[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55949-55954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27924]



[[Page 55949]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ32-183a, FRL-6174-5]


Approval and Promulgation of Implementation Plans; Reasonably 
Available Control Technology for Oxides of Nitrogen for Specific 
Sources in the State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is announcing approval of four (4) revisions to the 
State Implementation Plan (SIP) for ozone submitted by the State of New 
Jersey. These revisions consist of fifteen (15) source-specific 
reasonably available control technology (RACT) determinations for 
controlling oxides of nitrogen (NOX) from various sources in 
New Jersey. This direct final rule approves the source-specific RACT 
determinations that were made by New Jersey in accordance with 
provisions of its regulation. This action is being taken in accordance 
with section 110 of the Clean Air Act (the Act).

DATES: This direct final rule is effective on December 21, 1998 without 
further notice, unless EPA receives adverse comment by November 19, 
1998. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All written comments should be addressed to: Ronald 
Borsellino, Chief, Air Programs Branch, Environmental Protection 
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866.
    Copies of the State submittals are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Air 
Quality Management, Bureau of Air Pollution Control, 401 East State 
Street, CN027, Trenton, New Jersey 08625
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, S.W., Washington, 
D.C. 20460

FOR FURTHER INFORMATION CONTACT: Ted Gardella or Richard Ruvo, Air 
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

A. Background

    The air quality planning requirements for the reduction of 
NOX emissions through RACT are set out in section 182(f) of 
the Act. The EPA described section 182(f) requirements in a Notice 
entitled ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 Implementation 
of Title I; Proposed Rule,'' (NOX Supplement) which was 
published on November 25, 1992 (57 FR 55620). For detailed information 
on the NOX requirements, refer to the NOX 
Supplement and to additional NOX guidance memoranda released 
subsequent to the NOX Supplement.
    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).
    Section 182 of the Act provides requirements for nonattainment 
areas classified as marginal and above. Within ozone nonattainment 
areas classified moderate or above and areas within an ozone transport 
region, section 182(f) of the Act requires that states apply the same 
requirements to major stationary sources of NOX (``major'' 
as defined in section 302 and section 182 (c), (d), and (e)) as are 
applied to major stationary sources of volatile organic compounds 
(VOCs). For more information on what constitutes a major source, see 
section 2 of the NOX Supplement to the General Preamble.
    Section 182(b)(2) of the Act requires submissions, by November 15, 
1992, of SIP revisions which provide for implementation of RACT as 
expeditiously as practicable but no later than May 31, 1995, where for 
a source category EPA has issued a control technique document (CTG) 
before November 15, 1990, or for all major stationary sources that the 
Agency has not issued a CTG. For sources covered by a CTG between 
November 15, 1990 and the date of attainment, section 182(b)(2) 
requires SIP revisions within the period set forth by the Administrator 
in issuing the CTG document.
    EPA did not issue any CTGs for major stationary sources of 
NOX either before or after November 15, 1990. Therefore, 
section 182(b)(2) of the Act requires submission, by November 15, 1992, 
of all SIP revisions which provide for implementation of RACT on major 
stationary sources of NOX for all ozone nonattainment areas 
classified moderate or above and for all ozone transport regions. New 
Jersey, which is within the Northeast ozone transport region 
established by section 184(a) of the Act, is required to adopt and 
implement RACT on major stationary sources. Sections 182(f) and 184(b) 
of the Act require the application of NOX RACT requirements 
Statewide.

