[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Proposed Rules]
[Pages 18323-18327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7863]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ61-260, FRL-7644-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing to 
conditionally approve a revision to the State Implementation Plan (SIP) 
for ozone submitted by the State of New Jersey. This SIP revision 
consists of a source-specific reasonably available control technology 
(RACT) determination for controlling oxides of nitrogen from the sodium 
nitrite manufacturing plant operated by Repauno Products, LLC. This 
action proposes a conditional approval of the source-specific RACT 
determination that was made by New Jersey in accordance with provisions 
of its regulation to help meet the national ambient air quality 
standard for ozone. The intended effect of this proposed rule is to 
conditionally approve source-specific emission limitations required by 
the Clean Air Act.

DATES: Written comments must be received on or before May 7, 2004.

ADDRESSES: Comments may be submitted by mail to Raymond Werner, Chief, 
Air Programs Branch, Environmental Protection Agency, Region II Office, 
290 Broadway, 25th Floor, New York, New York 10007-1866. Comments may 
also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in the ``General 
Information'' section of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Richard Ruvo, Air Programs Branch, 
Environmental Protection Agency Region II, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4014, [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    The Environmental Protection Agency (EPA) is proposing to 
conditionally approve the New Jersey State Department of Environmental 
Protection's (New Jersey's) source-specific reasonably available 
control technology (RACT) determination for controlling oxides of 
nitrogen (NOX) from the sodium nitrite manufacturing plant 
operated by Repauno Products, LLC (Repauno).
    The following table of contents describes the format for this 
SUPPLEMENTARY INFORMATION section:

EPA's Proposed Action
    What Action Is EPA Proposing Today?
    Why Is EPA Proposing This Action?
    What Are EPA's Proposed Conditions For Approval?
    How Can New Jersey Get Full Approval for This SIP Revision?
    What Are the Clean Air Act Requirements for NOX RACT?
    What Is EPA's Evaluation of New Jersey's SIP Revision?
New Jersey's SIP Revision
    What are New Jersey's NOX RACT Requirements?
    What are New Jersey's Facility-Specific NOX RACT 
Requirements?
    When Was New Jersey's RACT Determination Proposed and Adopted?
    When Was New Jersey's SIP Revision Submitted to EPA?
General Information
    How Can I Get Copies Of This Document and Other Related 
Information?
    How and To Whom Do I Submit Comments?
    How Should I Submit CBI To the Agency?

[[Page 18324]]

Conclusion
    Statutory and Executive Order Reviews

EPA's Proposed Action

What Action Is EPA Proposing Today?

    EPA is proposing a conditional approval of New Jersey's revision to 
the ozone State Implementation Plan (SIP) submitted to EPA on July 1, 
1999, and supplemented on September 12, 2002, September 26, 2002, April 
3, 2003, and May 8, 2003. This SIP revision relates to New Jersey's 
NOX RACT determination for Repauno's sodium nitrite 
manufacturing plant located in Gibbstown, Gloucester County.

Why Is EPA Proposing This Action?

    EPA is proposing this action to:

     Give the public the opportunity to submit 
comments on EPA's proposed action, as discussed in the DATES and 
ADDRESSES sections.
     Fulfill New Jersey's and EPA's requirements 
under the Clean Air Act (the Act).
     Require that New Jersey's RACT determination 
consider recent developments in emission control technology.
     Require that New Jersey's RACT determination be 
federally-enforceable.

What Are EPA's Proposed Conditions for Approval?

    EPA is proposing the following two conditions for approving New 
Jersey's source-specific SIP revision for Repauno's NOX RACT 
plan:
    1. New Jersey and Repauno must reassess as part of the RACT 
analysis, the technical and economic feasibility of installing 
selective catalytic reduction (SCR) technology to control 
NOX emissions from Repauno's sodium nitrite manufacturing 
process. The economic feasibility should be in a format consistent with 
the ``EPA Air Pollution Control Cost Manual,'' January 2002 (EPA 452/B-
02-001), http://www.epa.gov/ttn/catc/products.html; and,
    2. New Jersey and Repauno must provide recent continuous emissions 
monitoring (CEM) data from the last two years, or any other two years 
since the 1999 State-approval of Repauno's RACT analysis which are 
determined to be more representative of normal source operation.
    These areas of New Jersey's SIP revision and Repauno's 
NOX RACT plan did not fully satisfy New Jersey's 
NOX RACT regulations and EPA's NOX RACT guidance 
and SIP revision requirements. A Technical Support Document (TSD), 
prepared in support of this proposed action, contains a detailed 
description of EPA's conditions for approval, as well as a detailed 
description of New Jersey's submittal and EPA's evaluation. A copy of 
the TSD is available upon request from the EPA Regional Office listed 
in the ADDRESSES section.

How Can New Jersey Get Full Approval for This SIP Revision?

    EPA is proposing conditional approval of New Jersey's SIP revision, 
provided New Jersey commits in writing, on or before May 7, 2004, to 
correct the deficiencies discussed in the ``What Are EPA's Proposed 
Conditions for Approval?'' section. New Jersey must then correct the 
deficiencies and submit them to EPA within one year of EPA's final 
action on this SIP revision.
    If New Jersey submits a commitment to comply with EPA's conditions, 
EPA will publish a final conditional approval of New Jersey's SIP 
revision. EPA will consider all information submitted prior to any 
final rulemaking action as a supplement or amendment to the July 1, 
1999, submittal. If New Jersey does not make the required commitment to 
EPA, EPA is proposing to disapprove the SIP revision.

What Are the Clean Air Act Requirements for NOX RACT?

