[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Proposed Rules]
[Pages 68581-68585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30514]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ 63-263, FRL-7596-7]


Approval and Promulgation of Implementation Plans; 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 January 23, 2003 for the purpose of enhancing an 
existing Emission Statement Program for stationary sources in New 
Jersey. The SIP revision consists of amendments to the New Jersey 
Administrative Code (N.J.A.C.) Title 27, Chapter 27, Subchapter 21 
Emission Statements.
    The SIP revision 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 (VOC), oxides of 
nitrogen (NOX) and carbon monoxide (CO), in order for the 
State to make this data available to EPA and the public.
    The rule enhances the reporting requirements of VOC and 
NOX and expands the reporting requirement based on specified 
emission thresholds to include CO, sulfur dioxides (SO2), 
total suspended particulate matter (TSP), particulate matter measuring 
2.5 microns or less (PM2.5), particulate matter measuring 10 
microns or less (PM10), ammonia (NH3), lead (Pb), 
hazardous air pollutants (HAPS), and carbon dioxide (CO2) 
and methane (CH4). The intended effect is to provide 
improved information to plan for and attain the air quality standards.

DATES: Comments must be received on or before January 8, 2004.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Raymond Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region 2 Office, 290 
Broadway, New York, New York 10007-1866. Electronic comments could be 
sent either to [email protected] or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. Go directly to http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. Please follow the on-line instructions for submitting 
comments.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours:
    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.
    Environmental Protection Agency, Region II Office, 290 Broadway, 
New York, New York 10007-1866.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3716, [email protected].

SUPPLEMENTARY INFORMATION:

I. What Is Required by the Clean Air Act and How Does It Apply to New 
Jersey?

Emission Statements (Annual Reporting of VOC and NOX)

    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.
    Section 182(a) of the Act establishes requirements for stationary 
sources of air pollution to prepare and submit to the state statements 
each year showing

[[Page 68582]]

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.

Consolidated Emission Reporting Rule (Annual Reporting for All Criteria 
Pollutants)

    In order to consolidate reporting requirements by the states to 
EPA, on June 10, 2002 (see FR 39602), EPA published the final 
Consolidated Emissions Reporting rule (CERR). The purpose of the CERR 
is to simplify the states' annual reporting of criteria pollutants for 
which the National Ambient Air Quality Standards (NAAQS) have been 
established and their precursors (VOC, NOX, SO2, 
PM10, PM2.5, CO, NH3, Pb) to EPA, 
offer options for data collection and exchange, and unify reporting 
dates for various categories of criteria pollutant emission 
inventories. The CERR requires states to report to EPA emissions of 
NOX, CO, VOC, Pb, SO2, PM10, annually 
for industrial point sources (based on specific emission thresholds) 
based on calendar year (CY) 2001 and due June 1, 2003 and continuing 
every year thereafter (i.e., CY 2002 emission inventory due June 1, 
2004, CY 2003 emission inventory due June 1, 2005, * * * etc.). One 
important element of the CERR is a requirement that states collect 
PM2.5 and ammonia (NH3) emissions data from 
industrial facilities. Reporting of PM2.5 and NH3 
from point sources becomes effective June 2004, for emissions that 
occurred during calendar year 2002.
    New Jersey's Emission Statement rule, which requires facilities to 
report information for the criteria pollutants and the associated 
precursors mentioned above, will now enable the State to satisfy the 
federal CERR requirements for major sources.

Hazardous Air Pollutants (Periodic Reporting of Hazardous Air 
Pollutants)

    In addition to the emission inventory provisions related to NAAQS 
pollutants, EPA has requested that the states report HAP emissions from 
anthropogenic sources for the National Toxics Inventory. The National 
Toxics Inventory (NTI) is an emission inventory developed every three 
years (1993, 1996, 1999, etc.) by EPA. The NTI is a complete national 
inventory of stationary and mobile sources that emit hazardous air 
pollutants (HAPs).
    The NTI contains emission estimates for large stationary sources 
(point), small stationary sources (non-point), and mobile sources. 
Point sources in the NTI include major and area source categories as 
defined in section 112 of the Clean Air Act. Non-point source 
categories in the NTI include area sources that are not included in the 
point sources and other stationary source categories. Individual 
emission estimates are developed for point sources, while aggregate 
emission estimates at the county level are developed and recorded for 
non-point stationary and mobile sources. The NTI also identifies 
facilities and non-point source categories that are associated with 
MACT categories.

