[Federal Register: April 7, 2004 (Volume 69, Number 67)]
[Proposed Rules]
[Page 18323-18327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap04-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ61-260, FRL-7644-4]
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: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to
conditionally approve 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 proposes a conditional approval of 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 proposed rule is to
conditionally approve source-specific emission limitations required by
the Clean Air Act.
DATES: Written comments must be received on or before May 7, 2004.
ADDRESSES: Comments may be submitted by mail to Raymond Werner, Chief,
Air Programs Branch, Environmental Protection Agency, Region II Office,
290 Broadway, 25th Floor, New York, New York 10007-1866. Comments may
also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in the ``General
Information'' section of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Richard Ruvo, Air Programs Branch,
Environmental Protection Agency Region II, 290 Broadway, 25th Floor,
New York, New York 10007-1866, (212) 637-4014, Ruvo.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Overview
The Environmental Protection Agency (EPA) is proposing to
conditionally approve 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:
EPA's Proposed Action
What Action Is EPA Proposing Today?
Why Is EPA Proposing This Action?
What Are EPA's Proposed Conditions For Approval?
How Can New Jersey Get Full Approval for This SIP Revision?
What Are the Clean Air Act Requirements for NOX RACT?
What Is EPA's Evaluation of New Jersey's SIP Revision?
New Jersey's SIP Revision
What are New Jersey's NOX RACT Requirements?
What are New Jersey's Facility-Specific NOX RACT
Requirements?
When Was New Jersey's RACT Determination Proposed and Adopted?
When Was New Jersey's SIP Revision Submitted to EPA?
General Information
How Can I Get Copies Of This Document and Other Related
Information?
How and To Whom Do I Submit Comments?
How Should I Submit CBI To the Agency?
[[Page 18324]]
Conclusion
Statutory and Executive Order Reviews
EPA's Proposed Action
What Action Is EPA Proposing Today?
EPA is proposing a conditional approval of 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.
Why Is EPA Proposing This Action?
EPA is proposing this action to:
Give the public the opportunity to submit
comments on EPA's proposed action, as discussed in the DATES and
ADDRESSES sections.
Fulfill New Jersey's and EPA's requirements
under the Clean Air Act (the Act).
Require that New Jersey's RACT determination
consider recent developments in emission control technology.
Require that New Jersey's RACT determination be
federally-enforceable.
What Are EPA's Proposed Conditions for Approval?
EPA is proposing the following two conditions for approving New
Jersey's source-specific SIP revision for Repauno's NOX RACT
plan:
1. New Jersey and Repauno must reassess as part of the RACT
analysis, the technical and economic feasibility of installing
selective catalytic reduction (SCR) technology to control
NOX emissions from Repauno's sodium nitrite manufacturing
process. The economic feasibility should be in a format consistent with
the ``EPA Air Pollution Control Cost Manual,'' January 2002 (EPA 452/B-
02-001), http://www.epa.gov/ttn/catc/products.html; and,
2. New Jersey and Repauno must provide recent continuous emissions
monitoring (CEM) data from the last two years, or any other two years
since the 1999 State-approval of Repauno's RACT analysis which are
determined to be more representative of normal source operation.
These areas of New Jersey's SIP revision and Repauno's
NOX RACT plan did not fully satisfy New Jersey's
NOX RACT regulations and EPA's NOX RACT guidance
and SIP revision requirements. A Technical Support Document (TSD),
prepared in support of this proposed action, contains a detailed
description of EPA's conditions for approval, as well as a detailed
description of New Jersey's submittal and EPA's evaluation. A copy of
the TSD is available upon request from the EPA Regional Office listed
in the ADDRESSES section.
How Can New Jersey Get Full Approval for This SIP Revision?
EPA is proposing conditional approval of New Jersey's SIP revision,
provided New Jersey commits in writing, on or before May 7, 2004, to
correct the deficiencies discussed in the ``What Are EPA's Proposed
Conditions for Approval?'' section. New Jersey must then correct the
deficiencies and submit them to EPA within one year of EPA's final
action on this SIP revision.
If New Jersey submits a commitment to comply with EPA's conditions,
EPA will publish a final conditional approval of New Jersey's SIP
revision. EPA will consider all information submitted prior to any
final rulemaking action as a supplement or amendment to the July 1,
1999, submittal. If New Jersey does not make the required commitment to
EPA, EPA is proposing to disapprove the SIP revision.
