[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36816-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0549; FRL-9981-62--Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Elements for the 2008 8-Hour Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several State Implementation Plan (SIP) revisions submitted by 
the State of New Jersey for purposes of implementing Reasonably 
Available Control Technology (RACT) for the 2008 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). The EPA is proposing to approve 
New Jersey's SIP revision for the control and prohibition of air 
pollution by volatile organic compounds (VOCs) and control and 
prohibition of air pollution by oxides of nitrogen (NOX), as 
they are intended to satisfy certain control technique guideline (CTG) 
and NOX RACT categories. The EPA is proposing to approve New 
Jersey's certification that there are no sources within the State for 
the following CTGs: Manufacture of Vegetable Oils; Manufacture of 
Pneumatic Rubber Tires; Aerospace

[[Page 36817]]

Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture 
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck 
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA 
is proposing to approve New Jersey's RACT SIP as it applies to non-CTG 
major sources of VOCs and major sources of NOX. The EPA is 
also proposing to approve the other portions of the comprehensive SIP 
revision submitted by New Jersey that certify that the State has 
satisfied the requirements for an enhanced motor vehicle Inspection and 
Maintenance program, certify that the State has satisfied the 
requirements for an emission statement program, certify that the State 
has satisfied the requirements for an ozone specific provisions 
nonattainment new source review program, and show the State has adopted 
all NOX RACT and VOC RACT, as it pertains to the 2008 8-hour 
ozone NAAQS. These actions are being taken in accordance with the 
requirements of the Clean Air Act.

DATES: Written comments must be received on or before August 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0549 at http://www.regulations.gov. Follow the online 
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:  Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

Table of Contents

I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New Jersey submit?
IV. What is the EPA's evaluation of New Jersey's SIP submittals?
V. What action is the EPA proposing?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of New Jersey on June 11, 2015, for 
purposes of implementing Reasonably Available Control Technology (RACT) 
\1\ for the 2008 8-hour ozone National Ambient Air Quality Standard 
(NAAQS or standard). New Jersey's June 11, 2015 SIP submittal consists 
of a showing that the State meets the RACT requirements for the two 
precursors for ground-level ozone, i.e., oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs), set forth by 
the Clean Air Act (CAA or Act) with respect to the 2008 ozone standard.
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    \1\ The EPA has defined RACT as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762, September 17, 
1979).
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    This action addresses New Jersey SIP submittals dated June 11, 
2015, December 14, 2017, and January 2, 2018. In the June 11, 2015 SIP 
submittal, the State indicates that the RACT requirements for the 2008 
ozone NAAQS have been fulfilled with the exception of sources subject 
to four Control Techniques Guidelines (CTGs) for source categories 
represented in New Jersey: Industrial Cleaning Solvents (EPA 453/R-06-
001); Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous 
Metal and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass 
Boat Manufacturing Materials (EPA-453/R-08-004). The June 11, 2015 
submittal also establishes new limits on NOX emissions from 
existing simple cycle combustion turbines combusting natural gas and 
compressing gaseous fuel at major NOX facilities and 
stationary reciprocating engines combusting natural gas and compressing 
gaseous fuel at major NOX facilities. In a submission 
received by the EPA on December 14, 2017,\2\ titled ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds and Oxides 
of Nitrogen,'' New Jersey indicates that the RACT requirements for the 
2008 ozone NAAQS have been fulfilled for sources subject to the four 
CTGs identified above that were not addressed in the June 11, 2015 
submittal. The EPA is proposing to approve New Jersey's June 11, 2015 
RACT SIP as it applies to non-CTG major sources of VOCs and to major 
sources of NOX. The EPA is proposing to approve New Jersey's 
December 14, 2017 submittal addressing the aforementioned four CTGs and 
establishing new limits on NOX emissions.
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    \2\ Submission cover letter dated November 30, 2017.
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    Also, the EPA is proposing to approve the portions of New Jersey's 
SIP revision submitted on January 2, 2018,\3\ that certifies the State 
has satisfied the requirements for a motor vehicle enhanced inspection 
and maintenance (I/M) program, an emission statement program, an ozone 
specific provisions nonattainment new source review (NNSR) program, and 
that the State has adopted all applicable NOX RACT and VOC 
RACT, submitted in the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone 
Attainment Demonstration Northern New Jersey-New York-Connecticut 
Nonattainment Area and Nonattainment New Source Review (NNSR) Program 
Compliance Certification New Jersey Statewide'' SIP revision.
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    \3\ Submission cover letter dated December 22, 2017.
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    The EPA proposes that New Jersey's SIP submittals are consistent 
with the EPA's guidance documents as well as the EPA's CTG and 
Alternative Control Technique (ACT) documents and are fully approvable 
as SIP-strengthening measures for New Jersey's ozone SIP.