    The Act requires certain states to develop RACT regulations for 
major stationary sources of NOX and to provide for the 
implementation of the required measures as soon as practicable but no 
later than May 31, 1995. Under the Act, the definition of major 
stationary source is based on the tons per year (tpy) of air pollution 
a source emits and the quality of the air in the area of the source. In 
ozone transport regions, attainment/unclassified areas as well as 
marginal and moderate ozone nonattainment areas, a major stationary 
source for NOX is considered to be one which emits or has 
the potential to emit 100 tpy or more of NOX and is subject 
to the requirements of a moderate nonattainment area. New Jersey is 
within the Northeast ozone transport region, established by section 
184(a) of the Act, and has defined a major stationary source for 
NOX as a source which has the potential to emit 25 tpy, the 
level set for severe ozone nonattainment areas. Consequently, all major 
stationary sources of NOX within the State of New Jersey are 
required to implement RACT no later than May 31, 1995. For detailed 
information on the Act requirements for NOX RACT see the TSD 
prepared for today's proposal.

What Is EPA's Evaluation of New Jersey's SIP Revision?

    EPA has determined New Jersey's SIP revision for New Jersey's 
NOX RACT determination for Repauno's sodium nitrite 
manufacturing plant is consistent with New Jersey's NOX RACT 
regulation and EPA's guidance, except for the deficiencies discussed in 
the ``What Are EPA's Proposed Conditions for Approval?'' section.
     EPA's basis for evaluating New Jersey's SIP revision, is whether 
it meets the SIP requirements described in section 110 of the Act. EPA 
thinks that New Jersey's SIP revision will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act, once New 
Jersey addresses the conditions for approval.
    After reviewing New Jersey's SIP revision submittals, EPA found 
them all administratively and technically complete. EPA has determined 
that, provided New Jersey agrees to EPA's commitment request, until 
such time that New Jersey complies with all of EPA's conditions for 
approval and submits them to EPA as a SIP revision, the NOX 
emission limits identified in New Jersey's Conditions of Approval 
document represents RACT for Repauno's sodium nitrite manufacturing 
process. The conditions contained in the Conditions Of Approval 
Document currently specify 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. More specifically, EPA proposes to 
conditionally approve the current Conditions of Approval document which 
includes a source-specific emission limitation of 207 pounds of 
NOX per hour for the unit, based on improved absorption and 
process control. 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.

New Jersey's SIP Revision

What are New Jersey's NOX RACT Requirements?

    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

[[Page 18325]]

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 January 27, 1997, the EPA final approval 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 March 29, 1999, the EPA final approval action on the revised 
subchapter 19 was published in the Federal Register (64 FR 14832).

What Are New Jersey's Facility-Specific NOX RACT 
Requirements?

    Section 19.13 of New Jersey's regulation establishes a procedure 
for a case-by-case determination of what represents RACT for a 
particular major facility, item of equipment or source operation. This 
procedure applies to facilities considered major for NOX 
which are in one of the following two situations: (1) Except for non-
utility boilers, if the 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. Today's proposal relates 
to a facility in the first type of situation discussed above.
    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/operators must include a technical and economic feasibility 
analysis of the possible alternative control measures. 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.

When Was New Jersey's RACT Determination Proposed and Adopted?

    New Jersey's RACT determination was first proposed on February 15, 
1995, with a public comment period ending March 15, 1995. New Jersey 
adopted the RACT determination on February 15, 1996. New Jersey 
modified Repauno's RACT determination several other times, after other 
public notices and public comment periods. New Jersey adopted the last 
RACT determination on July 1, 1999.

When Was New Jersey's SIP Revision Submitted to EPA?

    New Jersey's SIP revision was modified several times between 1995 
and 1999. New Jersey submitted SIP revisions to EPA on June 18, 1996, 
January 21, 1998, and July 1, 1999. EPA determined each submittal 
administratively and technically complete. Today's proposal is based on 
the July 1, 1999, SIP revision, as supplemented on September 12, 2002, 
September 26, 2002, April 3, 2003, and May 8, 2003.

General Information

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

    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 NJ61-260. 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.
    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, Office of Air Quality Management, Bureau of 
Air Pollution Control, 401 East State Street, CN027, Trenton, New 
Jersey 08625.
    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.

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 NJ61-
260]'' 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.
    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.

[[Page 18326]]

    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 NJ61-260]'' 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.
    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.
    Disk or CD ROM. You may submit comments on a disk or CD ROM that 
you mail to the mailing address identified 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.
    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 NJ61-
260]'' in the subject line on the first page of your comment.
    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.

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.

Conclusion

    EPA is proposing to conditionally approve the New Jersey SIP 
revision for a source-specific RACT determination for Repauno's sodium 
nitrite manufacturing plant. This SIP revision contains source-specific 
NOX emission limitations for Repauno. EPA is proposing 
conditional approval of New Jersey's SIP revision, provided New Jersey 
commits in writing, on or before May 7, 2004, to correct the 
deficiencies discussed in the ``What Are EPA's Proposed Conditions for 
Approval?'' section. New Jersey must then correct the deficiencies and 
submit them to EPA as a SIP revision within one year of EPA's final 
action on this SIP revision.
    If New Jersey submits a commitment to this effect in writing, on or 
before May 7, 2004, EPA will publish a final conditional approval of 
New Jersey's SIP revision. EPA will consider all information submitted 
prior to any final rulemaking action as a supplement or amendment to 
the SIP submittal. If New Jersey does not make the required commitment 
to EPA, EPA is proposing, in the alternative, to disapprove the SIP 
revision.
    EPA is requesting public comment on the issues discussed in today's 
action. EPA will consider all public comments before taking final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting comments to the EPA Regional office listed in 
the ADDRESSES section.

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 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 (Public Law 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

[[Page 18327]]

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

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

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

    Dated: March 29, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-7863 Filed 4-6-04; 8:45 am]
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