What Are the Clean Air Act Requirements for NOX RACT?
The Act requires certain states to develop RACT regulations for
major stationary sources of NOX and to provide for the
implementation of the required measures as soon as practicable but no
later than May 31, 1995. Under the Act, the definition of major
stationary source is based on the tons per year (tpy) of air pollution
a source emits and the quality of the air in the area of the source. In
ozone transport regions, attainment/unclassified areas as well as
marginal and moderate ozone nonattainment areas, a major stationary
source for NOX is considered to be one which emits or has
the potential to emit 100 tpy or more of NOX and is subject
to the requirements of a moderate nonattainment area. New Jersey is
within the Northeast ozone transport region, established by section
184(a) of the Act, and has defined a major stationary source for
NOX as a source which has the potential to emit 25 tpy, the
level set for severe ozone nonattainment areas. Consequently, all major
stationary sources of NOX within the State of New Jersey are
required to implement RACT no later than May 31, 1995. For detailed
information on the Act requirements for NOX RACT see the TSD
prepared for today's proposal.
What Is EPA's Evaluation of New Jersey's SIP Revision?
EPA has determined New Jersey's SIP revision for New Jersey's
NOX RACT determination for Repauno's sodium nitrite
manufacturing plant is consistent with New Jersey's NOX RACT
regulation and EPA's guidance, except for the deficiencies discussed in
the ``What Are EPA's Proposed Conditions for Approval?'' section.
EPA's basis for evaluating New Jersey's SIP revision, is whether
it meets the SIP requirements described in section 110 of the Act. EPA
thinks that New Jersey's SIP revision will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the Act, once New
Jersey addresses the conditions for approval.
After reviewing New Jersey's SIP revision submittals, EPA found
them all administratively and technically complete. EPA has determined
that, provided New Jersey agrees to EPA's commitment request, until
such time that New Jersey complies with all of EPA's conditions for
approval 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. The conditions contained in the Conditions Of Approval
Document currently specify emission limits, work practice standards,
and testing, monitoring, and record keeping/reporting requirements.
These conditions are consistent with the NOX RACT
requirements specified in Subchapter 19 and conform to EPA
NOX RACT guidance. More specifically, EPA proposes to
conditionally approve the current Conditions of Approval document which
includes a source-specific emission limitation of 207 pounds of
NOX per hour for the unit, based on improved absorption and
process control. Please note there may be other requirements, such as
adequate monitoring, which States and sources will need to provide for,
through the Title V permitting process.
New Jersey's SIP Revision
What are New Jersey's NOX RACT Requirements?
On November 15, 1993, New Jersey submitted to EPA, as a revision to
the SIP, subchapter 19 of chapter 27, title 7 of the New Jersey
Administrative Code. Subchapter 19 is entitled ``Control and
Prohibition of Air Pollution From Oxides of Nitrogen.'' This subchapter
provides the NOX RACT requirements
[[Page 18325]]
for New Jersey and was effective on December 20, 1993. New Jersey
submitted subchapter 19 to EPA, as a revision to the SIP, on November
15, 1993, and on January 27, 1997, the EPA final approval action on
subchapter 19 was published in the Federal Register (62 FR 3804).
On March 24, 1995, New Jersey adopted amendments to subchapter 19
and submitted them to EPA for approval as a SIP revision on June 21,
1996. On March 29, 1999, the EPA final approval action on the revised
subchapter 19 was published in the Federal Register (64 FR 14832).
What Are New Jersey's Facility-Specific NOX RACT
Requirements?
Section 19.13 of New Jersey's regulation establishes a procedure
for a case-by-case determination of what represents RACT for a
particular major facility, item of equipment or source operation. This
procedure applies to facilities considered major for NOX
which are in one of the following two situations: (1) Except for non-
utility boilers, if the NOX facility contains any source
operation or item of equipment of a category not listed in section 19.2
which has the potential to emit more than 10 tons of NOX per
year, or (2) if the owner or operator of a source operation or item of
equipment of a category listed in section 19.2 seeks approval of an
alternative maximum allowable emission rate. Today's proposal relates
to a facility in the first type of situation discussed above.
