[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Rules and Regulations]
[Pages 46104-46106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17371]



[[Page 46104]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ 67-274 FRL-7788-6]


Approval and Promulgation of Implementation Plans New Jersey 
Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 7, 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.

EFFECTIVE DATE: This rule will be effective September 1, 2004.

ADDRESSES: 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 Action Is EPA Taking Today?

    EPA is approving a revision to New Jersey's ozone SIP submitted on 
January 23, 2003. New Jersey submitted a SIP revision which included an 
adopted Emission Statement Regulation. The regulation amends N.J.A.C. 
title 7, chapter 27, subchapter 21, Emission Statements. The amendments 
were adopted on January 23, 2003, by the New Jersey Department of 
Environmental Protection (NJDEP) and became effective on February 18, 
2003. The reader is referred to the proposed rulemaking (December 9, 
2003, 68 FR 68581) for additional details.

II. What Role Does This Action Play in the Ozone and CO SIP?

    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 actual emissions of VOC and NOX. Further, 
states with ozone nonattainment areas are required to submit a SIP 
revision 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 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 federal reporting requirements, on June 10, 
2002 (67 FR 39602), EPA published the final Consolidated Emissions 
Reporting rule. The purpose of the Consolidated Emissions Reporting 
rule is to simplify the states' annual reporting of criteria pollutants 
(SO2, NOX, PM2.5, PM10, CO 
and Pb) to EPA and their precursors (VOC, NOX and 
NH3) for which the National Ambient Air Quality Standards 
(NAAQS) have been established. The Consolidated Emissions Reporting 
rule also offers options for data collection and exchange and unifies 
reporting dates for various categories of criteria pollutant emission 
inventories. States are to report emissions from industrial point 
sources (based on specific emission thresholds) starting with 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 Consolidated Emissions Reporting rule is a requirement that 
states collect PM2.5 and 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 rule appropriately requires facilities anywhere in the 
State which emit or have the potential to emit 10 tpy or more of VOC or 
25 tpy or more of NOX to submit an annual emission 
statement. In accordance with the provisions to waive reporting 
requirements, New Jersey will continue to allow its previously 
established waiver from the Emission Statement Program for sources 
emitting less than 10 tpy of VOC and less than 25 tpy of 
NOX. New Jersey has included these sources of emissions 
(calculated using emission factors established or approved by EPA) in 
the base year inventory and will continue to do so for the periodic 
inventories.
    New Jersey's Emission Statement rule, enhances the reporting 
requirements of VOC and NOX and expands the reporting 
requirement based on specified emission thresholds to include CO, 
SO2, TSP, PM2.5, PM10, NH3, 
Pb, 36 HAPs, CO2 and CH4. The intended effect is 
to provide improved information to plan for and attain the air quality 
standards.
    New Jersey's Emission Statement rule, which requires facilities to 
report information for criteria pollutants, their associated precursors 
mentioned above and HAPs, will now enable the State to satisfy the 
federal Consolidated Emissions Reporting rule requirements for major 
sources and help the State to develop a HAPs emission inventory for use 
in National Air Toxics Assessment.
    The State's Emission Statement program requires facilities to 
report on the following pollutants to assist the

[[Page 46105]]

State in air quality planning needs: hydrochloric acid, hydrazine, 
methylene chloride, tetrachloroethylene, 1,1,1 trichloroethane, 
CO2 and CH4. While EPA recognizes the value of 
this information, EPA will not take a SIP-related enforcement action 
should a facility not submit this information to the State in an 
emission statement because these substances do not cause or exacerbate 
exceedances of the NAAQS.

III. What Are EPA's Conclusions?

    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. 
Accordingly, EPA is approving Subchapter 21, Emission Statements, as 
part of the SIP.

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 (Pub. L. 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 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 October 1, 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 30, 2004.
Jane M. Kenny,
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)(75) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (75) Revisions to the State Implementation Plan submitted on 
January 23, 2003 by the State of New Jersey Department of Environmental 
Protection for the purpose of enhancing an existing Emission Statement 
Program for stationary sources in New Jersey. 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.
    (i) Incorporation by reference:
    (A) Amended Regulation Subchapter 21 of Title 7, Chapter 27 of the 
New Jersey Administrative Code, entitled ``Emission Statements,'' 
adopted on January 23, 2003 and effective on February 18, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated January 23, 2003, requesting EPA approval of a 
revision to the Ozone and CO SIP which contains amendments to the 
Subchapter 21 ``Emission Statements.''
* * * * *

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0
3. Section 52.1605 is amended by revising the entry under Title 7, 
Chapter 27 for Subchapter 21 in the table to read as follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

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          State regulation            State effective date      EPA approved date              Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 7, Chapter 27
 
                                                  * * * * * * *
Subchapter 21, ``Emission            Feb. 18, 2003.........  August 2, 2004, FR      Section 7:27-21.3(b)(1) and
 Statements.''.                                               page citation.          7:27-21.3(b)(2) of New
                                                                                      Jersey's Emission
                                                                                      Statement rule requires
                                                                                      facilities to report on
                                                                                      the following pollutants
                                                                                      to assist the State in air
                                                                                      quality planning needs:
                                                                                      hydrochloric acid,
                                                                                      hydrazine, methylene
                                                                                      chloride, tetrachlor-
                                                                                      ethylene, 1, 1, 1
                                                                                      trichloroethane, carbon
                                                                                      dioxide and methane. EPA
                                                                                      will not take SIP-related
                                                                                      enforcement action on
                                                                                      these pollutants.
 
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[FR Doc. 04-17371 Filed 7-30-04; 8:45 am]
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