[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Proposed Rules]
[Pages 47092-47094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2011-0499; FRL-9448-3]


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 
reciprocating, diesel fuel fired, internal combustion engines operated 
by the Naval Weapons Station Earle located in Colts Neck, New Jersey. 
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 September 6, 2011.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2011-0499, by one of the following methods:
     http://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- 2011-
0499. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 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: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3716 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 proposed 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 May 14, 2009. This SIP 
revision relates to New Jersey's NOX RACT determination for 
the Naval Weapons

[[Page 47093]]

Station Earle (NWSE) facility located in Colts Neck, New Jersey, 
Monmouth County. The facility contains two stationary reciprocating, 
diesel fuel fired, internal combustion engines--one existing and one 
new engine.

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 http://www.regulations.gov.

D. What is EPA's evaluation of New Jersey's SIP revision?

    EPA has determined that New Jersey's proposed SIP revision for the 
NOX RACT determination for NWSE's engines is consistent with 
New Jersey's NOX RACT regulation and EPA's guidance. EPA's 
basis for evaluating New Jersey's proposed SIP revision is whether it 
meets the SIP requirements described in section 110 of the Act. EPA has 
determined that New Jersey's proposed SIP revision will not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress, or any other applicable requirement of 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 NWSE's engines. 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 the 
following, to limit the:
    1. NOX emissions rate from each engine to 11.3 g/bhp-hr,
    2. Total NOX emissions rate while combusting 100% 
distillate oil to 4.67 tons per year for both engines combined,
    3. Combined hours of operation for both engines to less than 675 
hours per year,
    4. Operation of each engine to 75% load or less, and
    5. Annual fuel usage to 20,047.50 gallons per year combined for 
both engines.
    In addition, the Conditions of Approval specify the NOX 
emissions limits, combustion process adjustments mentioned above, 
emission testing, monitoring, recordkeeping and reporting requirements, 
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 was approved by EPA 
on August 3, 2010 (75 FR 45483).

B. What are New Jersey's facility-specific NOX RACT requirements?

    Section 19.13 of New Jersey's regulation establishes a procedure 
for 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) If the 
NOX facility contains any source operation or item of 
equipment of a category not listed in section 19.2(b) or (c) 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(b) or (c) 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 January 16, 2009, 
with the public comment period ending February 16, 2009. New Jersey 
adopted the RACT determination on May 12, 2009 and supplemented this 
information on May 21, 2009.

D. When was New Jersey's SIP revision submitted to EPA?

    New Jersey's SIP revision was submitted to EPA on May 14, 2009 and 
supplementary information was provided on May 21, 2009. EPA determined 
that the submittal was administratively and technically complete on 
July 13, 2009.

III. Conclusion

    EPA is proposing to approve the New Jersey SIP revision for an 
alternative RACT emission limit determination for the NWSE's engines 
which includes source-specific NOx emissions limits for the engines, 
combustion process adjustments, emission testing, monitoring, 
recordkeeping and reporting requirements. EPA will

[[Page 47094]]

consider all comments submitted prior to any final rulemaking action.

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: July 26, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-19798 Filed 8-3-11; 8:45 am]
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