New Jersey's procedure requires either submission of a
NOX control plan if specific emission limitations do not
apply to the specific source, or submission of a request for an
alternative maximum allowable emission rate if specific emission
limitations do apply to the specific source. In either case, the
owners/operators must include a technical and economic feasibility
analysis of the possible alternative control measures. Also, in either
case, subchapter 19 requires that New Jersey establish emission limits
which rely on a RACT determination specific to the facility. The
resulting NOX control plan or alternate maximum allowable
emission rate must be submitted to EPA for approval as a SIP revision.
When Was New Jersey's RACT Determination Proposed and Adopted?
New Jersey's RACT determination was first proposed on February 15,
1995, with a public comment period ending March 15, 1995. New Jersey
adopted the RACT determination on February 15, 1996. New Jersey
modified Repauno's RACT determination several other times, after other
public notices and public comment periods. New Jersey adopted the last
RACT determination on July 1, 1999.
When Was New Jersey's SIP Revision Submitted to EPA?
New Jersey's SIP revision was modified several times between 1995
and 1999. New Jersey submitted SIP revisions to EPA on June 18, 1996,
January 21, 1998, and July 1, 1999. EPA determined each submittal
administratively and technically complete. Today's proposal is based on
the July 1, 1999, SIP revision, as supplemented on September 12, 2002,
September 26, 2002, April 3, 2003, and May 8, 2003.
General Information
How Can I Get Copies of This Document and Other Related Information?
The Regional Office has established an official public rulemaking
file available for inspection at the Regional Office. EPA has
established an official public rulemaking file for this action under
Region 2 Docket Number NJ61-260. The official public file consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Environmental Protection Agency, Region II
Office, Air Programs Branch, 290 Broadway, New York, New York 10007-
1866. EPA requests that if at all possible, you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
Copies of the State submittal and EPA's technical support document
are also available for public inspection during normal business hours,
by appointment at the State Air Agency: 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.
Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking [Region 2 Docket Number NJ61-
260]'' in the subject line on the first page of your comment. Please
ensure that your comments are submitted within the specified comment
period. Comments received after the close of the comment period will be
marked ``late.'' EPA is not required to consider these late comments.
Electronically. If you submit an electronic comment as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment. Also include this contact information on the outside of any
disk or CD ROM you submit, and in any cover letter accompanying the
disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
[[Page 18326]]
E-mail. Comments may be sent by electronic mail (e-mail) to
Werner.Raymond@epa.gov; please include the text ``Public comment on
proposed rulemaking [Region 2 Docket Number NJ61-260]'' in the subject
line. EPA's e-mail system is not an ``anonymous access'' system. If you
send an e-mail comment directly without going through Regulations.gov,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
Disk or CD ROM. You may submit comments on a disk or CD ROM that
you mail to the mailing address identified below. These electronic
submissions will be accepted in WordPerfect, Word or ASCII file format.
Avoid the use of special characters and any form of encryption.
By Mail. Send your comments to: Raymond Werner, Chief, Air Programs
Branch, Environmental Protection Agency, Region II Office, 290
Broadway, New York, New York 10007-1866. Please include the text
``Public comment on proposed rulemaking [Region 2 Docket Number NJ61-
260]'' in the subject line on the first page of your comment.
By Hand Delivery or Courier. Deliver your comments to: Raymond
Werner, Chief, Air Programs Branch, Environmental Protection Agency,
Region II Office, 290 Broadway, New York, New York 10007-1866. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30 excluding Federal holidays.
How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Conclusion
EPA is proposing to conditionally approve 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 proposing
conditional approval of New Jersey's SIP revision, provided New Jersey
commits in writing, on or before May 7, 2004, to correct the
deficiencies discussed in the ``What Are EPA's Proposed Conditions for
Approval?'' section. New Jersey must then correct the deficiencies and
submit them to EPA as a SIP revision within one year of EPA's final
action on this SIP revision.
If New Jersey submits a commitment to this effect in writing, on or
before May 7, 2004, EPA will publish a final conditional approval of
New Jersey's SIP revision. EPA will consider all information submitted
prior to any final rulemaking action as a supplement or amendment to
the SIP submittal. If New Jersey does not make the required commitment
to EPA, EPA is proposing, in the alternative, to disapprove the SIP
revision.
EPA is requesting public comment on the issues discussed in today's
action. EPA will consider all public comments before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting comments to the EPA Regional office listed in
the ADDRESSES section.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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
proposed 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
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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
proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-7863 Filed 4-6-04; 8:45 am]
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