[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45483-45485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18887]



[[Page 45483]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-0161; FRL-9175-7]


Approval and Promulgation of Implementation Plans; Implementation 
Plan Revision; State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approvinga 
request from the State of New Jersey to revise its State Implementation 
Plan (SIP) to incorporate amendments to Subchapter 4 ``Control and 
Prohibition of Particles from Combustion of Fuel,'' Subchapter 10 
``Sulfur in Solid Fuels,'' Subchapter 16 ``Control and Prohibition of 
Air Pollution by Volatile Organic Compounds,'' Subchapter 19 ``Control 
and Prohibition of Air Pollution from Oxides of Nitrogen,'' and related 
amendments to Subchapter 21 ``Emission Statements.'' The amendments 
relate to the control of oxides of nitrogen (NOx), sulfur 
dioxide (SO2), particles and volatile organic compounds 
(VOCs) from stationary sources.
    This SIP revision consists of control measures needed to meet the 
State's commitment to adopt additional reasonably available control 
technology (RACT) rules that address RACT requirements for the 1997 
national ambient air quality standards for ozone. Additionally, the SIP 
revision includes control measures that will help the State meet the 
national ambient air quality standards for fine particles.
    The intended effect of this action is to approve the State control 
strategy, which will result in emission reductions that will help 
achieve attainment of the national ambient air quality standards for 
ozone and fine particles required by the Clean Air Act (the Act).

DATES: Effective Date: This rule is effective on September 2, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2010-0161. 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 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: Paul Truchan ([email protected]) 
concerning Subchapters 16 and 21, Anthony (Ted) Gardella 
([email protected]) concerning Subchapter 19, and Kenneth 
Fradkin ([email protected]) concerning Subchapters 4 and 10, at 
the Air Programs Branch, Environmental Protection Agency, 290 Broadway, 
25th Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What action is EPA taking?
II. What supplemental SIP information did New Jersey submit?
III. What comments did EPA receive in response to its proposal?
IV. What are EPA's conclusions?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    On April 21, 2009, as supplemented on May 7, 2010, New Jersey 
submitted a proposed revision to the State Implementation Plan (SIP) 
that includes amendments to New Jersey Administrative Code, Title 7: 
Chapter 27 (NJAC 7:27) Subchapter 4 ``Control and Prohibition of 
Particles from Combustion of Fuel;'' Subchapter 8 ``Permits and 
Certificates for Minor Facilities (and Major Facilities Without an 
Operating Permit);'' Subchapter 10 ``Sulfur in Solid Fuels;'' 
Subchapter 16 ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds;'' Subchapter 19 ``Control and Prohibition of Air 
Pollution from Oxides of Nitrogen;'' and Subchapter 21 ``Emission 
Statements.''
    EPA is approving the State amendments to Subchapter 4 and 
Subchapter 10 as revisions to the SIP. These amendments relate to the 
control of particle and sulfur dioxide emissions and will help the 
State make advances towards reducing regional haze and meeting the 
national ambient air quality standards (NAAQS) for fine particles.
    EPA will review Subchapter 8 and will address the approvability of 
all Subchapter 8 amendments in a future action.
    EPA is approving, as revisions to the New Jersey ozone SIP, the 
State-adopted amendments to Subchapter 16 and Subchapter 19, and 
related amendments to Subchapter 21, each adopted by New Jersey on 
March 20, 2009, and submitted to EPA on April 21, 2009 and as 
supplemented on May 7, 2010. New Jersey amended Subchapter 16 and 
Subchapter 19 to meet the State's commitment to adopt additional RACT 
rules for 12 of 13 source categories (see 74 FR 2945, January 16, 
2009), which will result in additional emission reductions of 
NOx and VOCs. New Jersey's State-adopted Subchapters 16 and 
19, and the related amendments to Subchapter 21, are fully approvable 
as SIP-strengthening measures for New Jersey's ozone SIP. The 
amendments to Subchapters 16, 19 and 21 in New Jersey's submittal meet 
the State's commitment to adopt additional RACT control measures for 12 
of 13 source categories to achieve additional emission reductions of 
NOx and VOCs to attain the 8-hour ozone standard. The one 
remaining source category, adhesives and sealants, will be addressed in 
a separate rulemaking.
    For additional details on EPA's analysis and findings the reader is 
referred to the proposal published in the April 23, 2010 Federal 
Register (75 FR 21197) and a more detailed discussion as contained in 
the Technical Support Document which is available on line at http://www.regulations.gov, Docket number EPA-R02-OAR-2010-0161.

