[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Proposed Rules]
[Pages 12041-12043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0004; FRL-8539-1]


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.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
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 stationary 
internal combustion engines and boilers operated by the Trigen-Trenton 
Energy Co., L.P. This action proposes an approval of the source 
specific RACT determination that was made by New Jersey in accordance 
with the provisions of its regulation to help meet the national ambient 
air quality standard for ozone. The intended effect of this proposed 
rule is to approve source-specific emissions limitations required by 
the Clean Air Act.

DATES: Comments must be received on or before April 7, 2008.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2008-0004, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: 212-637-3901
     Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, 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.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2008-
0004. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the

[[Page 12042]]

Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters or any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. EPA requests, if at all 
possible, that you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3708 or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Proposed Action
    A. What Action Is EPA Proposing Today?
    B. Why Is EPA Proposing This Action?
    C. What Are the Clean Air Act Requirements for NOX 
RACT?
    D. What Is EPA's Evaluation of New Jersey's SIP Revision?
II. New Jersey's SIP Revision
    A. What Are New Jersey's NOX RACT Requirements?
    B. What Are New Jersey's Facility-Specific NOX RACT 
Requirements?
    C. When Was New Jersey's RACT Determination Proposed and 
Adopted?
    D. When Was New Jersey's SIP Revision Submitted to EPA?
III. Conclusion
VI. Statutory and Executive Order Reviews

I. EPA's Proposed Action

A. What Action Is EPA Proposing Today?

    EPA is proposing to approve New Jersey's revision to the ozone 
State Implementation Plan (SIP) submitted on August 7, 2007. This SIP 
revision relates to New Jersey's NOX RACT determination for 
the Trigen-Trenton Energy Co. L.P. (Trigen) facility located in 
Trenton, Mercer County. The facility contains two stationary 
reciprocating internal combustion engines and two boilers vented 
through a common stack.

B. 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 (Act).
     Make New Jersey's RACT determination federally-
enforceable.

C. What Are the Clean Air Act Requirements for NOX RACT?

    The Act requires certain states to develop RACT regulations for 
stationary sources of NOX and to provide for the 
implementation of the required measures as soon as practicable. Under 
the Act, the definition of a 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 a source. In ozone transport regions, 
attainment/unclassified areas as well as marginal and moderate ozone 
attainment 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 of NOX as a source which 
has the potential to emit 25 tpy, the level set for severe 
nonattainment areas. For detailed information on the Act requirements 
for NOX RACT see the Technical Support Document (TSD), 
prepared in support of this proposed action. A copy of the TSD is 
available upon request from the EPA Regional Office listed in the 
ADDRESSES section or it can be viewed at www.regulations.gov.

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

    EPA has determined that New Jersey's SIP revision for the 
NOX RACT determination for Trigen's engines and boilers is 
consistent with New Jersey's NOX RACT regulation and EPA's 
guidance. 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 has determined that New Jersey's SIP revision will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement to the 
Act.
    After reviewing New Jersey's SIP revision submittal, EPA found it 
administratively and technically complete. EPA has determined that the 
NOX emission limits identified in New Jersey's Conditions of 
Approval document represent RACT for Trigen's engines and boilers. The 
conditions contained in the Conditions of Approval Document currently 
specify emissions limits, work practice standards, testing, monitoring, 
and recordkeeping/reporting requirements. These conditions are 
consistent with the NOX RACT requirements specified in 
Subchapter 19 of Chapter 27, Title 7 of the New Jersey Administrative 
Code and conform to EPA NOX RACT guidance. More 
specifically, EPA proposes to approve the current Conditions of 
Approval document which includes an alternative emissions limit for the 
Trigen engines and boilers while operating on dual fuel and low sulfur 
distillate oil. While burning dual fuel, Trigen will comply with the 
NOX RACT limit of 2.3 g/bhp-hr. Under conditions specified 
for burning low sulfur distillate oil, emissions of NOX from 
the engines and boilers shall not exceed 12 g/bhp-hr. The use of low 
sulfur distillate oil is limited to 200 hours per year per engine 
during startup, shutdown, injector cleanout, major component break-in 
and during emergencies. Trigen is also limited to using low sulfur 
distillate oil for only one engine at any time, excluding times of 
natural gas curtailment or emergency. 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.

II. New Jersey's SIP Revision

A. What Are New Jersey's NOX RACT Requirements?

    New Jersey's NOX RACT requirements are contained in 
Subchapter 19, entitled ``Control of Oxides of Nitrogen'', of Chapter 
27, Title 7 of the New Jersey Administrative Code. New Jersey has made 
numerous revisions to Subchapter 19 since the original SIP submission. 
The current SIP approved version of Subchapter 19 has an effective date 
of

[[Page 12043]]

October 17, 2005 and was approved by EPA on July 31, 2007.

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

    Section 19.13 of New Jersey's regulation establishes a procedure 
for what a case-by-case determination of what represents RACT for a 
major NOX 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. This 
proposal relates to a facility in the second situation listed 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 alternative maximum allowable 
emission rate must be submitted to EPA for approval as a SIP revision.

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

    New Jersey's RACT determination was proposed on December 11, 2006, 
with the public comment period ending January 10, 2007. New Jersey 
adopted the RACT determination on January 11, 2007.

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

    New Jersey's SIP revision was submitted to EPA on August 7, 2007. 
EPA determined that the submittal was administratively and technically 
complete on December 3, 2007.

III. Conclusion

    EPA is proposing to approve the New Jersey SIP revision for an 
alternative RACT emission limit determination for the Trigen-Trenton 
Energy Co. L.P engines and boilers. This SIP revision contains source-
specific NOX emission limitations for Trigen. EPA will 
consider all comments submitted prior to any final rulemaking action.

IV. 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 (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 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 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, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 26, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
 [FR Doc. E8-4346 Filed 3-5-08; 8:45 am]
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