[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]


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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.

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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

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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
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         Name of source            Identifier No.    State effective date   EPA approval date       Comments
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                                                  * * * * * * *
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.

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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.
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[FR Doc. 2019-11181 Filed 5-29-19; 8:45 am]
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