II. What supplemental SIP information did New Jersey submit?

    On May 7, 2010, New Jersey submitted to EPA a supplement to the 
State's proposed SIP revision dated April 21, 2009. The supplement 
consists of two administrative changes to Subchapter 19 and includes a 
copy of the changes as published in the New Jersey Register (NJR) and 
the updated version of Subchapter 19. The specific administrative 
changes to Subchapter 19 are as follows: (1) At section 7:27-19.1, the 
definition of ``interim period'' is changed to correct an erroneous 
date and now correctly limits the end date of the ``interim period'' 
for phased compliance for reasons of practicability pursuant to section 
19.22 to no later than May 19, 2010 (41 NJR 2648(c), dated July 6, 
2009); and (2) at section 7:27-19.29(b)2, the deadline for owners/
operators of High Electric Demand Day (HEDD) units to submit the 2009 
HEDD Emission Reduction Compliance Demonstration Protocol (``2009 
Protocol'') is corrected and shortened to the rule operative date of 
May 19, 2009 (41 NJR 2470(a), dated June 15, 2009).
    The first administrative change regarding the definition of 
``interim period'' addresses EPA's comment in the

[[Page 45484]]

April 23, 2010 proposal (see section I.I.5) regarding an inconsistency 
between two provisions. The second administrative change clarifies when 
the 2009 Protocol is required to be submitted by owners/operators of 
HEDD units regulated under section 19.29 of Subchapter 19. EPA agrees 
with these changes.
    This supplement to the SIP is included in the Docket and may be 
viewed by the reader at http://www.regulations.gov.

III. What comments did EPA receive in response to its proposal?

    No comments were received on EPA's April 23, 2010 proposal.

IV. What are EPA's conclusions?

    EPA has evaluated New Jersey's submittal for consistency with the 
Act, EPA regulations, and EPA policy. The new control measures will 
strengthen the SIP by providing additional NOx, 
SO2, fine particulate, and VOC emission reductions that the 
State committed to achieve. Accordingly, EPA is approving the revisions 
to Subchapters 4, 10, 16, 19, and related revisions to Subchapter 21, 
as adopted on March 20, 2009 and July 6, 2009, except that EPA is 
continuing to not act on the phased compliance plans by repowering and 
innovative control in sections 19.21 and 19.23, respectively. In 
addition, EPA has determined that New Jersey has met the requirement to 
adopt NOx RACT and EPA is removing 40 CFR 52.1576, relating 
to a prior finding that NOx RACT was not included in the New 
Jersey SIP. At a later date, EPA will act on Subchapter 8, as adopted 
by New Jersey on March 20, 2009.
    With the adoption of Subchapters 16, 19 and 21, New Jersey has 
fulfilled its commitment to adopt additional RACT control measures for 
12 of 13 source categories to achieve additional emission reductions of 
NOx and VOCs to attain the 8-hour ozone standard. The one 
remaining source category, adhesives and sealants, will be addressed in 
a separate rulemaking.

