[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37308-37310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16804]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0766; FRL-9965-79-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.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing 
approval of 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 approves 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 rule is to 
approve source-specific emissions limitations required by the Clean Air 
Act.

DATES: This rule is effective on September 11, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0766. All documents in the docket are 
listed on the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, 
[email protected] at the United States Environmental Protection

[[Page 37309]]

Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, New 
York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. What action is the EPA taking today?

    The EPA is approving two source-specific State Implementation Plans 
(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 in Bergen County and 
for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in Lakehurst, New 
Jersey in Ocean County. The determinations are for the four natural 
gas-fired water bath heaters (U7-U10) at the Transco-240 facility and 
the two natural gas-fired boilers (Nos. 2 and 3) at the JB-MDL 
facility. These SIP revisions were submitted to the EPA for approval by 
the New Jersey Department of Environmental Protection on July 1, 2014 
and July 25, 2016 respectively.

II. What comments were received in response to EPA's proposed action?

    On May 8, 2017 (82 FR 21343), the EPA proposed to approve New 
Jersey's two source-specific SIP revisions addressing NOX 
RACT requirements for the Transco-240 and the JB-MDL facilities. For a 
detailed discussion on the content and requirements of the revisions to 
New Jersey's two SIP revisions, the reader is referred to the EPA's 
proposed rulemaking action. In response to the EPA's May 8, 2017 
proposed rulemaking action, the EPA received no public comments.

III. Conclusion

    The EPA has determined that New Jersey's two SIP revision for the 
NOX RACT determinations for the affected sources at the 
Transco-240 and the JB-MDL facilities are consistent with New Jersey's 
NOX RACT regulation and the EPA's guidance. The 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 of the Clean Air Act. 
Therefore, the EPA is approving the NOX emission limits and 
other requirements identified in New Jersey's Conditions of Approval 
document and alternative emission limit compliance plan for Transco-240 
and JB-MDL, respectively. The NOX RACT requirements 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 approves the current Conditions of 
Approval document for the four water bath heaters (U7-U10) at the 
Transco-240 facility which includes the following limits:
    1. The alternative NOX emission limit (AEL) from each 
water bath heater, while combusting natural gas, shall not exceed 0.10 
pounds per million British Thermal Units (lb/MMBTU);
    2. The total NOX emissions from all four water bath 
heaters, while combusting natural gas, shall not exceed 6.7 tons per 
year;
    3. The hours of operation for the four natural gas-fired water bath 
heaters shall be for a combined total of 1600 hours per year or less;
    4. The four water bath heaters shall not be operated during the 
ozone season; and,
    5. The flue gas recirculation control system shall operate at all 
times the heater is operating.
    Also, the EPA approves the alternate emission limit compliance plan 
for the two natural gas-fired boilers (Nos 2 and 3) at the JB-MDL 
facility which includes the following limits:
    1. An alternative NOX emission limit of 0.10 lb/MMBTU 
for boiler #2 and boiler #3 pursuant to N.J.A.C. 7:27-19.13; and,
    2. A 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.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of: ``Conditions 
of Approval, Alternative Emission Limit for NOX For Four (4) 
Water Bath Heaters, Transcontinental Gas Pipelines Corp., LNG Station 
240, 718 Paterson Plank Road, Carlstadt Borough, Program Interest No. 
02626,'' approved by New Jersey Department of Environmental Protection 
on June 12, 2014 and ``Revision to the NJ State Implementation Plan for 
Joint Base McGuire-Dix-Lakehurst (JB-MDL), Lakehurst, NJ'' including 
Enclosure 2 (``AEL Compliance Plan'') (dated July 14, 2016) to 
Attachment I (``Site-specific and source specific NOX RACT 
SIP Information for Joint Base McGuire-Dix-Lakehurst (JB-MDL) 
(Lakehurst), for Boiler Nos 2 and 3''), permit activity number of 
BOP150001, approved by New Jersey Department of Environmental 
Protection on August 26, 2016. The summary of emission limits and other 
enforceable requirements for the two SIP revisions are included in 
section III (Conclusion) of this rulemaking. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation. EPA has made, and will continue 
to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 2 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

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, 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

[[Page 37310]]

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.
    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 10, 2017. 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)).
    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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

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.

    Dated: July 25, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.1570, the table in paragraph (d) is amended by adding 
entries ``Transcontinental Gas Pipelines Corp., LNG Station 240'' and 
``Joint Base McGuire-Dix-Lakehurst (Lakehurst, NJ)'' to the end of the 
table to read as follows:


Sec.  52.1570   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved New Jersey Source-Specific Provisions
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                                                        State effective
         Name of source             Identifier No.           date          EPA approval date       Comments
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                                                  * * * * * * *
Transcontinental Gas Pipelines    02626.............  June 12, 2014.....  August 10, 2017     Alternate NOX
 Corp., LNG Station 240.                                                   [insert Federal     Emission Limit
                                                                           Register            and other
                                                                           citation].          requirements
                                                                          August 10, 2017      pursuant to NJAC
                                                                           [insert Federal     7:27-19.13 for
                                                                           Register            four natural gas-
                                                                           citation].          fired water bath
                                                                                               heaters ((U7-
                                                                                               U10).
Joint Base McGuire-Dix-Lakehurst  BOP15001..........  August 26, 2016...  ..................  Alternate NOX
 (Lakehurst, NJ).                                                                              Emission Limit
                                                                                               and other
                                                                                               requirements
                                                                                               pursuant to NJAC
                                                                                               7:27-19.13 for
                                                                                               two natural gas-
                                                                                               fired boilers
                                                                                               (Nos 2 and 3).
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[FR Doc. 2017-16804 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P