B. New Jersey's NOX RACT Regulation

    On November 15, 1993, New Jersey submitted to EPA, as a revision to 
the SIP, subchapter 19 of Chapter 27, Title 7 of the New Jersey 
Administrative Code. Subchapter 19 is entitled ``Control and 
Prohibition of Air Pollution From Oxides of Nitrogen.'' This subchapter 
provides the NOX RACT requirements for New Jersey and was 
effective on December 20, 1993. New Jersey submitted subchapter 19 to 
EPA, as a revision to the SIP, on November 15, 1993 and on October 2, 
1995, the EPA proposed full approval (60 FR 51379). On January 27, 
1997, the EPA final action on subchapter 19 was published in the 
Federal Register (62 FR 3804).
    On March 24, 1995, New Jersey adopted amendments to Subchapter 19 
and submitted them to EPA for approval as a SIP revision on June 21, 
1996. On September 26, 1996, the EPA found these amendments 
administratively and technically complete. EPA expects to publish, in 
the near future, a proposed action on the June 1996 submittal.

C. Section 19.13--Facility Specific NOX Emission Limits

    Section 19.3 of New Jersey's regulation establishes a procedure for 
a case-by-case determination of what represents RACT for a particular 
facility item, equipment or source operation. This procedure is 
applicable in two situations: (1) Except for non-utility boilers, if 
the major NOX facility contains any source operation or item 
of equipment of a category not listed in section 19.2 which has the 
potential to emit more than 10 tons of NOX per year, or (2) 
if the owner or operator of a source operation or item of equipment of 
a category listed in section 19.2 seeks approval of an alternative 
maximum allowable emission rate.
    New Jersey's procedure requires either submission of a 
NOX control plan if specific emission limitations do not 
apply to the specific source, or submission of a request for an 
alternative maximum allowable emission rate if specific emission 
limitations do apply to the specific source. In either case, the 
owners/

[[Page 55950]]

operators must include a technical and economic feasibility analysis of 
the possible alternative control measures. RACT determinations for an 
alternative maximum allowable emission rate must consider control 
technologies (e.g., low NOX burners) and alternative control 
strategies (e.g., emissions averaging, seasonal fuel switching to 
natural gas, and repowering). Also, in either case, subchapter 19 
requires that New Jersey establish emission limits which rely on a RACT 
determination specific to the facility. The resulting NOX 
control plan or alternate maximum allowable emission rate must be 
submitted to EPA for approval as a SIP revision.

D. Section 19.21--Phased Compliance Through Repowering

    Section 19.21 of New Jersey's regulation allows attainment of 
compliance through repowering. Under subchapter 19, repowering is 
defined as the permanent cessation of steam generator operations 
replaced by either the installation of a new combustion source or the 
purchase of heat or power from a new combustion source located in New 
Jersey.
    Section 19.21 requires that a source owner who requests compliance 
through repowering: (1) Enter into an enforceable commitment with the 
State to repower, (2) submit an analysis that defines RACT for the 
interim period between May 31, 1995 and the date the unit will be 
repowered, (3) specify a date, which can be no later than May 31, 1999, 
by which the unit will be repowered, (4) include appropriate milestones 
for the repowering project, (5) meet applicable SIP and Federal 
requirements upon the repower date, and (6) ensure that the repowering 
commitment is federally enforceable.
    Section 19.21 also requires that a source establish emission limits 
using advanced control techniques and commit to meet these limits once 
the source is repowered. The maximum allowable NOX emissions 
rate, expressed in pounds per million BTUs (lbs/MM BTU), for repowered 
utility boilers ranges from 0.1 to 0.2 depending upon the type of 
boiler and the type of fuel. Section 19.21 allows repowering of all 
combustion sources and replaces section 19.14(c) which allowed 
repowering only for utility boilers.

