[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21343-21346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09175]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No., EPA-R02-OAR-2016-0766; FRL-9961-21-Region 2]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for Specific
Sources in the State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve two revisions to the State Implementation Plan (SIP) for ozone
submitted by the State of New Jersey. This SIP revision consists of two
source-specific reasonably available control technology (RACT)
determinations for controlling oxides of nitrogen. One is for the
Transcontinental Gas Pipeline Corp., LNG Station 240 located in
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action proposes to approve the
source-specific RACT determinations that were made by New Jersey in
accordance with the provisions of its regulation to help meet the
national ambient air quality standard for ozone. The intended effect of
this proposed rule is to approve source-specific emissions limitations
required by the Clean Air Act.
[[Page 21344]]
DATES: Comments must be received on or before June 7, 2017.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0766, at http://www.regulations.gov. Follow the on-line
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: Anthony (Ted) Gardella
[email protected] at the U.S. Environmental Protection Agency,
Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866,
telephone number (212) 637-4249, fax number (212) 637-3901.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. The EPA's Proposed Action
A. What action is the EPA proposing today?
B. Why is the EPA proposing this action?
C. What are the Clean Air Act requirements for NOX
RACT?
D. What is the EPA's evaluation of New Jersey's SIP Revision?
II. New Jersey's SIP Revision
A. What are New Jersey's NOX RACT requirements?
B. What are New Jersey's facility specific NOX RACT
requirements?
C. When was New Jersey's RACT determination proposed and
adopted?
D. When was New Jersey's proposed SIP revision submitted to the
EPA?
III. Conclusion
IV. Statutory and Executive Order Reviews
I. The EPA's Proposed Action
A. What action is the EPA proposing today?
The EPA is proposing to approve two source-specific State
Implementation Plan (SIP) revisions for ozone submitted by the State of
New Jersey. These SIP revisions relate to New Jersey's oxides of
nitrogen (NOX) reasonably available control technology
(RACT) determinations for the Transcontinental Gas Pipeline Corp., LNG
Station 240 (Transco-240) located in Carlstadt, New Jersey, Bergen
County and for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in
Lakehurst, New Jersey, Ocean County. These SIP revisions were submitted
to the EPA for approval on July 1, 2014 and July 25, 2016 respectively.
The determinations are for the four natural gas-fired water bath
heaters at the Transco-240 facility and the two natural gas-fired
boilers (Nos 2 and 3) at the JB-MDL facility.
B. Why is the EPA proposing this action?
The EPA is proposing this action to:
Give the public the opportunity to submit comments on the
EPA's proposed action, as discussed in the DATES and ADDRESSES
sections.
Fulfill New Jersey's and the EPA's requirements under the
Clean Air Act (Act).
Make New Jersey's RACT determination federally-
enforceable.
C. What are the Clean Air Act requirements for NOX RACT?
The Act requires certain states to develop RACT regulations for
stationary sources of NOX and to provide for the
implementation of the required measures as soon as practicable. For
detailed information on the requirements of the Act for NOX
RACT and for the EPA's technical evaluation of New Jersey's SIP
revision, see the Technical Support Document (TSD), prepared in support
of this proposed action. A copy of the TSD is available in the Docket
for this action, and by contacting the individual in the For Further
Information Section.
D. What is the EPA's evaluation of New Jersey's SIP revision?
The EPA has determined that New Jersey's proposed SIP revisions for
the NOX RACT determinations for Transco-240 and JB-MDL are
consistent with New Jersey's NOX RACT regulation and the
EPA's guidance. The EPA's basis for evaluating New Jersey's proposed
SIP revisions is whether they meet the SIP requirements described in
section 110 of the Act. The EPA has determined that New Jersey's
proposed SIP revisions will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the Act.
The EPA has determined that the NOX emission limits
identified in New Jersey's Conditions of Approval document and
alternative emission limit compliance plan represent RACT for Transco-
240 and JB-MDL respectively. The conditions contained in these
documents currently specify emissions limits, work practice standards,
testing, monitoring, and recordkeeping/reporting requirements. These
conditions are consistent with the NOX RACT requirements
specified in Subchapter 19 of Chapter 27, Title 7 of the New Jersey
Administrative Code and conform to the EPA's NOX RACT
guidance. More specifically, the EPA proposes to approve the current
Conditions of Approval document for Transco-240 which includes the
following:
1. The emission rate of NOX from each water bath heater,
while firing natural gas, shall not exceed 0.10 pounds per million
British thermal units (lb/MMBTU);
2. The total emission rate of NOX from all four water
bath heaters, while combusting natural gas shall not exceed 6.7 tons
per year;
3. Transco-240 shall operate the four natural gas-fired water bath
heaters for a combined total of 1600 hours per year or less;
4. Transco-240 shall not operate the four water bath heaters during
the ozone season; and
5. The flue gas recirculation (FGR) system shall operate at all
times the heater is operating.