II. What is the background for this proposed rulemaking?

    In 2008, the EPA revised the health based NAAQS for ozone, setting 
it at 0.075 parts per million (ppm), or 75 parts per billion (ppb), 
averaged over an 8-hour time frame. The EPA determined that the revised 
8-hour standard would be more protective of human health, especially 
with regard to children and adults who are active outdoors and 
individuals with a pre-existing respiratory disease such as asthma.
    On May 21, 2012 (77 FR 30087), the EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 2008 8-hour ozone standard. This action became effective on July 
20, 2012. The two 8-hour ozone marginal nonattainment areas located in 
New Jersey are the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area, also referred to as the New York Metropolitan Area

[[Page 36818]]

(NYMA), and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 
nonattainment area. The New Jersey portion of the NYMA is comprised of 
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, 
Somerset, Sussex, Union and Warren Counties. On May 4, 2016 (81 FR 
26697), the EPA determined that the NYMA did not attain the 2008 ozone 
standard by the applicable attainment date and is reclassified from a 
marginal to a moderate nonattainment area. State attainment plans for 
moderate nonattainment areas were due by January 1, 2017. Since the 
NYMA has been reclassified to a moderate nonattainment area, New Jersey 
submitted a new RACT determination as part of the State's attainment 
demonstration for the 2008 ozone standard.
    In areas classified as moderate or areas located in the Ozone 
Transport Region (OTR) (which includes all of New Jersey) under the 8-
hour ozone standard, the definition for major sources is 50 tons per 
year for VOC and 100 tons per year for NOX. New Jersey, 
however, has an emission threshold of 25 tons per year throughout the 
state for purposes of the RACT analysis which results in a more 
stringent evaluation of RACT.
    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in areas classified as moderate (and higher) 
nonattainment for ozone, while section 184(b)(1)(B) of the CAA requires 
RACT in states located in the OTR. Specifically, these areas are 
required to implement RACT for all major VOC and NOX 
emission sources and for all sources covered by a CTG. A CTG is a 
document issued by the EPA which establishes a ``presumptive norm'' for 
RACT for a specific VOC source category. A related set of documents, 
ACT documents, exists primarily for NOX control 
requirements. States must submit rules or negative declarations when 
the State has no such sources for CTG source categories, but not for 
sources in ACT categories. However, RACT must be imposed on major 
sources of NOX, and some of those major sources may be 
within a sector covered by an ACT document.
    On March 6, 2015 (80 FR 12264), the EPA published a final rule, 
herein referred to as the ``2008 ozone implementation rule,'' that 
outlined the obligations that areas found to be in nonattainment of the 
2008 ozone NAAQS needed to address. The 2008 ozone implementation rule 
contains, among other things, a description of the EPA's expectations 
for states with RACT obligations. The 2008 ozone implementation rule 
indicates that states could meet RACT through the establishment of new 
or more stringent requirements that meet RACT control levels, through a 
certification that previously adopted RACT controls in their SIP 
approved by the EPA under a prior ozone NAAQS represents adequate RACT 
control levels for attainment of the 2008 ozone NAAQS, or a combination 
of these two approaches. In addition, a state must submit a negative 
declaration in instances where there are no CTG sources. The 2008 ozone 
implementation rule requires that states with nonattainment areas to 
submit RACT SIPs to EPA within two years from the effective date of 
nonattainment designation or by July 20, 2014.
    The 2008 ozone implementation rule also states, among other things, 
that an attainment demonstration should consist of a list of adopted 
measures (including RACT) with schedules for implementation and other 
means and techniques necessary and appropriate for demonstrating 
attainment as expeditiously as practicable but no later than the 
outside attainment date for the area's classification. New Jersey 
submitted an attainment demonstration SIP and EPA will act on it in a 
separate rulemaking.