E. Procedural History of Submittals

    Prior to adoption of the fifteen source-specific RACT revisions 
discussed in this Notice, New Jersey published proposed limitations for 
each source specific RACT determination in local newspapers and 
provided thirty (30) days for public comment and an opportunity to 
request a public hearing. New Jersey reviewed and responded to all 
comments. The State then determined that the proposed NOX 
control plans, alternative maximum allowable emission rates and 
repowering plan conform with the provisions of sections 19.13 or 19.21 
of New Jersey's regulation. These RACT determinations were made during 
1994, 1995, 1996 and 1997.
    After New Jersey made each determination it issued letters of 
approval to each owner. These letters included and incorporated either 
an attached conditions of approval document (COAD) or, in one case, an 
attached facility wide permit (FWP). Each COAD or FWP contains 
conditions consistent with subchapter 19. These conditions are 
considered approved permit conditions which are fully enforceable by 
the State. Each COAD and FWP is identified in the ``Incorporation by 
reference'' section at the end of this document.
    New Jersey submitted the fifteen source-specific SIP revisions to 
EPA on June 18, 1996, July 10, 1996, December 17, 1996, and May 2, 
1997.

F. EPA Analysis of State Submittals

    After reviewing the submittals, EPA found them all administratively 
and technically complete. For each source discussed in this document, 
EPA determined that the New Jersey letter of approval identifies 
NOX requirements which represent RACT for the source. The 
conditions contained in the COADs and FWP include, for example, 
emission limits, work practice standards, and testing, monitoring, and 
record keeping/reporting requirements. These conditions are consistent 
with the NOX RACT requirements specified in subchapter 19 
and conform to EPA NOX RACT guidance. Please note there may 
be other requirements, such as adequate monitoring, which States and 
sources will need to provide for, through the Title V permitting 
process. Therefore, EPA is approving New Jersey's fifteen source-
specific SIP revision submittals dated June 18, 1996, July 10, 1996, 
December 17, 1996 and May 2, 1997.
    EPA's evaluation of each RACT submittal is detailed in a document 
dated June 8, 1998, entitled ``Technical Support Document--
NOX RACT Source-Specific SIP Revisions-State of New 
Jersey.'' A copy of that document is available, upon request, from the 
EPA Regional Office listed in the ADDRESSES section of this document.
    This document includes a summary of each RACT submittal. These 
summaries are organized into three groups as follows: I. ``Facility-
Specific NOX Emission Limits''--nine major NOX 
facilities that contain a source operation or item of equipment for 
which New Jersey has not established an emission limit pursuant to 
subchapter 19; II. ``Alternative NOX Emission Limits''--five 
major NOX facilities that contain a source operation or item 
of equipment of a category listed in section 19.2 for which an owner or 
operator seeks approval of a RACT emission limit that is different from 
the one established in subchapter 19; III. ``Phased Compliance Through 
Repowering''--one major NOX facility where an owner or 
operator seeks approval of a plan pursuant to section 19.21 for phased 
compliance through repowering of a specific source.
    This document takes action only on the permitted emission rates and 
conditions of approval related to emissions of NOX; action 
is not being taken on any other pollutants which may be permitted by 
New Jersey with regard to these sources.

I. Facility-Specific NOX Emission Limits

    A summary of EPA's analysis of each source granted a facility 
specific NOX emission limit by New Jersey is as follows.

1. The Geon Company

    The Geon Company manufactures polyvinyl chloride resin and operates 
two direct-fired dryers at its facility in Pedricktown, Salem County. 
The facility's RACT analysis concluded, and New Jersey agreed, that 
RACT requirements for the facility's dryers are as follows: (1) Combust 
only natural gas from May 1 through September 30 unless natural gas 
becomes unavailable, (2) combust only natural gas as the primary fuel 
and propane as the emergency back up fuel, (3) limit annual propane 
fuel combustion to ninety days, and (4) a NOX emission limit 
of 11.95 tons per year (TPY) for dryer DR-1H and 13.94 TPY for dryer 
DR-2P.

2. The PQ Corporation/Industrial Chemicals

    The PQ Corporation/Industrial Chemicals operates a Sodium Silicate 
Furnace at its facility located in Avenel, Middlesex County. The 
facility's RACT analysis concluded, and New Jersey agreed, that RACT 
requirements for the facility's furnace are as follows: (1) Weekly 
burner tuneups, (2) control daily excess oxygen level to no more than 
3%, (3) when burning oil, a NOX emission limit of 13.3 
pounds per hour (lbs/hr) or the highest value obtained from a stack 
test, whichever is lower, (4) when burning natural gas, a 
NOX emission limit of 29.3 lbs/hr or the highest value 
obtained from a stack test,

[[Page 55951]]

whichever is lower, and (5) daily maximum capacity of 128 tons of 
molten sodium silicate.