V. 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 October 4, 2010. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

     Dated: July 2, 2010.
Judith A. Enck,
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)(88) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (88) A revision submitted on April 21, 2009, as supplemented on May 
7, 2010, by the New Jersey Department of Environmental Protection 
(NJDEP) that establishes revised control measures for achieving 
additional reductions of NOx, SO2, fine particulate, and VOC 
emissions from stationary sources that will help achieve attainment of 
the national ambient air quality standard for ozone and fine particles, 
as well as help to reduce regional haze.
    (i) Incorporation by reference:
    (A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC 
7:27): Subchapter 4 ``Control and Prohibition

[[Page 45485]]

of Particles from Combustion of Fuel'' with an effective date of April 
20, 2009; Subchapter 10 ``Sulfur in Solid Fuels'' with an effective 
date of April 20, 2009; Subchapter 16 ``Control and Prohibition of Air 
Pollution by Volatile Organic Compounds'' with an effective date of 
April 20, 2009; Subchapter 19 ``Control and Prohibition of Air 
Pollution from Oxides of Nitrogen'' with an effective date of July 6, 
2009 (including two Administrative Corrections published in the New 
Jersey Register on June 15, 2009 and July 6, 2009); and Subchapter 21 
``Emission Statements'' with an effective date of April 20, 2009.
    (ii) Additional information:
    (A) Letter dated April 21, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou, Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision for Subchapters 4, 8, 10, 16, 19 
and 21.
    (B) Letter dated May 7, 2010 from Director William O'Sullivan, 
NJDEP, to Barbara Finazzo, Director, Division of Environmental Planning 
and Protection, EPA Region 2, submitting supplemental SIP information 
for Subchapter 19.

0
3. Section 52.1605 is amended by revising the table entries, under 
Title 7, Chapter 27: for Subchapters 4, 10, 16, 19, and 21, to read as 
follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     EPA approved
       State regulation               State effective date               date                                      Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Title 7, Chapter 27:
 
                                                                      * * * * * * *
Subchapter 4, ``Control and    April 20, 2009....................  August 3, 2010
 Prohibition of Particles                                           [Insert Federal
 from Combustion of Fuel.''                                         Register page
                                                                    citation].
 
                                                                      * * * * * * *
Subchapter 10, ``Sulfur in     April 20, 2009....................  August 3, 2010,   Notification of ``large zone 3 coal conversions'' must be provided
 Solid Fuels.''                                                     2009 [Insert      to EPA (40 CFR 52.1601(b)).
                                                                    Federal
                                                                    Register page
                                                                    citation].
 
                                                                      * * * * * * *
Subchapter 16, ``Control and   April 20, 2009....................  August 3, 2010    ...................................................................
 Prohibition of Air Pollution                                       [Insert Federal
 by Volatile Organic                                                Register page
 Compounds.''                                                       citation].
 
                                                                      * * * * * * *
Subchapter 19, ``Control and   July 6, 2009, as corrected on June  August 3, 2010    Subchapter 19 is approved into the SIP except for the following
 Prohibition of Air Pollution   15, 2009 and July 6, 2009.          [Insert Federal   provisions: (1) phased compliance plan through repowering in Sec.
 from Oxides of Nitrogen.''                                         Register page     Sec.  19.21 that allows for implementation beyond May 1, 1999; and
                                                                    citation].        (2) phased compliance plan through the use of innovative control
                                                                                      technology in Sec.  Sec.  19.23 that allows for implementation
                                                                                      beyond May 1, 1999.
 
                                                                      * * * * * * *
Subchapter 21, ``Emission      April 20, 2009....................  August 3, 2010    Section 7:27-21.3(b)(1) and 7:27-21.3(b)(2) of New Jersey's
 Statements.''                                                      [Insert Federal   Emission Statement rule requires facilities to report on the
                                                                    Register page     following pollutants to assist the State in air quality planning
                                                                    citation].        needs: hydrochloric acid, hydrazine, methylene chloride,
                                                                                      tetrachlorethylene, 1, 1, 1 trichloroethane, carbon dioxide and
                                                                                      methane. EPA will not take SIP-related enforcement action on these
                                                                                      pollutants.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  52.1576  [Reserved]

0
4. Section 52.1576 is removed and reserved.
[FR Doc. 2010-18887 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P