III. What did New Jersey submit?

    On June 11, 2015, the New Jersey Department of Environmental 
Protection (NJDEP) submitted to the EPA a formal revision to its SIP. 
The SIP revision consists of information documenting how New Jersey 
complied with the RACT requirements for the 2008 8-hour ozone NAAQS, 
pertaining to the former marginal classification for the NYMA. In its 
June 11, 2015 submittal, New Jersey certifies that the State's 
submittal addresses the RACT requirements for the 2008 8-hour ozone 
standard except that it does not fulfill the requirements of the CTGs 
for industrial cleaning solvents, paper film and foil coatings, 
fiberglass boat manufacturing materials, and miscellaneous metal and 
plastic parts coatings and the requirements of the ACTs for stationary 
reciprocating internal combustion engines and stationary gas turbines. 
In New Jersey's June 2015 RACT submittal, the State commits to revise 
New Jersey Administrative Code, Title 7, Chapter 27 (N.J.A.C 7:27) 
Subchapter 16 and Subchapter 19 to address those requirements in a 
timely manner.
    On December 14, 2017, the EPA received New Jersey's SIP revision, 
``New Jersey's Control and Prohibition of Air Pollution by Volatile 
Organic Compounds and Control and Prohibition of Air Pollution by 
Oxides of Nitrogen.'' \3\ The December 14, 2017 submittal includes the 
amendment to N.J.A.C. 7:27, Subchapter 16, ``Control and Prohibition of 
Air Pollution by Volatile Organic Compounds'' and Subchapter 19, 
``Control and Prohibition of Air Pollution by Oxides of Nitrogen'' that 
New Jersey committed to propose and adopt in their June 11, 2015 
submittal.
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    \3\ Effective date November 6, 2017 (49 N.J.R. 3518).
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    On January 2, 2018, New Jersey submitted, for inclusion in the SIP, 
the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone Attainment Demonstration 
Northern New Jersey-New York-Connecticut Nonattainment Area and 
Nonattainment New Source Review (NNSR) Program Compliance Certification 
New Jersey Statewide.'' In the January 2, 2018 submission New Jersey 
certifies, among other things, that the State has satisfied the 
requirements for an enhanced motor vehicle I/M program, an emission 
statement program, an ozone specific provisions NNSR program, and that 
the State has adopted all applicable NOX RACT and VOC RACT 
for the moderate NYMA.\4\
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    \4\ The EPA will act on the remainder of New Jersey's January 2, 
2018 SIP revision submittal, including the attainment 
demonstrations, Reasonable Further Progress (RFP) requirements and 
other portions at a later date.
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    In New Jersey's June 11, 2015 RACT submittal, the State evaluated 
its existing RACT regulations which were adopted to meet the 1997 8-
hour ozone standard to ascertain whether the same regulations 
constitute RACT for the 2008 8-hour ozone standard. In making its new 
8-hour ozone RACT determination, New Jersey referenced EPA's RACT 
guidance (``Beyond Volatile Organic Compound-Reasonably Available 
Control Technology-Control Technology Guidelines Requirements, EPA-453/
R-95-010, April 1995) and EPA's proposed rule ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements.'' 78 FR 34178 (June 2013).\5\ 
Accordingly, the basic framework for New Jersey's June 11, 2015 RACT 
SIP determination is described as follows:
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    \5\ The EPA finalized the proposed rule. 80 FR 12264 (March 6, 
2015).
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     Identify all source categories covered by Control 
Technique Guidelines (CTG) and Alternative Control Technique (ACT) 
documents.
     Identify applicable regulations that implement RACT.
     Certify that the existing level of controls for the 1997 
8-hour ozone standard equals RACT under the 2008 8-hour ozone standard 
in certain cases.

[[Page 36819]]

     Declare that sources covered by a CTG and ACT do not exist 
within the state and/or that RACT is not applicable in certain cases.
     Identify and evaluate applicability of RACT to individual 
sources whose source category does not have a presumptive emission 
limit covered by a state-wide regulation.
     Identify potential RACT revisions.
    In New Jersey's June 11, 2015 submittal, the State certified that 
all statewide RACT regulations, with the exception of four CTGs and two 
ACTs, with SIP approved state effective dates prior to the date when 
the RACT analysis was performed in 2015, are RACT for the 2008 8-hour 
ozone NAAQS, because the RACT determinations issued by the State are 
consistent with the most recent control technology and economic 
considerations. The State's December 14, 2017 submittal addressed the 
requirements for the four CTGs; the CTG for ``industrial cleaning 
solvents,'' ``paper film and foil coatings,'' ``fiberglass boat 
manufacturing materials,'' and ``miscellaneous metal and plastic parts 
coatings'' and the two ACTs for ``stationary reciprocating internal 
combustion engines'' and ``stationary gas turbines.'' The following 
discusses the results of New Jersey's analysis of RACT under the basic 
framework identified above.

CTGs and ACTs

    New Jersey reviewed its existing RACT regulations adopted under the 
1979 1-hour and 1997 8- hour ozone standard to identify source 
categories covered by the EPA's CTG and ACT documents. New Jersey's 
2015 RACT SIP submittal lists the CTG and ACT documents and 
corresponding State RACT regulations that cover the CTG and ACT sources 
included in New Jersey's emissions inventory.
    In 2009, New Jersey adopted VOC and NOX RACT for major 
non-CTG sources located in the State. Those sources for which EPA 
guidance was not published, but for which the State established RACT, 
include:
    1. High Electric Demand Day boilers serving EGUs [N.J.A.C. 7:27-
19.4];
    2. High Electric Demand Day turbines serving EGUs [N.J.A.C. 7:27-
19.5];
    3. Asphalt paving production plants [N.J.A.C. 7:27-19.9];
    4. Alternative VOC control requirements [N.J.A.C. 7:27-16.17];
    5. Alternative and facility-specific NOX emission limits 
[N.J.A.C. 7:27-19.13];
    6. Municipal solid waste (MSW) incinerators [N.J.A.C. 7:27-19.12]; 
and
    7. Sewage sludge incinerators [N.J.A.C. 7:27-19.28].
    New Jersey has determined that currently effective emission limits 
for these source categories still represent RACT in 2015 for the 
marginal classification in the NYMA for the 75 ppb ozone standard.
    With the exception of the source categories for which New Jersey 
has made negative declarations, New Jersey has implemented RACT 
controls state-wide for all CTGs that the EPA has issued as of June 
2015 to meet the requirements of the CAA. The following table lists the 
RACT controls that have been promulgated in N.J.A.C. 7:27 and the 
corresponding EPA SIP approval dates.

