the 
necessary source-supplied data elements from facilities. The survey 
forms that New Jersey has provided to facilities for use in reporting 
emission statement data are not EPA forms but require the necessary 
data.
    New Jersey submitted a letter on May 24, 1993 committing to meet 
EPA's requirements on reporting by verifying facility-supplied data and 
by submitting required data to EPA. New Jersey will submit facility and 
state-supplied data to the Aerometric Information Retrieval System 
(AIRS) on an annual basis.

Summary

    EPA is proposing to approve this portion of the SIP submittal as 
meeting the specific requirements for an Emission Statement Program.
    Nothing in this proposed rule should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on small entities. Moreover, due to the 
nature of the Federal-state relationship under the Act, preparation of 
a regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of state action. The Act forbids EPA to 
base its actions concerning SIPs on such grounds.Union Electric Co.T1 
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 
(a)(2).
    This proposed rule has been classified as a Table 2 action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future document will inform the 
general public of these tables. On January 6, 1989, the Office of 
Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222) 
from the requirements of section 3 of Executive Order 12291 for a 
period of two years. The EPA has submitted a request for a permanent 
waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue 
the wavier until such time as it rules on EPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Authority: 42 U.S.C 7401-7671q.

    Dated: March 18, 1994.
William J. Muszynski, P.E.,
Acting Regional Administrator.
[FR Doc. 94-7989 Filed 4-1-94; 8:45 am]
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