[Federal Register: July 1, 2004 (Volume 69, Number 126)]
[Rules and Regulations]
[Page 39856-39858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy04-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ69-276, FRL-7776-5]
Conditional Approval and Promulgation of Implementation Plans;
Reasonably Available Control Technology for Oxides of Nitrogen for a
Specific Source in the State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is conditionally approving a revision to the State
Implementation Plan (SIP) for ozone submitted by the State of New
Jersey. This SIP revision consists of a source-specific reasonably
available control technology (RACT) determination for controlling
oxides of nitrogen from the sodium nitrite manufacturing plant operated
by Repauno Products, LLC. This action conditionally approves the
source-specific RACT determination that was made by New Jersey in
accordance with provisions of its regulation to help meet the national
ambient air quality standard for ozone. The intended effect of this
final rule is to conditionally approve source-specific emission
limitations required by the Clean Air Act.
EFFECTIVE DATE: This rule is effective on August 2, 2004.
ADDRESSES: The official public rulemaking file is available for public
viewing during normal business hours at the EPA, Region 2 Office, Air
Programs Branch, 290 Broadway, New York, New York 10007-1866. Copies of
the State submittal and EPA's technical support document are also
available for public inspection during normal business hours at the New
Jersey Department of Environmental Protection, Office of Air Quality
Management, Bureau of Air Pollution Control, 401 East State Street,
CN027, Trenton, New Jersey 08625. Copies of documents related to the
docket are also available at the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102T), 1301 Constitution Avenue, NW.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Richard Ruvo, Air Programs Branch,
Environmental Protection Agency Region 2, 290 Broadway, 25th Floor, New
York, New York 10007-1866, (212) 637-4014, Ruvo.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Overview
EPA is conditionally approving the New Jersey State Department of
Environmental Protection's (New Jersey's) source-specific reasonably
available control technology (RACT) determination for controlling
oxides of nitrogen (NOX) from the sodium nitrite
manufacturing plant operated by Repauno Products, LLC (Repauno).
The following table of contents describes the format for this
SUPPLEMENTARY INFORMATION section:
I. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive on the Proposal?
III. What Is EPA's Conclusion?
IV. Statutory and Executive Order Reviews
[[Page 39857]]
I. What Action Is EPA Taking Today?
EPA is conditionally approving New Jersey's revision to the ozone
State Implementation Plan (SIP) submitted to EPA on July 1, 1999 and
supplemented on September 12, 2002, September 26, 2002, April 3, 2003
and May 8, 2003. This SIP revision relates to New Jersey's
NOX RACT determination for Repauno's sodium nitrite
manufacturing plant located in Gibbstown, Gloucester County.
EPA published in the Federal Register on April 7, 2004 (69 FR
18323) a proposal to conditionally approve New Jersey's SIP revision.
The April 7, 2004 proposed rule contains additional information
regarding New Jersey's SIP revision, EPA's rationale for conditionally
approving New Jersey's SIP revision, and describes in detail the
deficiencies that New Jersey must address in order for EPA to fully
approve this SIP revision. The two deficiencies are to:
1. Reassess as part of the RACT analysis, the technical and
economic feasibility of installing selective catalytic reduction (SCR)
technology and,
2. Provide recent continuous emissions monitoring (CEM) data in
order to determine an appropriate NOX RACT emission
limitation.
In a letter dated May 14, 2004, New Jersey committed to correct the
two deficiencies discussed in the April 7, 2004 proposed rule, and to
submit a new SIP revision within one year of the effective date of this
rule. Once New Jersey submits a new SIP revision to address these
deficiencies, EPA can take action to fully approve the SIP revision. If
New Jersey does not submit approvable revisions within one year of the
effective date of this rule, this conditional approval will
automatically revert to a disapproval of New Jersey's SIP revision. EPA
will publish a document in the Federal Register indicating whether the
conditional approval was satisfied or became a disapproval.
II. What Comments Did EPA Receive on the Proposal?
EPA's April 7, 2004 proposed rule provided a 30-day public comment
period. During this period, EPA received one comment letter on the
proposal to conditionally approve New Jersey's NOX RACT
determination. EPA's response immediately follows a summary of the
public comment.
Comments: A concerned citizen commented in support of lower
NOX emissions in New Jersey and in support of clean air in
general. The comments were not directed at Repauno as a specific source
or any specific NOX emission limitation at Repauno. In
addition, the comments did not include any supporting information or
justification.
Response: EPA acknowledges the citizen's support for clean air,
however no specific information or supporting justification relevant to
the NOX RACT determination for Repauno was provided for EPA
to reconsider the proposed conditional approval. For the reasons in
this section, and in the April 7, 2004 proposal, EPA is conditionally
approving the NOX emission limitation for Repauno,
consistent with the RACT requirements of the Clean Air Act.
III. What Is EPA's Conclusion?
EPA is conditionally approving the New Jersey SIP revision for a
source-specific RACT determination for Repauno's sodium nitrite
manufacturing plant. This SIP revision contains source-specific
NOX emission limitations for Repauno. EPA is conditionally
approving New Jersey's SIP revision, since New Jersey committed to
correct the two deficiencies discussed in the April 7, 2004 proposal,
and to submit them to EPA as a SIP revision within one year of the
effective date of this final rule. EPA received one adverse comment
letter on the April 7, 2004 proposal, however the comments did not
provide specific information necessary for EPA to reconsider the
proposed conditional approval. EPA has determined that until such time
that New Jersey corrects the two deficiencies and submits them to EPA
as a SIP revision, the NOX emission limits identified in New
Jersey's Conditions of Approval document represents RACT for Repauno's
sodium nitrite manufacturing process.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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
[[Page 39858]]
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.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
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 August 30, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: June 9, 2004.
Anthony Cancro,
Acting Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 is amended by adding new paragraph (c)(77) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
* * * * *
(77) Revisions to the State Implementation Plan submitted by the
New Jersey Department of Environmental Protection on July 1, 1999 and
supplemented on September 12, 2002, September 26, 2002, April 3, 2003
and May 8, 2003.
(i) Incorporation by reference:
Conditions of Approval Document: Conditions of Approval Document
issued by New Jersey on July 1, 1999 to Repauno Products, LLC's sodium
nitrite manufacturing plant, Gibbstown, Gloucester County.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits in SIP
revision addressed to Regional Administrator Jeanne M. Fox from New
Jersey Commissioner Robert C. Shinn, Jr.:
(A) July 1, 1999 SIP revision,
(B) September 12, 2002, September 26, 2002, April 3, 2003 and May
8, 2003 supplemental information to the SIP revision,
(C) May 14, 2004 commitment letter from New Jersey.
[FR Doc. 04-14821 Filed 6-30-04; 8:45 am]
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