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         N.J.A.C. 7:27 subchapter                              Title                    EPA latest approval date
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16.2......................................  VOC stationary storage tanks..............       8/3/10, 75 FR 45483
16.3......................................  Gasoline transfer operations..............       8/3/10, 75 FR 45483
16.6......................................  Open top tanks and solvent cleaning              8/3/10, 75 FR 45483
                                             operations.
16.7......................................  Surface coating and graphic arts                 8/3/10, 75 FR 45483
                                             operations.
16.12.....................................  Surface coating operations at mobile             8/3/10, 75 FR 45483
                                             equipment repair and refinishing
                                             facilities.
16.16.....................................  Other source operations...................       8/3/10, 75 FR 45483
16.18.....................................  Leak detection and repair.................       8/3/10, 75 FR 45483
16.19.....................................  Application of cutback and emulsified            8/3/10, 75 FR 45483
                                             asphalts.
16.20.....................................  Petroleum solvent dry cleaning operations.       8/3/10, 75 FR 45483
19.4......................................  Boilers serving electric generating units.       8/3/10, 75 FR 45483
19.5......................................  Stationary combustion turbines............       8/3/10, 75 FR 45483
19.7......................................  Industrial/commercial/institutional              8/3/10, 75 FR 45483
                                             boilers and other indirect heat
                                             exchangers.
19.8......................................  Stationary reciprocating engines..........       8/3/10, 75 FR 45483
19.10.....................................  Glass manufacturing furnaces..............       8/3/10, 75 FR 45483
23........................................  Prevention of Air Pollution from               12/22/10, 75 FR 80340
                                             Architectural Coatings Standards.
24........................................  Consumer products.........................     12/22/10, 75 FR 80340
26........................................  Prevention of Air Pollution from               12/22/10, 75 FR 80340
                                             Adhesives, Sealants, Adhesive Primers and
                                             Sealant Primers.
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    New Jersey's June 11, 2015 RACT submittal contains a table (see 
Table II-2: RACT Certifications Based on Existing EPA Guidance) listing 
all the CTG and ACT categories (67 categories in total) and the 
corresponding State regulations or negative declarations that address 
the requirements. The EPA previously approved and incorporated into the 
SIP all of the State's regulations identified in Table II-2 that 
address CTGs and ACTs. New Jersey's December 14, 2017 submittal 
fulfilled the requirement to submit for the four CTGs and two ACTs 
which are identified in Table II-2 as rules that had not yet been 
adopted.
    For many source categories, the existing New Jersey rules have more 
stringent emission limits and/or lower thresholds of applicability than 
the recommendations contained in the CTG and ACT documents. New Jersey 
considers and certifies that its SIP approved regulations meet the RACT 
requirements for the 2008 8-hour ozone standard.

Source Categories Not Applicable in New Jersey

    In New Jersey's 2015 submittal, by comparing the list of existing 
CTGs with New Jersey's effective rules, and researching the New Jersey 
Environmental Management System (NJEMS) emission statements and 
permitting database for source categories by Standard Industrial Code 
(SIC), the State certifies that the following source-specific 
categories either do not exist in this State, or fall below significant 
emission unit applicability thresholds in the CTGs: (1) Manufacture of 
Vegetable Oils; \6\ (2)

[[Page 36820]]

Manufacture of Pneumatic Rubber Tires; (3) Aerospace Coatings; (4) 
Shipbuilding and Ship Repair Operations; (5) Metal Furniture Coatings; 
(6) Large Appliance Coatings; and (7) Auto and Light Duty Truck 
Original Equipment Manufacturer (OEM) Assembly Coatings.
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    \6\ The CTG for the manufacturing of vegetable oils was 
published in June 1978 (see EPA-450/2-78- 035) but in a March 1980 
guidance document, entitled ``Guidance for the Control of Volatile 
Organic Compounds Emitted by Ten Selected Source Categories,'' the 
EPA advised that the ``states are not required, at this time, to 
develop regulations for the vegetable oil manufacturing industry.'' 
The EPA guidance has not been revised since the March 1980 guidance. 
At this time, the EPA considers the vegetable oil CTG as only 
guidance for states when they need to develop attainment plans in 
nonattainment areas.
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Source-Specific RACT Determinations

    A source-specific RACT determination applies to sources that have 
obtained a facility-specific emission limit or an alternative emission 
limit, i.e., a variance. A case-by-case RACT analysis is required for 
sources that are not defined by a specific source category covered by 
an existing state regulation, that are requesting a variance, or that 
are not addressed by a CTG. New Jersey's RACT regulations at N.J.A.C. 
7:27 Subchapter 19.13 for NOX and at Subchapter 16.17 for 
VOCs outline the process and conditions for granting a source-specific 
RACT determination. Under the CAA, these individual source-specific 
RACT determinations need to be submitted by the State as a SIP revision 
for the EPA's approval. Therefore, New Jersey included Table II-3 in 
its June 2015 RACT SIP submittal, a listing of VOC and NOX 
source facilities that are subject to a RACT source-specific SIP 
revision under the 8-hour ozone SIP and the corresponding emission 
limits, control technology and applicable regulation governing the RACT 
determinations. Consistent with the CAA, New Jersey submitted to the 
EPA SIP revisions that included the source-specific RACT revisions 
identified in Table II-3 of the 2015 RACT SIP submittal. The EPA has 
approved some of those revisions and is performing its technical review 
of the remainder of the submittals and will take separate rulemaking 
actions for each of the source-specific determinations (see 40 CFR 
52.1570 (d) ``EPA approved State source-specific requirements'').