3. Air Products and Chemicals, Inc.

    Air Products and Chemicals, Inc., owns and operates a hazardous 
waste incinerator at its facility in Paulsboro, Gloucester County. The 
incinerator processes liquid wastes generated on-site and also serves 
as an afterburner for 46 on-site sources. The facility's RACT analysis 
concluded, and New Jersey agreed, that RACT requirements for the 
incinerator are as follows: (1) Implementation of good combustion 
technology consisting of high intensity burners, steam injection, and 
modern instrumentation to control excess air, and (2) a NOX 
emission limit of 15.7
lbs/hr (68.8 TPY).

4. Stony Brook Regional Sewerage Authority

    The Stony Brook Regional Sewerage Authority owns and operates two 
multiple hearth type incinerators to burn sewage sludge from its 
wastewater treatment plant located in Princeton, Mercer County. The 
facility's RACT analysis concluded, and New Jersey agreed, that RACT 
requirements for each incinerator are as follows: (1) Combust natural 
gas as auxiliary fuel during the ozone season (May 1-September 15) 
unless natural gas is unavailable, (2) combust No 2 oil when natural 
gas is unavailable during the ozone season for a period not to exceed 
48 hours during any calendar month, and (3) a NOX emission 
limit of 22 lbs/hr for each incinerator.
    After switching to natural gas, the facility was to conduct stack 
tests and submit the results of those tests by a date no later than May 
31, 1996. New Jersey may establish a lower facility NOX 
emission limit after review of the stack test results.

5. Township of Wayne, Mountain View Water Pollution Control Facility

    The Township of Wayne, Mountain View Water Pollution Control 
Facility owns and operates two multiple hearth type sewage sludge 
incinerators to burn sewage sludge from its wastewater treatment plant 
located in Wayne, Passaic County. The facility's RACT analysis 
concluded, and New Jersey agreed, that RACT requirements for the 
incinerators are as follows: (1) Combust natural gas during the ozone 
season, and (2) a NOX emission limit of 12.0 lbs/hr for each 
incinerator. New Jersey may establish a lower facility NOX 
emission limit after review of stack test results conducted after the 
planned fuel switch to natural gas.

6. Atlantic States Cast Iron Pipe Company

    The Atlantic States Cast Iron Pipe Company produces iron pipe from 
scrap steel and operates an iron melting cupola and an annealing oven 
in Phillipsburg, Warren County. The facility's NOX emissions 
result from the combustion of coke in the iron melting cupola and the 
combustion of natural gas in the annealing oven. For the cupola, the 
facility's RACT analysis concluded, and New Jersey agreed, that RACT 
requirements are as follows: (1) Continued use of low excess air and 
oxygen enrichment technologies, (2) a NOX emission limit of 
0.188 lbs/MM BTU, and (3) an annual operations limit of 3600 hours. For 
the annealing oven, the facility's RACT analysis concluded, and New 
Jersey agreed, that RACT requirements are as follows: (1) An annual 
adjustment to the oven combustion process, (2) a NOX 
emission limit of 0.15 lbs/MM BTU, and (3) an annual fuel consumption 
limit of 271 million standard cubic feet (SCF) of natural gas.