Need for NTI Inventory

    Title V of the Act requires the Administrator to perform an 
oversight role with respect to state issued permits, including permits 
issued to major sources of HAP emissions. In order to determine whether 
that program is being appropriately and lawfully administrated by the 
states with respect to major HAP sources, a HAP emission inventory is 
necessary. States are developing programs to regulate HAPs and State 
Title V programs must include permits for all HAP sources emitting 
major quantities of HAPs (10 tons of one HAP or 25 tons of multiple 
HAPs per year). Thus, the EPA believes including HAPs in the point 
source inventory is appropriate and necessary.
    Section 112(n)(1)(A) of the Act requires EPA to report to Congress 
on the hazards to public health reasonably anticipated to occur as a 
result of emissions from electric utility steam generating units. 
Section 112(n)(1)(B) requires EPA to provide a report to Congress that 
considers the rate and mass of HAP emissions and the health and 
environmental effects of these emissions. Section 112(c)(6) requires a 
list of categories and subcategories of HAP sources subject to 
standards that account for not less than 90 percent of the aggregate 
emission of each pollutant. Although these new requirements do not 
include specific provisions requiring the compilation of HAP emissions 
inventories, they do introduce the need for such inventories in order 
to carry out the mandated statutes.
    Section 112(k)(3) of the Act mandates that EPA develop a strategy 
to control emissions of HAPs from area sources in urban areas, and that 
the strategy achieves a reduction in the incidence of cancer 
attributable to exposure to HAPs emitted by stationary sources of not 
less than 75 percent, considering control of emissions from all 
stationary sources, as well as a substantial reduction in public health 
risks posed by HAPs from area sources. These mandated risk reductions 
are to be achieved by taking into account all emission control measures 
implemented by the Administrator or by the states under this or any 
other laws. A reliable HAP emission inventory covering all stationary 
sources of HAPs, including point and area sources, will be important in 
developing the mandated strategy and demonstrating that the strategy 
achieves the mandated risk reductions. It would be virtually impossible 
for EPA to identify and estimate HAP-specific emission reductions from 
all the federal and State rules that might result in HAP emission 
reductions. Therefore, EPA believes development of the strategy and 
assessment of progress in achieving the strategic goals requires the 
development and periodic update of a HAP emission inventory.
    As presented in the July 19, 1999 Federal Register action on the 
National Air Toxics Program: The Integrated Urban Strategy (64 FR 
38706), a designed approach has been developed that depends upon a 
reliable and periodically updated HAP emission inventory as a critical 
element in the assessments that support the development and evaluation 
of our urban strategy.
    New Jersey's Emission Statement rule, which requires facilities to 
report information for the hazardous air pollutants, will now help the 
State to satisfy the HAPs reporting requirements for major sources.

[[Page 68583]]

II. What Was Included in New Jersey's Submittal?

New Jersey's Submittal

    On January 23, 2003, New Jersey submitted a SIP revision for ozone 
and CO which included an adopted Emission Statement Regulation. The 
regulation amends New Jersey Administrative Code Title 7, Chapter 27, 
Subchapter 21 Emission Statements and Subchapter 22 Operating Permits, 
and Title 7, Chapter 27A, Subchapter 3 Civil Administrative Penalties 
and Requests for Adjudicatory Hearings. The amendments were adopted on 
January 23, 2003, by the New Jersey Department of Environmental 
Protection (NJDEP) and became effective on February 18, 2003.

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 specifying source 
applicability, definitions, compliance, and specific source reporting 
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 proposal.