New Jersey's Control and Prohibition of Air Pollution by Volatile 
Organic Compounds

    New Jersey's December 14, 2017 submittal, which included amendments 
to N.J.A.C. 7:27, Subchapter 16, addresses sources subject to four CTGs 
for source categories represented in New Jersey: Industrial Cleaning 
Solvents (ICS), CTG issued September 2006 (EPA 453/R-06-001); Paper, 
Film, and Foil Coatings (PFFC), CTG issued September 2007 (EPA 453/R-
07-003); Miscellaneous Metal and Plastic Parts Coatings (MMPPC), CTG 
issued September 2008 (EPA 453/R-08-003); and Fiberglass Boat 
Manufacturing Materials (FBMM), CTG issued September 2008 (EPA-453/R-
08-004). The VOC emission limits adopted by New Jersey and set forth in 
Subchapter 16 are as effective in regulating the source categories as 
the EPA's CTG documents.

Industrial Cleaning Solvents (ICS)

    The EPA issued a CTG for industrial cleaning solvents in 2006 that 
includes recommended control techniques. This category includes the 
industrial cleaning solvents used by many industries. It includes a 
variety of products that are used to remove contaminants such as 
adhesives, inks, paint, dirt, soil, oil and grease. The recommended 
measures for controlling VOC emissions from the use, storage and 
disposal of industrial cleaning solvents include work practice 
standards, limitations on VOC content of the cleaning materials, and an 
optional alternative limit on composite vapor pressure of the cleaning 
materials. They also include the use of add-on controls with an overall 
emission reduction of at least 85 percent by mass.
    Based on the EPA CTG, New Jersey adopted new rules N.J.A.C. 7:27-
16.24 which specifies VOC content and vapor pressure limits for 
solvents used in solvent cleaning activities conducted to remove 
material through wiping, flushing, or spraying. Facilities can be 
exempt by annual industrial cleaning solvent usage, based on a purchase 
limit, and by source operation type. Compliance can be achieved by 
meeting a maximum VOC content, a maximum VOC composite vapor pressure, 
or a minimum control efficiency. Applicable facilities must implement 
best management practices, which include keeping cleaning materials in 
closed containers when not in use. Recordkeeping must be maintained 
which demonstrates compliance. The EPA proposes to find that New 
Jersey's adopted ICS rules are as effective in regulating the source 
category as the EPA's CTG document.

Paper, Film, and Foil Coatings (PFFC)

    The EPA issued a 2007 CTG for paper, film and foil coatings. 
Previous Federal actions that affected this source category included a 
1977 CTG for controlling VOC emissions from surface coating of paper, 
the 1983 new source performance standards (NSPS) for surface coating of 
pressure sensitive tape and labels (a subset of this category), and a 
2002 National Emissions Standards for Hazardous Air Pollutants (NESHAP) 
for paper and other web coating. The EPA recommends applying the 
control recommendations for coatings only to individual paper, film and 
foil surface coating lines with the potential to emit at least 25 tons 
per year (tpy) of VOC from coatings, prior to controls. The EPA 
recommends an overall VOC control efficiency of 90 percent as RACT for 
each coating line.
    New Jersey adopted amendments to N.J.A.C. 7:27-16.7, based on the 
CTG, which requires paper, film, and foil coating operations to 
implement best management practices if the actual VOC emissions exceed 
15 pounds per day for all coating operations. The EPA proposes to find 
that New Jersey's adopted PFFC rules are as effective in regulating the 
source category as the EPA's CTG document.

Miscellaneous Metal and Plastic Parts Coatings (MMPPC)

    The EPA issued a 2008 CTG for miscellaneous metal and plastic parts 
coatings. The CTG recommended three options for controlling VOC 
emissions: (1) VOC content limits for each coating category based on 
the use of low-VOC content coatings and specified application methods 
to achieve good transfer efficiency; (2) equivalent VOC emission rate 
limits based on the use of a combination of low-VOC coatings, specified 
application methods, and add-on controls; or (3) an overall VOC control 
efficiency of 90 percent for facilities that choose to use add-on 
controls instead of low-VOC Content coatings and specified application 
methods. In addition, the EPA recommended work practices to further 
reduce VOC emissions from coatings as well as to minimize emissions 
from cleaning materials used in miscellaneous metal product and plastic 
part surface coating processes.
    New Jersey adopted new rules at N.J.A.C. 7:27-16.15, based on the 
EPA CTG, which specify an applicability limit of 2.7 tons of actual VOC 
emissions during any consecutive 12-month period from all miscellaneous 
metal and plastic part coating operations, including related cleaning 
activities. Compliance can be achieved by either meeting the maximum 
allowable VOC content, achieving a minimum 90 percent overall control 
efficiency, or meeting a minimum overall control efficiency which is 
based upon the characteristics of the coating. Exemptions include 
surface coating