7. Warren Energy Resource Company, L.P.

    The Warren County Resource Recovery Facility is a municipal waste-
to-energy facility operated by Warren Energy in Oxford Township, Warren 
County. The facility includes two independent combustion/steam 
generation units nominally rated at 200 tons per day of solid waste 
each. The facility's RACT analysis concluded, and New Jersey agreed, 
that RACT requirements are as follows: (1) Use of staged combustion and 
good combustion practices which are already standard operating 
practices at the facility as a result of 1986 Best Available Control 
Technology determination, (2) a NOX emission limit of 45 
lbs/hr/unit, and (3) a concentration limit of 300 parts per million, 
for any 3-hour block period.

8. Hercules Incorporated

    Aqualon, a division of Hercules Incorporated, owns and operates a 
nitrocellulose manufacturing facility in Parlin, Middlesex County. 
NOX emissions originate from Nitric Acid Concentrators, a 
Nitration System, and an Open Pit Burner. The facility's RACT analysis 
concluded, and New Jersey agreed, that RACT requirements are as 
follows: (1) Continued use of wet scrubbing control systems for the 
Acid Concentrators and Nitration System and continued operational 
procedures for the Open Pit Burner, and (2) NOX emission 
limits for the Acid Concentrators, Nitration System and Open Pit Burner 
of 23.48 TPY, 242 TPY and 76.5 TPY, respectively.

9. U.S. Department of Navy, Naval Air Warfare Center Aircraft Division

    The United States Department of Navy operates the Naval Air Warfare 
Center, Aircraft Division, in Trenton, Mercer County. The jet engine 
test facility is a test, evaluation and research center for aircraft 
propulsion systems and accessories. Ten test cells are at the facility 
for evaluating engines of various size. The facility's RACT analysis 
concluded, and New Jersey agreed, that there are no NOX 
control technologies that are technically feasible for the aircraft 
test engines and that the RACT requirement for each test cell is a 
NOX emission limit between 2 and 300 TPY depending on the 
size and type of engine tested. The facility was scheduled for 
operational closure in September 1997.

II. Alternative NOX Emission Limits

    A summary of EPA's analysis of each source granted an alternative 
NOX emission limit by New Jersey is as follows.

10. Atlantic Electric Company--Deepwater Generating Company

    Atlantic Electric Company operates Boiler No. 8, which is a coal-
fired, dry-bottom, face-fired utility boiler, at the Deepwater 
Generating Station in Pennsville, Salem County. Subchapter 19 does not 
address required limits during abnormal circumstances when this boiler 
needs to cofire coal with either fuel oil or natural gas. The 
facility's RACT analysis concluded, and New Jersey agreed, that RACT 
requirements for Boiler No. 8 are as follows: (1) continued use of Low 
NOX Burners (LNB) and Overfire Air to control NOX 
emissions, (2) a NOX emission limit of 0.45 lbs/MM BTU 
during cofiring of coal with either fuel oil or natural gas, and (3) an 
annual operating limit of 1500 hours when cofiring.

11. U.S. Generating Company--Carney's Point Generating Plant

    The U.S. Generating Company operates a cogeneration facility in 
Carney's Point, Salem County. Included at the facility is a fuel oil 
fired Auxiliary Boiler (package type water-tube boiler with economizer) 
which is used to produce process steam when the main coal fired boilers 
are out of service. The facility's RACT analysis concluded, and New 
Jersey agreed, that RACT requirements for the Auxiliary Boiler are as 
follows: (1) An annual adjustment

[[Page 55952]]

to the combustion process, (2) continued use of LNB in combination with 
Flue Gas Recirculation (FGR), (3) an alternative NOX 
emission limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) an 
annual operating limit of 77,000 MM BTU total heat input which is 
equivalent to annual operation of 1000 hours at design rate.

12. U.S. Generating Company--Logan Generating Plant

    The U.S. Generating Company operates a cogeneration facility in 
Swedesboro, Gloucester County. Included at the facility is a fuel oil 
fired Auxiliary Boiler (package type water-tube boiler with 
economizer), which is used to produce process steam when the main coal 
fired boiler is out of service. The facility's RACT analysis concluded, 
and New Jersey agreed, that RACT requirements for the Auxiliary Boiler 
are as follows: (1) an annual adjustment to the combustion process, (2) 
continued use of LNB/FGR, (3) an alternative NOX emission 
limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) annual operating 
limit of 77,000 MM BTU total heat input which is equivalent to an 
annual operation of 1000 hours at design rate.

