[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21343-21346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09175]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No., EPA-R02-OAR-2016-0766; FRL-9961-21-Region 2]


Approval and Promulgation of Implementation Plans; Reasonably 
Available Control Technology for Oxides of Nitrogen for Specific 
Sources in the State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two revisions to the State Implementation Plan (SIP) for ozone 
submitted by the State of New Jersey. This SIP revision consists of two 
source-specific reasonably available control technology (RACT) 
determinations for controlling oxides of nitrogen. One is for the 
Transcontinental Gas Pipeline Corp., LNG Station 240 located in 
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action proposes to approve the 
source-specific RACT determinations that were 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.

[[Page 21344]]


DATES: Comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0766, at http://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella 
[email protected] at the U.S. Environmental Protection Agency, 
Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, 
telephone number (212) 637-4249, fax number (212) 637-3901.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. The EPA's Proposed Action
    A. What action is the EPA proposing today?
    B. Why is the EPA proposing this action?
    C. What are the Clean Air Act requirements for NOX 
RACT?
    D. What is the 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 the 
EPA?
III. Conclusion
IV. Statutory and Executive Order Reviews

I. The EPA's Proposed Action

A. What action is the EPA proposing today?

    The EPA is proposing to approve two source-specific State 
Implementation Plan (SIP) revisions for ozone submitted by the State of 
New Jersey. These SIP revisions relate to New Jersey's oxides of 
nitrogen (NOX) reasonably available control technology 
(RACT) determinations for the Transcontinental Gas Pipeline Corp., LNG 
Station 240 (Transco-240) located in Carlstadt, New Jersey, Bergen 
County and for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in 
Lakehurst, New Jersey, Ocean County. These SIP revisions were submitted 
to the EPA for approval on July 1, 2014 and July 25, 2016 respectively. 
The determinations are for the four natural gas-fired water bath 
heaters at the Transco-240 facility and the two natural gas-fired 
boilers (Nos 2 and 3) at the JB-MDL facility.

B. Why is the EPA proposing this action?

    The EPA is proposing this action to:
     Give the public the opportunity to submit comments on the 
EPA's proposed action, as discussed in the DATES and ADDRESSES 
sections.
     Fulfill New Jersey's and the 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. For 
detailed information on the requirements of the Act for NOX 
RACT and for the EPA's technical evaluation of New Jersey's SIP 
revision, see the Technical Support Document (TSD), prepared in support 
of this proposed action. A copy of the TSD is available in the Docket 
for this action, and by contacting the individual in the For Further 
Information Section.

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

    The EPA has determined that New Jersey's proposed SIP revisions for 
the NOX RACT determinations for Transco-240 and JB-MDL are 
consistent with New Jersey's NOX RACT regulation and the 
EPA's guidance. The EPA's basis for evaluating New Jersey's proposed 
SIP revisions is whether they meet the SIP requirements described in 
section 110 of the Act. The EPA has determined that New Jersey's 
proposed SIP revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the Act.
    The EPA has determined that the NOX emission limits 
identified in New Jersey's Conditions of Approval document and 
alternative emission limit compliance plan represent RACT for Transco-
240 and JB-MDL respectively. The conditions contained in these 
documents 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 the EPA's NOX RACT 
guidance. More specifically, the EPA proposes to approve the current 
Conditions of Approval document for Transco-240 which includes the 
following:
    1. The emission rate of NOX from each water bath heater, 
while firing natural gas, shall not exceed 0.10 pounds per million 
British thermal units (lb/MMBTU);
    2. The total emission rate of NOX from all four water 
bath heaters, while combusting natural gas shall not exceed 6.7 tons 
per year;
    3. Transco-240 shall operate the four natural gas-fired water bath 
heaters for a combined total of 1600 hours per year or less;
    4. Transco-240 shall not operate the four water bath heaters during 
the ozone season; and
    5. The flue gas recirculation (FGR) system shall operate at all 
times the heater is operating.

For JB-MDL, the EPA proposes to approve the alternative emission limit 
compliance plan which includes the following:
    1. An alternative NOX Emission Limit (AEL) of 0.1 lb/
MMBTU for boiler #2 and boiler #3 pursuant to N.J.A.C.7:27-19.13; and
    2. Decrease in natural gas use from 181.43 to 108.6 million cubic 
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per 
year for boiler #3.
In addition, the documents for both facilities 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 And Prohibition of Air Pollution From 
Oxides of Nitrogen'', of Chapter 27, Title 7 of the New Jersey

[[Page 21345]]

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 the EPA on August 3, 
2010 (75 FR 45483). New Jersey RACT requirements specify the emission 
rate of NOX from each water bath or boiler, while firing 
natural gas, shall not exceed 0.10 lb/MMBTU. The maximum allowable 
emission limit becomes effective on the effective date of EPA's 
approval, as published in the Federal Register, of New Jersey's SIP 
revision for the AEL. Until EPA's approval becomes effective, the 
maximum allowable emission rate for each water bath heater or boiler is 
0.05 lb/MMBTU, as required by Subchapter 19.

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 applies to 
both facilities for 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 the EPA for approval as a SIP 
revision.

C. When was New Jersey's RACT determination proposed and adopted?

    New Jersey's RACT determination for Transco-240 was proposed on 
March 26, 2014, with the public comment period ending April 25, 2014. 
New Jersey approved the RACT determination on June 12, 2014. New 
Jersey's RACT determination for JB-MDL was proposed on June 8, 2016, 
with the public comment period ending July 8, 2016. New Jersey approved 
the RACT determination on August 26, 2016. New Jersey did not receive 
any comments during either of the two comment periods.

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

    New Jersey's SIP revision for Transco-240 was submitted to the EPA 
on July 1, 2014 and New Jersey's SIP revision for JB-MDL was submitted 
on July 25, 2016. By operation of law the submittals were deemed 
administratively and technically complete six months from the submittal 
dates.

III. Conclusion

    The EPA is proposing to approve the New Jersey SIP revisions for 
alternative RACT emission limit determinations for the following two 
sources: (1) The four water bath heaters for the Transcontinental Gas 
Pipeline Corp., LNG Station 240 which includes source-specific 
NOX emissions limits, combustion process adjustments, 
emission testing, monitoring, recordkeeping and reporting requirements; 
and (2) the two boilers (No's 2 and 3) for the Joint Base McGuire-Dix-
Lakehurst which includes source-specific NOX emissions 
limits, combustion process adjustments, emission testing, monitoring, 
recordkeeping and reporting requirements. The EPA is proposing to 
approve these revisions since the evaluated alternative control 
measures at both facilities were determined not to be economically 
feasible. In addition, the revised RACT requirements will include 
limits on fuel use and total number of hours of operation at 
Transcontinental Gas Pipeline Corp., LNG Station 240 and limits on fuel 
use resulting in a decrease in natural gas use at Joint Base McGuire-
Dix-Lakehurst. The EPA will 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, the 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 the 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 the EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

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.

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


[[Page 21346]]


    Dated: March 23, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09175 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P