[[Page 36821]]

operations that exclusively use powder coating and metal parts coatings 
which must comply with a military specification that has been 
formulated to meet a higher, less stringent VOC content. Applicable 
facilities must implement best management practices, which include 
keeping cleaning materials in closed containers when not in use. 
Recordkeeping must be maintained which demonstrates compliance. The EPA 
proposes to find that New Jersey's adopted MMPPC rules are as effective 
in regulating the source category as the EPA's CTG document.\7\
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    \7\ New Jersey's rule includes a partial exemption for military 
specification coatings from the new VOC limits for metal parts and 
products, at N.J.A.C. 7:27-16.15(c)(1). N.J.A.C. 7:27-
16.15(c)(3)(vii) exempts any military specification coating that has 
been formulated to meet a higher, less stringent VOC content limit. 
Additional exceptions include less stringent VOC content limits for 
extreme high gloss topcoat (craft) and other substrate antifoulant 
coating than those recommended in the MMPPC CTG. This departure from 
the MMPPC CTG recommendation is based on EPA guidance memo ``Control 
Technique Guidelines for Miscellaneous Metal and Plastic Part 
Coatings--Industry Request for Reconsideration''.
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Fiberglass Boat Manufacturing Materials (FBMM)

    The EPA issued a CTG in 2008 that provides control recommendations 
for reducing VOC emissions from the use of gel coats, resins, and 
materials used to clean application equipment in fiberglass boat 
manufacturing operations. The CTG recommends the use of low-VOC content 
(monomer and non-monomer VOC) resin and gel coats with specified 
application methods. The CTG recommends the use of covers on mixing 
containers to further reduce VOC emissions from gel coats and resins. 
The CTG also recommends the use of low-VOC and low vapor pressure 
cleaning materials. Because the CTG recommendations are based on the 
2001 National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for boat manufacturing, those facilities that are major sources of HAP 
are already complying with the 2001 NESHAP and have already adopted 
these control measures. Because the 2001 NESHAP does not apply to area 
sources, area source fiberglass boat manufacturing facilities are not 
currently required to implement the measures provided in the NESHAP and 
recommended in the CTG. There are boat manufacturing facilities in 
ozone nonattainment areas that meet the applicability threshold in the 
CTG and would provide VOC emission reductions when the CTG recommended 
controls are applied. These control approaches are recommended for all 
fiberglass boat manufacturing facilities where total actual VOC 
emissions from all fiberglass boat manufacturing operations are equal 
to or exceed 15 pounds per day.
    New Jersey adopted new rules at N.J.A.C. 7:27-16.14, based on the 
EPA CTG, which establish an applicability limit of actual VOC 
emissions, before add-on control, of 15 pounds per day from all 
fiberglass boat manufacturing operations. Exemptions include production 
of vessels that must meet military specifications and production of 
parts of boats that do not involve the manufacture of fiberglass. 
Compliance can be achieved by meeting a maximum monomer VOC content 
standard, meeting a maximum monomer VOC mass emission rate, or 
installation of a VOC control apparatus. Recordkeeping must be 
maintained which demonstrates compliance. The EPA proposes to find that 
New Jersey's adopted FBMM rules are as effective in regulating the 
source category as the EPA's CTG document.

New Jersey's Control and Prohibition of Air Pollution by Oxides of 
Nitrogen (Subchapter 19)

    New Jersey's December 14, 2017 submittal, which included amendments 
to N.J.C.A. 7:27, Subchapter 19, establishes more stringent limits on 
NOX emissions from existing simple cycle combustion turbines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities and stationary reciprocating engines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities. The EPA proposes to find that the NOx 
emission limits adopted by New Jersey and set forth in their December 
14, 2017 submittal are as effective in regulating the source categories 
as the EPA's recommendations and guidance.

Stationary Natural Gas Compressor Turbines and Reciprocating Engines

    In New Jersey's December 14, 2017 submittal, New Jersey adopted 
amendments to its rules for stationary gas turbines and engines. New 
Jersey amended N.J.A.C. 7:27-19.5 by adopting new standards for 
NOX emissions from existing simple cycle combustion turbines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities (compressor turbines). The standard provides, 
at 7:27-19.5(l) that, beginning November 6, 2019, any simple cycle 
combustion turbine combustion natural gas and compressing gaseous fuel 
at a major NOX facility shall not emit more than 42 ppm by 
volume, dry basis (ppmvd), of NOX corrected to 15 percent 
oxygen. NJDEP amended N.J.A.C. 7:27-19.8 by adopting new standards for 
NOX emissions from stationary reciprocating engines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities (compressor engines). The standard provides, 
at 7:27-19.8 (g), that beginning November 6, 2019, the owner or 
operator of a two-stroke lean burn engine capable of producing an 
output of 200 brake horsepower (bhp) or more but less than 500 bhp, 
combusting natural gas, and compressing gaseous fuel at a major 
NOX facility shall cause it to emit no more than 3.0 grams 
NOX/brake horsepower-hour (bhp-hr). The standard also 
provides, at 7:27-19.8 (h), that beginning November 6, 2019, the owner 
or operator of a four-stroke lean burn engine or four-stroke rich burn 
engine capable of producing an output of 200 bhp or more but less than 
500 bhp, combusting natural gas, and compressing gaseous fuel at a 
major NOX facility shall cause it to emit no more than 2.0 
grams NOX/bhp-hr.
    The EPA proposes to find that the adopted rules are consistent with 
EPA guidance and address NOX RACT requirements by 
establishing new limits on NOX emissions from existing 
simple cycle combustion turbines combusting natural gas and compressing 
gaseous fuel at major NOX facilities and stationary 
reciprocating engines combusting natural gas and compressing gaseous 
fuel at major NOX facilities.

