[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39856-39858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ69-276, FRL-7776-5]


Conditional 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: Final rule.

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SUMMARY: The EPA is conditionally approving 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 conditionally approves 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 
final rule is to conditionally approve source-specific emission 
limitations required by the Clean Air Act.

EFFECTIVE DATE: This rule is effective on August 2, 2004.

ADDRESSES: The official public rulemaking file is available for public 
viewing during normal business hours at the EPA, Region 2 Office, Air 
Programs Branch, 290 Broadway, New York, New York 10007-1866. Copies of 
the State submittal and EPA's technical support document are also 
available for public inspection during normal business hours at the 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. Copies of documents related to the 
docket are also available at the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102T), 1301 Constitution Avenue, NW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Richard Ruvo, Air Programs Branch, 
Environmental Protection Agency Region 2, 290 Broadway, 25th Floor, New 
York, New York 10007-1866, (212) 637-4014, [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    EPA is conditionally approving 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:

I. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive on the Proposal?
III. What Is EPA's Conclusion?
IV. Statutory and Executive Order Reviews

[[Page 39857]]

I. What Action Is EPA Taking Today?

    EPA is conditionally approving 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.
    EPA published in the Federal Register on April 7, 2004 (69 FR 
18323) a proposal to conditionally approve New Jersey's SIP revision. 
The April 7, 2004 proposed rule contains additional information 
regarding New Jersey's SIP revision, EPA's rationale for conditionally 
approving New Jersey's SIP revision, and describes in detail the 
deficiencies that New Jersey must address in order for EPA to fully 
approve this SIP revision. The two deficiencies are to:
    1. Reassess as part of the RACT analysis, the technical and 
economic feasibility of installing selective catalytic reduction (SCR) 
technology and,
    2. Provide recent continuous emissions monitoring (CEM) data in 
order to determine an appropriate NOX RACT emission 
limitation.
    In a letter dated May 14, 2004, New Jersey committed to correct the 
two deficiencies discussed in the April 7, 2004 proposed rule, and to 
submit a new SIP revision within one year of the effective date of this 
rule. Once New Jersey submits a new SIP revision to address these 
deficiencies, EPA can take action to fully approve the SIP revision. If 
New Jersey does not submit approvable revisions within one year of the 
effective date of this rule, this conditional approval will 
automatically revert to a disapproval of New Jersey's SIP revision. EPA 
will publish a document in the Federal Register indicating whether the 
conditional approval was satisfied or became a disapproval.

II. What Comments Did EPA Receive on the Proposal?

    EPA's April 7, 2004 proposed rule provided a 30-day public comment 
period. During this period, EPA received one comment letter on the 
proposal to conditionally approve New Jersey's NOX RACT 
determination. EPA's response immediately follows a summary of the 
public comment.
    Comments: A concerned citizen commented in support of lower 
NOX emissions in New Jersey and in support of clean air in 
general. The comments were not directed at Repauno as a specific source 
or any specific NOX emission limitation at Repauno. In 
addition, the comments did not include any supporting information or 
justification.
    Response: EPA acknowledges the citizen's support for clean air, 
however no specific information or supporting justification relevant to 
the NOX RACT determination for Repauno was provided for EPA 
to reconsider the proposed conditional approval. For the reasons in 
this section, and in the April 7, 2004 proposal, EPA is conditionally 
approving the NOX emission limitation for Repauno, 
consistent with the RACT requirements of the Clean Air Act.

III. What Is EPA's Conclusion?

    EPA is conditionally approving 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 conditionally 
approving New Jersey's SIP revision, since New Jersey committed to 
correct the two deficiencies discussed in the April 7, 2004 proposal, 
and to submit them to EPA as a SIP revision within one year of the 
effective date of this final rule. EPA received one adverse comment 
letter on the April 7, 2004 proposal, however the comments did not 
provide specific information necessary for EPA to reconsider the 
proposed conditional approval. EPA has determined that until such time 
that New Jersey corrects the two deficiencies 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.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 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 approves 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 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 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.).
    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

[[Page 39858]]

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. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 30, 2004. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 9, 2004.
Anthony Cancro,
Acting Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(77) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (77) Revisions to the State Implementation Plan submitted by the 
New Jersey Department of Environmental Protection on July 1, 1999 and 
supplemented on September 12, 2002, September 26, 2002, April 3, 2003 
and May 8, 2003.
    (i) Incorporation by reference:
    Conditions of Approval Document: Conditions of Approval Document 
issued by New Jersey on July 1, 1999 to Repauno Products, LLC's sodium 
nitrite manufacturing plant, Gibbstown, Gloucester County.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits in SIP 
revision addressed to Regional Administrator Jeanne M. Fox from New 
Jersey Commissioner Robert C. Shinn, Jr.:
    (A) July 1, 1999 SIP revision,
    (B) September 12, 2002, September 26, 2002, April 3, 2003 and May 
8, 2003 supplemental information to the SIP revision,
    (C) May 14, 2004 commitment letter from New Jersey.

[FR Doc. 04-14821 Filed 6-30-04; 8:45 am]
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