[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40752-40754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16122]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0004; FRL-8576-6]


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 Environmental Protection Agency (EPA) is announcing 
approval of a revision to the State Implementation Plan (SIP) for ozone 
submitted by the State of New Jersey. The SIP revision consists of a 
source-specific reasonably available control technology (RACT) 
determination for controlling oxides of nitrogen (NOX ) from 
stationary internal combustion engines operated by the Trigen-Trenton 
Energy Co., L.P. This action 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 action is to approve 
source-specific emission limitations required by the Clean Air Act.

DATES: Effective Date: This rule will become effective on August 15, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2008-0004. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New

[[Page 40753]]

York, New York 10007-1866. This Docket Facility is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3708, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    EPA is approving a revision to the New Jersey Department of 
Environmental Protection's (New Jersey's) 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 vented through a common stack. The reader is referred to the 
proposed rulemaking on this action (March 6, 2008, 73 FR 12041) for 
additional details.

II. What Comments Were Received and What Is EPA's Response?

    No comments were received.

III. Conclusion

    EPA has determined that New Jersey's SIP revision for New Jersey's 
NOX RACT determination for Trigen's internal combustion 
engines is consistent with New Jersey's RACT regulation and EPA's 
guidance. EPA has determined that the NOX emission limits 
identified in New Jersey's Conditions of Approval document represent 
RACT for Trigen's internal combustion engines. More specifically, EPA 
approves New Jersey's Conditions of Approval document which includes an 
alternative emissions limit for Trigen's engines while operating on 
dual fuel and low sulfur distillate oil. While burning dual fuel, 
Trigen's engines 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 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. As a point of 
clarification, EPA's approval of the alternative emission limit applies 
only to Trigen's internal combustion engines and does not include 
boilers as stated in the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 September 15, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 28, 2008.
Alan J. Steinberg,
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.


0
2. Section 52.1570 is amended by adding new paragraph (c)(85) to read 
as follows:


Sec.  52.1570  Identification of plan.

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[[Page 40754]]

    (c) * * *
    (85) Revisions to the New Jersey State Implementation Plan (SIP) 
for ozone concerning the control of nitrogen oxides from Trigen-Trenton 
Energy Co., L.P., dated August 7, 2007 submitted by the New Jersey 
State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference:
    (A) a letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled 
``Conditions of Approval, Alternative Maximum Emission Rate for 
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel 
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton 
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved 
January 11, 2007.
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[FR Doc. E8-16122 Filed 7-15-08; 8:45 am]
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