Nitrogen Oxide (NOX) Reasonably Available Control Technology 
(RACT) and Volatile Organic Compounds (VOC) RACT Certification

    In New Jersey's January 2, 2018 submittal, the State certified that 
they have addressed RACT requirements for the 2008 75 ppb 8-hour ozone 
NAAQS supported by their June 11, 2015 and December 14, 2017 
submittals. EPA proposes to find that New Jersey has demonstrated that 
it has met the NOX RACT and VOC RACT requirements. In some 
instances, New Jersey has gone beyond RACT by adopting control measures 
more stringent than the Federal rules and CTGs.
    New Jersey's VOC RACT rules cover source categories such as VOC 
stationary storage tanks, gasoline transfer operations, VOC transfer 
operations other than gasoline, marine tank vessel loading and 
ballasting operations, open tanks and solvent cleaning operations, 
surface coating and graphic arts operations, boilers, stationary 
combustion turbines, stationary reciprocating engines, asphalt pavement 
production plants, surface coating operations at mobile equipment 
repair and finishing facilities, flares, other source operations, leak 
detection and repair, application of cutback and emulsified asphalts, 
petroleum solvent

[[Page 36822]]

dry cleaning operations, natural gas pipelines, and their 
NOX RACT cover source categories such as boilers serving 
electric generating units, stationary combustion turbines, industrial/
commercial/institutional boilers and other indirect heat exchangers, 
stationary reciprocating engines, asphalt pavement production plants, 
glass manufacturing furnaces, emergency generators, municipal solid 
waste (MSW) incinerators and sewage sludge incinerators. These RACT 
controls that have been promulgated in N.J.A.C. 7:27, have been 
approved by the EPA as part of New Jersey's SIP most recently on August 
3, 2010 \8\ and December 22, 2010.\9\
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    \8\ 75 FR 45483.
    \9\ 75 FR 80340.
---------------------------------------------------------------------------

Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program 
Certification

    In New Jersey's January 2, 2018 submission, the State certifies 
that its state-wide rules at N.J.A.C. 7:27-14 and 15, N.J.A.C. 7:27B-4 
and B-5 and the Motor Vehicle Commission (MVC) rules at N.J.A.C. 13:20-
43, satisfy Federal requirements for an enhanced motor vehicle I/M 
Program for the 2008 75 ppb 8-hour ozone NAAQS.
    Four categories of vehicles are subject to the enhanced I/M 
program: light-duty gasoline-fueled vehicles, heavy-duty gasoline-
fueled vehicles, light-duty diesel-powered vehicles and heavy-duty 
diesel-powered vehicles. Within each category are commercial and non-
commercial vehicles.
    EPA approved New Jersey's enhanced I/M program as meeting 
applicable requirements of the CAA. 67 FR 2811. On April 3, 2009 and 
September 9, 2016, New Jersey adopted amendments to its enhanced I/M 
Program. The EPA approved these amendments into the SIP. 83 FR 21174 
(May 9, 2018).

Emission Statement Program Certification

    In New Jersey's January 2018 submittal, the State certifies that 
its state-wide rules at N.J.A.C. 7:27-21 satisfy Federal requirements 
for an emission statement program for the 2008 75 ppb 8-hour ozone 
NAAQS. The EPA most recently approved a revision to Subchapter 21 into 
the SIP on August 3, 2010.\10\
---------------------------------------------------------------------------

    \10\ 75 FR 45483.
---------------------------------------------------------------------------

    The EPA stated in the 2008 ozone implementation rule that if an 
area has a previously approved emission statement rule in force for the 
1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of 
the nonattainment area for the 2008 ozone NAAQS, such rule should be 
sufficient for purposes of the emissions statement requirement for the 
2008 ozone NAAQS.
    N.J.A.C. 7:27-21 requires the submission of annual emission 
statements from major facilities. From these statements, the Department 
develops reports of emissions of all criteria pollutants and submits 
them to the EPA pursuant to the Federal Air Emission Reporting 
Requirements (AERR) Rule for uploading to the EPA's National Emission 
Inventory (NEI).

