[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Rules and Regulations]
[Pages 24980-24983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11181]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0817; FRL-9994-39-Region 2]
Approval of Source Specific Air Quality Implementation Plans; New
Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to
[[Page 24981]]
the New Jersey State Implementation Plan (SIP) for the 2008 8-hour
ozone National Ambient Air Quality Standard in relation to a Source
Specific SIP for Gerdau Ameristeel in Sayreville, New Jersey. On
December 5, 2018, the New Jersey Department of Environmental Protection
approved an administrative amendment reflecting new ownership and name
change to Commercial Metals Company. The control options in the Source
Specific SIP that address nitrogen oxide Reasonably Available Control
Technology for the natural gas fired billet reheat furnace remain the
same under the new ownership. The intended effect of this SIP revision
is for the Sayreville facility to continue to operate under their
facility specific maximum allowable nitrogen oxide emission rate. The
affected source will not increase hourly nitrogen oxide emissions,
therefore, the National Ambient Air Quality Standards for ozone is
protected.
DATES: The final rule is effective on July 1, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0817. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (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 electronically through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3565, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's Evaluation of New Jersey's Submittals
III. Comments Received in Response to EPA's Proposed Action
IV. Summary of EPA Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection Agency (EPA) is approving the revision
to the New Jersey State Implementation Plan (SIP) for attainment and
maintenance of the 2008 ozone National Ambient Air Quality Standard
(NAAQS). Specifically, under New Jersey Administrative Code, Title 7,
Chapter 27, Subchapter 19, ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen'' (N.J.A.C. 7:27-19). The New Jersey Department
of Environmental Protection (NJDEP) reviewed and approved the facility
specific emission limit (FSEL) nitrogen oxide (NOX) control
plan and the associated Reasonably Available Control Technology (RACT)
for the Gerdau Ameristeel facility located in Sayreville, New Jersey
(Sayreville Facility). The RACT for this SIP revision is the lowest
emission limitation economically feasible for controlling
NOX emissions from the Sayreville Facility's billet reheat
furnace (Sayerville BRF). The Sayreville BRF is used to raise the
temperature of steel billets to the required level for hot rolling.
Subchapter N.J.A.C. 7:27-19.13(a)(1), ``Alternative and facility
specific NOX emission limits,'' allows owners and operators
of major sources of NOX, upon approval of the NJDEP, to
obtain FSELs for maximum allowable NOX emission rates by
submitting a NOX control plan that meets the requirements of
N.J.A.C. 7:27-19.13(b). Furthermore, Subchapter N.J.A.C. 7:27-
19.13(a)(3) allows facilities that wish to continue to operate under
existing NOX control plans that were approved prior to May
1, 2005 to make the request by submitting an updated proposed
NOX control plan as required in N.J.A.C. 7:27-19.13. The
Sayreville Facility wishes to continue to operate under its existing
NOX control plan that was approved by the State on March 15,
2005. A full summary is included in the technical support document
(TSD) that is contained in EPA's docket assigned to this Federal
Register notice.
Please note that on December 5, 2018, the NJDEP approved an
administrative amendment reflecting new ownership and name change of
the Sayreville Facility from Gerdau Ameristeel to Commercial Metals
Company. All control options for the Sayreville BRF and CAA permit
limits (as approved by the NJDEP in the March 2005 NOX
control plan) remain the same under the new ownership as were under the
former owner Gerdau Ameristeel.
II. The EPA's Evaluation of New Jersey's Submittals
N.J.A.C. 19.13(a)(3) sets forth requirements for facilities that
wish to continue to operate under existing NOX control plans
that were approved prior to May 1, 2005. The regulation requires such
facilities to submit updated proposed NOX control plans to
NJDEP for review. Gerdau Ameristeel originally submitted an FSEL
NOX control plan for a BRF (old BRF) at the Sayreville
Facility to NJDEP in 1995. In 2004, the facility submitted to NJDEP a
proposed FSEL NOX control plan for a replacement BRF; the
new unit was designed with 64 ultra-low NOX burners. On
March 15, 2005, the NJDEP approved the NOX control plan by
authorizing Gerdau Ameristeel to replace the old BRF with the ultra-low
NOX burners.