13. Schering Corporation

    The Schering Corporation owns and operates a heat recovery steam 
generator (HRSG), equipped with a duct burner that fires natural gas, 
at their U-7 cogeneration facility in Union, Union County. When 
operating under emergency circumstances in a fresh air firing (FAF) 
mode, the HRSG/duct burner cannot meet Subchapter 19's presumptive 
NOX RACT limit. The facility's RACT analysis concluded, and 
New Jersey agreed, that RACT requirements for this generator during the 
FAF mode are as follows: (1) Annual combustion process adjustments, (2) 
continued use of the LNB, and (3) an alternative NOX 
emission limit of 0.183 lbs/MM BTU during natural gas combustion. The 
State may establish a lower NOX emission limit after review 
of the stack test results which are to be submitted to New Jersey by 
May 31, 1996.

14. Jersey Central Power & Light Company (JCP&L)

    JCP&L operates four (Units 4,5,6,7) combined cycle combustion 
turbines (firing natural gas and No.2 fuel oil) with No.2 fuel oil 
fired HRSG/duct burners at its Gilbert Generating Station in Holland 
Township, Hunterdon County. The facility's RACT analysis concluded, and 
New Jersey agreed, that RACT requirements are as follows: (1) Water 
injection to each turbine, (2) annual adjustments to the combustion 
process, (3) alternative NOX emission limits for each gas or 
No. 2 oil fired turbine of 0.17 lbs/MM BTU and 0.26 lbs/MM BTU 
respectively, (4) an annual maximum use of natural gas for each turbine 
of 3.2 x 109 SCF; (5) an annual maximum use of No. 2 fuel 
oil for each turbine of 2,867 x 103 gallons, (6) for each 
gallon of No. 2 fuel oil used, a reduction in the annual natural gas 
consumption of 217 scf is required, and (7) no fuel combustion in the 
HRSG.

III. Phased Compliance Through Repowering

    A summary of EPA's analysis of each source granted phased 
compliance through repowering by New Jersey is as follows.

15. Elizabethtown Water Company (EWC)

    EWC owns and operates two identical lean burn internal combustion 
diesel engines, 1133 horsepower each, at its water treatment and 
distribution facility, Raritan-Millstone plant, in Bridgewater, 
Somerset County. The two engines are 30 years old and their remaining 
useful life is limited, therefore EWC proposed to repower the engines 
to comply with NOX RACT. The State's approved repowering 
plan requires the following: (1) Replacing the engines with ones which 
incorporate advances in the art of air pollution control, (2) 
installing the replacement engines in accordance with the milestones 
specified in a federally enforceable agreement, (3) completing the 
repowering by June 1, 1998, and (4) after repowering, replacement units 
are to meet all Federal, State, SIP, and New Source Review 
requirements. The new engines will emit about 90% less NOX 
than the engines they will replace.
    The repowering plan further requires that, during the interim 
period of May 1, 1995 and June 1, 1998, NOX RACT 
requirements for each of the two existing diesel engines are as 
follows: (1) Switch from diesel oil to No. 2 oil, (2) annually perform 
combustion process adjustments, (3) operate the engines under retarded 
timings, (4) limit emissions to 8.6 grams of NOX per 
horsepower-hour, and (5) install continuous emission monitors and 
recorders in accordance with section 19.18.

G. Final Action

    The EPA is approving the permitted conditions described above as 
RACT for the control of NOX emissions from the sources 
identified in the fifteen source-specific SIP revisions.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve these same fifteen source-
specific SIP revisions. This final rule will be effective December 21, 
1998 without further notice unless the Agency receive relevant adverse 
comments by November 19, 1998.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule did 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 21, 1998 and no further action will 
be taken on the proposed rule.