Federal Nonattainment New Source Review (NNSR) Program Certification

    In New Jersey's January 2018 submission, the State certifies that 
its existing state-wide NNSR rules codified at N.J.A.C. 7:27-18, which 
regulate the New Jersey portions of the Northern NJ-NY-CT and Southern 
NJ-PA-DE-MD Nonattainment Areas for the 2008 75 ppb 8-hour ozone NAAQS 
are at least as stringent as the Federal requirements at 40 CFR 51.165 
for ozone and its precursors. See 80 FR 12264 (March 6, 2015). The EPA 
most recently approved a revision to Subchapter 18 into the SIP on July 
25, 1996.\11\ New Jersey's demonstration that its NNSR rules comply 
with the ozone specific Federal provisions is provided in Table 8-2 of 
its submission.
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    \11\ 61 FR 38591.
---------------------------------------------------------------------------

IV. What is the EPA's evaluation of New Jersey's SIP submittals?

    New Jersey submitted a state-wide RACT assessment on June 11, 2015. 
The RACT submission from New Jersey consists of: (1) A certification 
that previously adopted RACT controls in New Jersey's SIP for various 
source categories that were approved by the EPA under the 1-hour and 
the 1997 8-hour ozone standards are based on the currently available 
technically and economically feasible controls and that they continue 
to represent RACT for the 2008 8-hour ozone standard for implementation 
purposes; (2) New Jersey's 14 existing case-by-case source specific 
limits, approved by the EPA for the 1997 8-hour ozone standard, which 
New Jersey indicates continue to meet RACT for the 2008 8-hour ozone 
standard; (3) a negative declaration that for certain CTGs and/or ACTs 
there are no sources within New Jersey or that there are no sources 
within New Jersey above the applicability threshold; and (4) a 
commitment to revise and adopt, and submit as a SIP revision, a new or 
more stringent regulation(s), incorporating four CTGs, if determined to 
be more effective than current New Jersey requirements, and to consider 
further limiting NOX emissions from natural gas compressor 
engines and turbines. New Jersey's December 14, 2017 submittal 
addresses the commitment for the four CTGs and two ACTs. New Jersey's 
January 8, 2018 SIP revision submittal certified, among other things, 
that the State's NOX RACT, VOC RACT, enhanced I/M program, 
emission statement program and ozone specific provisions NNSR program 
satisfy Federal regulations and are at least as stringent as the 
Federal requirements.
    The EPA has reviewed New Jersey's RACT analysis including the 
state-wide RACT analysis submitted on June 11, 2015, the December 14, 
2017 revisions and the January 2, 2018 certification that the State has 
adopted all applicable NOX RACT and VOC RACT. EPA proposes 
to find that these submissions fully address the OTR RACT requirements, 
the moderate RACT requirements for the NYMA and address the RACT 
requirements consistent with sections 172(c)(1), 182(b)(2) and 182(f) 
of the CAA, as interpreted by the EPA's regulations, guidance and 
policies. Also, the EPA has reviewed portions of New Jersey's January 
2, 2018 SIP submittal that certify the State has satisfied the 
requirements for an enhanced motor vehicle I/M program, an emission 
statement program and an ozone specific provisions NNSR program, and 
the EPA is proposing to approve the State's certifications.

V. What action is the EPA proposing?

    The EPA has evaluated the information provided by New Jersey and is 
proposing to approve New Jersey's state-wide RACT submittal dated June 
11, 2015 and the State's December 14, 2017 SIP revision rule, which 
include a declaration that the following source-specific categories 
either do not exist in this State, or fall below significant emission 
unit applicability thresholds in the CTGs: (1) Manufacture of Vegetable 
Oils; (2) Manufacture of Pneumatic Rubber Tires; (3) Aerospace 
Coatings; (4) Shipbuilding and Ship Repair Operations; (5) Metal 
Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and 
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly 
Coatings. The submittals also include amendments to N.J.A.C. 7:27, 
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air 
Pollution by Oxides of

[[Page 36823]]

Nitrogen,'' \12\ for purposes of satisfying the 2008 8-hour ozone 
standard RACT requirements, NOX RACT for major sources, Non-
CTG VOC RACT for major sources, all VOC CTG RACT sources and relevant 
OTR RACT requirements. The EPA is also proposing to approve portions of 
New Jersey's January 2, 2018 SIP revision that certifies the State has 
satisfied the requirements for an enhanced motor vehicle I/M program, 
an emission statement program, an ozone specific provisions NNSR 
program. As indicated in footnote 5, above, the EPA will address the 
remainder of the January 2, 2018 SIP submittal in a separate 
rulemaking.
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    \12\ State Effective dates for both rules is November 6, 2017 
(49 N.J.R. 3518).
---------------------------------------------------------------------------

    The EPA is soliciting public comments on the issues discussed in 
this proposal. These comments will be considered before the EPA takes 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments as discussed in the 
ADDRESSES section of this rulemaking.

VI. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference of revisions to Title 7, Chapter 27: Subchapters 16 and 19 of 
the New Jersey Administrative Code that implements New Jersey's RACT 
regulations for VOCs and NOX, as described in section III of 
this preamble.
    The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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) and 13563 (76 FR 382, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempt under 
Executive Order 12866;
     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 CAA; 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 proposed rulemaking action, pertaining to New 
Jersey's 2008 8-hour ozone RACT submission the is not approved to apply 
on any Indian reservation land or in any other area where EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone, 
Reporting and recordkeeping requirements, Volatile Organic Compounds.

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

    Dated: July 23, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-16378 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P