On October 4, 2016, the Gerdau Ameristeel submitted an updated
proposed NOX control plan to NJDEP requesting to continue to
operate the March 15, 2005 NOX control plan for the
Sayreville BRF that has 64 ultra-low NOX burners and maximum
allowable NOX emission rate of 58.9 tons per year (TPY). On
March 20, 2018, the NJDEP submitted to the EPA a proposal to allow the
continued use of the control options as outlined in the State approved
Gerdau Ameristeel March 15, 2005 NOX control plan.
The Sayreville BRF has a heat input rating of 172.8 million British
Thermal Units per hour (MMBTU/hr) and is permitted under the facility's
CAA Title V operating permit (i.e., PI 18052, BOP 150001) for no more
than 0.1 MMBTU/hr of NOX as a major source with FSEL not to
exceed 17.3 pounds NOX per hour and 58.9 tons NOX
per year. The Sayreville Facility is required to conduct annual
emission testing to demonstrate compliance with 0.1 lb/MMBtu
NOX emission rate limit. The EPA has determined that the
Sayreville BRF identified in the SIP revision are consistent with New
Jersey's NOX RACT regulation and the EPA's guidance.
III. Comments Received in Response to EPA's Proposed Action
On March 21, 2019 (84 FR 10458) the EPA proposed approval of the
source-specific revision to the New Jersey SIP for 8-hour ozone for
Gerdau Ameristeel in Sayreville, New Jersey. The EPA received no public
comments during the 30-day public comment period in response to the
March 9, 2019 proposal.
IV. Summary of EPA's Final Action
Gerdau Ameristeel reached agreement with the NJDEP to continue to
operate under the approved March 15, 2005 NOX control plan
that allowed the Sayreville BRF to operate using 64 ultra-low
NOX burners. The Sayreville Facility underwent a change in
ownership to the Commercial Metals Company without changing its
production process or associated equipment. Moreover, the Sayreville
Facility met the regulatory requirements under N.J.A.C. 19.13(a)(3) to
submit and
[[Page 24982]]
obtain NJDEP approval for an updated proposed NOX control
plan requesting to continue to operate under their 2005 NOX
control plan approved prior to May 1, 2005. The updated NOX
control plan demonstrates that the only technically feasible control
technology currently not in use on the Sayreville BRF is the SCR option
and concludes that it is not RACT. Therefore, the EPA is approving the
NJDEP SIP revision for 8-hour ozone for Commercial Metals Company
continuing to operate under the 2005 NOX Control Plan.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing incorporate by reference for the
provisions described above in Section IV. Summary of the EPA's Final
Action.
The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office. Copies of the materials incorporated may be inspected at the
Environmental Protection Agency, Region 2, Air Programs Branch, 290
Broadway, New York, New York 10007. Please contact the person
identified in the For Further Information Contact section of this
preamble for more information.
Therefore, these materials have been approved by the EPA for
inclusion in the State implementation plan, have been incorporated by
reference by the 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 the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.
VI. 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 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 (Public Law 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 rule does not have tribal implications
as specified by Executive Order 13175, 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. Thus, Executive Order 13175 does not apply to this
action.
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 15, 2019.
Peter D. Lopez,
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. Section 52.1570 (d) is amended by adding the entries for ``Gerdau
Ameristeel Sayreville'' and ``CMC Steel New Jersey'' at the end of the
table. The additions read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(d) * * *
EPA-Approved New Jersey Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
Name of source Identifier No. State effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Gerdau Ameristeel Sayreville... Program Interest March 26, 2018........ May 30, 2019, None.
18052; Activity [Insert FR
Number BOP citation].
150001; Emission
Unit U2;
Operating
Scenario OS301;
Ref #2.
[[Page 24983]]
CMC Steel New Jersey........... Program Interest December 5, 2018...... May 30, 2019, New ownership
18052; Activity [Insert FR from Gerdau
Number BOP citation]. Ameristeel
180001; Emission Sayreville to
Unit U2; Commercial Metal
Operating Company (CMC).
Scenario OS301;
Ref #2.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-11181 Filed 5-29-19; 8:45 am]
BILLING CODE 6560-50-P