For JB-MDL, the EPA proposes to approve the alternative emission limit
compliance plan which includes the following:
1. An alternative NOX Emission Limit (AEL) of 0.1 lb/
MMBTU for boiler #2 and boiler #3 pursuant to N.J.A.C.7:27-19.13; and
2. Decrease in natural gas use from 181.43 to 108.6 million cubic
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per
year for boiler #3.
In addition, the documents for both facilities specify the
NOX emissions limits, combustion process adjustments
mentioned above, emission testing, monitoring, recordkeeping and
reporting requirements, which States and sources will need to provide
for through the Title V permitting process.
II. New Jersey's SIP Revision
A. What are New Jersey's NOX RACT requirements?
New Jersey's NOX RACT requirements are contained in
Subchapter 19 entitled ``Control And Prohibition of Air Pollution From
Oxides of Nitrogen'', of Chapter 27, Title 7 of the New Jersey
[[Page 21345]]
Administrative Code. New Jersey has made numerous revisions to
Subchapter 19 since the original SIP submission. The current SIP
approved version of Subchapter 19 was approved by the EPA on August 3,
2010 (75 FR 45483). New Jersey RACT requirements specify the emission
rate of NOX from each water bath or boiler, while firing
natural gas, shall not exceed 0.10 lb/MMBTU. The maximum allowable
emission limit becomes effective on the effective date of EPA's
approval, as published in the Federal Register, of New Jersey's SIP
revision for the AEL. Until EPA's approval becomes effective, the
maximum allowable emission rate for each water bath heater or boiler is
0.05 lb/MMBTU, as required by Subchapter 19.
B. 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 major
NOX 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) If the
NOX facility contains any source operation or item of
equipment of a category not listed in section 19.2(b) or (c) 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(b) or (c) seeks approval of an
alternative maximum allowable emission rate. This proposal applies to
both facilities for the second situation listed 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 alternative maximum allowable
emission rate must be submitted to the EPA for approval as a SIP
revision.
C. When was New Jersey's RACT determination proposed and adopted?
New Jersey's RACT determination for Transco-240 was proposed on
March 26, 2014, with the public comment period ending April 25, 2014.
New Jersey approved the RACT determination on June 12, 2014. New
Jersey's RACT determination for JB-MDL was proposed on June 8, 2016,
with the public comment period ending July 8, 2016. New Jersey approved
the RACT determination on August 26, 2016. New Jersey did not receive
any comments during either of the two comment periods.
D. When was New Jersey's SIP revision submitted to the EPA?
New Jersey's SIP revision for Transco-240 was submitted to the EPA
on July 1, 2014 and New Jersey's SIP revision for JB-MDL was submitted
on July 25, 2016. By operation of law the submittals were deemed
administratively and technically complete six months from the submittal
dates.
III. Conclusion
The EPA is proposing to approve the New Jersey SIP revisions for
alternative RACT emission limit determinations for the following two
sources: (1) The four water bath heaters for the Transcontinental Gas
Pipeline Corp., LNG Station 240 which includes source-specific
NOX emissions limits, combustion process adjustments,
emission testing, monitoring, recordkeeping and reporting requirements;
and (2) the two boilers (No's 2 and 3) for the Joint Base McGuire-Dix-
Lakehurst which includes source-specific NOX emissions
limits, combustion process adjustments, emission testing, monitoring,
recordkeeping and reporting requirements. The EPA is proposing to
approve these revisions since the evaluated alternative control
measures at both facilities were determined not to be economically
feasible. In addition, the revised RACT requirements will include
limits on fuel use and total number of hours of operation at
Transcontinental Gas Pipeline Corp., LNG Station 240 and limits on fuel
use resulting in a decrease in natural gas use at Joint Base McGuire-
Dix-Lakehurst. The EPA will consider all comments submitted prior to
any final rulemaking action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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);
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 Clean Air Act; and
does not provide the 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 rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and the 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
[[Page 21346]]
Dated: March 23, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09175 Filed 5-5-17; 8:45 am]
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