Administrative Requirements

Executive Order 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order (E.O.) 12866 
entitled, ``Regulatory Planning and Review.'' The final rule is not 
subject to E.O. 13045 entitled, ``Protection of Children from 
Environmental Health Risks and Safety Risks,'' because it is not an 
``economically significant'' action under E.O. 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air 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 
create any new requirements, I certify that this

[[Page 55953]]

action will not have a significant economic impact on a substantial 
number of small entities. Moreover, due to the nature of the Federal-
State relationship under the Clean Air Act, preparation of flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co., v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a federal mandate that may result in estimated annual costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This federal action approves 
pre-existing requirements under state or local law, and imposes no new 
federal requirements. Accordingly, no additional costs to state, local, 
or tribal governments, or to the private sector, result from this 
action.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding today's action under 
section 801 because this is a rule of particular applicability.

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 21, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, representatives of Indian tribal governments 
``to provide meaningful and timely input in the development of 
regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: September 30, 1998.
William J. Muszynski,
Acting Regional Administrator, Region 2.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    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 is amended by adding new paragraph (c)(64) to 
read as follows:


52.1570  Identification of plan.

* * * * *
    (c) * * *
    (64) Revisions to the State Implementation Plan submitted by the 
New Jersey Department of Environmental Protection on June 18, 1996, 
July 10, 1996, December 17, 1996 and May 2, 1997.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or Facility Wide 
Permit. The following facilities have been issued COADs or facility 
wide permits by New Jersey:
    (1) Geon Company's direct-fired dryers, Salem County, NJ facility 
wide permit dated January 30, 1997. Incorporation by reference includes 
only the pages with permit limits related to the dryers.
    (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace,

[[Page 55954]]

Middlesex County, NJ COAD approval dated December 2, 1994.
    (3) Air Products and Chemicals' Hazardous Waste Incinerator, 
Gloucester County, NJ COAD approval dated January 25, 1996.
    (4) Stony Brook Regional Sewerage Authority's sewage sludge 
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 
and modified on May 16, 1996.
    (5) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval 
dated September 20, 1996.
    (6) Atlantic States Cast Iron Pipe Company's cupola and annealing 
oven, Warren County, NJ COAD approval dated November 22, 1994.
    (7) Warren County Resource Recovery Facility's Municipal Waste 
Incinerators, Warren County, NJ COAD dated August 1, 1996.
    (8) Hercules Incorporated's Nitration System, Acid Concentrators, 
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
    (9) US Department of Navy, Naval Air Warfare Center Aircraft 
Division's jet engine test cells, Mercer County, NJ COAD approval dated 
October 31, 1995.
    (10) Atlantic Electric Company's Utility Boiler #8, Salem County, 
NJ COAD approval dated February 25, 1997.
    (11) U.S. Generating Company--Carneys Point Generating Plant's 
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 
1996.
    (12) U.S. Generating Company--Logan Generating Plant's auxiliary 
boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (13) Schering Corporation's heat recovery steam generator with duct 
burner, Union County, NJ COAD approval dated January 5, 1996.
    (14) Jersey Central Power & Light Company's combined cycle 
combustion turbines, Hunterdon County, NJ COAD approval dated April 10, 
1996.
    (15) Elizabethtown Water Company's internal combustion engines, 
Somerset County, NJ COAD approval dated May 8, 1996.
    (ii) Additional information--Documentation and information to 
support NOx RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in four letters 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. dated:

(A) June 18, 1996 for four SIP revisions,
(B) July 10, 1996 for three SIP revisions,
(C) December 17, 1996 for five SIP revisions,
(D) May 2, 1997 for three SIP revisions.

[FR Doc. 98-27924 Filed 10-19-98; 8:45 am]
BILLING CODE 6560-50-P