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 NAAQS for ozone. New Jersey's regulation 
appropriately requires facilities anywhere in the State actually 
emitting or having the potential to emit 10 tons per year or more of 
VOC or 25 tons per year or more of NOX to submit an annual 
emission statement.
    New Jersey's regulation requires sources which have the potential 
to emit 100 tons per year or more of CO, SO2, TSP, 
PM2.5, PM10, NH3 or 5 tons per year or 
more of Pb to submit annual emission statements.
    New Jersey's rule has special provisions which require sources 
which have the potential to emit VOC greater than 10 tons per year but 
less than 25 tons per year of VOC, or less than the applicable 
reporting thresholds for the other criteria pollutants mentioned 
earlier to report annual emission statements for VOC, NOX, 
CO and 36 HAPs.
    New Jersey's regulations include special provisions that require 
sources which have the potential to emit 25 tons per year or more of 
VOC, or, the potential to emit equal to or higher than the specific 
emission thresholds for the other criteria pollutants mentioned earlier 
to submit annual emission statements for VOC, NOX, CO, 
SO2, TSP, Pb, PM10, PM2.5, 
NH3, CO2 and CH4 and 36 HAPs.
    EPA has determined that New Jersey has addressed the emission 
statement applicability provisions in a manner that is acceptable to 
EPA. In addition, New Jersey's emission statement rule will assist the 
State in satisfying the annual reporting requirements for the federal 
CERR, help the State to develop a HAPS emission inventory for use in 
National Air Toxics Assessment.

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. 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. 
In addition, New Jersey has established penalties to be assessed for 
each reporting violation.
    New Jersey's statute and regulations includes the authority to 
issue compliance orders with appropriate penalties and injunctive 
relief 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 requires the 
necessary source-supplied data elements from facilities. The survey 
forms that New Jersey provides to facilities for use in reporting 
emission statement data are not EPA forms but require the necessary 
data.
    The State's Emission Statement program requires facilities to 
report on the following pollutants to assist the State in air quality 
planning needs: hydrochloric acid, hydrazine, methylene chloride, 
tetrachloroethylene, 1,1,1 trichloroethane, CO2 and methane. 
While EPA recognizes the value of this information, EPA will not take 
enforcement action should a facility not submit this information to the 
State in an emission statement because these substances do not 
contribute to violation of the NAAQS.
    It should be noted the State's SIP revision request also contains 
Subchapter 22 Operating Permits and Title 7, Chapter 27A, Subchapter 3 
Civil Administrative Penalties and Requests for Adjudicatory Hearings. 
In this action EPA is officially acting on NJAC Title 7, Chapter 27, 
Subchapter 21 Emission Statements. However, EPA will not be acting on 
NJAC Title 7, Subchapter 22 Operating Permits and Title 7, Chapter 27A, 
Subchapter 3 Civil Administrative Penalties and Requests for 
Adjudicatory Hearings and will not be incorporating these amendments by 
reference into the SIP. Title 7, Subchapter 22 involves a separate 
program under EPA's Title V program. Title 7, Chapter 27A, Subchapter 3 
involves enforcement and civil penalties, EPA has its own enforcement 
provisions separate from the State program.

III. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under Region 2 Docket Number NJ 63-263. The official public file 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Environmental Protection Agency, Region II 
Office, Air Programs Branch, 290 Broadway, New York, New York 10007-
1866. EPA requests that if at all possible, you contact the contact 
listed in the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal Holidays.

[[Page 68584]]

    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency.
    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.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 2 Docket Number NJ 63-
263'' in the subject line on the first page of your comment. Please 
ensure that your comments are submitted within the specified comment 
period. Comments received after the close of the comment period will be 
marked ``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please include the text ``Public comment on 
proposed rulemaking Region 2 Docket Number NJ 63-263'' in the subject 
line. EPA's e-mail system is not an ``anonymous access'' system. If you 
send an e-mail comment directly without going through Regulations.gov, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Raymond Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region II Office, 290 
Broadway, New York, New York 10007-1866. Please include the text 
``Public comment on proposed rulemaking Region 2 Docket Number NJ 63-
263'' in the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Raymond 
Werner, Chief, Air Programs Branch, Environmental Protection Agency, 
Region II Office, 290 Broadway, New York, New York 10007-1866. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30 excluding Federal Holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

IV. What Is EPA's Conclusion?

    EPA has concluded that the New Jersey program contains the 
necessary applicability, compliance and reporting provisions necessary 
to meet the requirements for an Emission Statement Program. EPA is 
proposing to approve Subchapter 21, Emission Statements, as part of the 
SIP.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May

[[Page 68585]]

22, 2001). This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to 
approve pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
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).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have federalism implications because it does not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 28, 2003.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
[FR Doc. 03-30514 Filed 12-8-03; 8:45 am]
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