[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36816-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16378]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0549; FRL-9981-62--Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve several State Implementation Plan (SIP) revisions submitted by
the State of New Jersey for purposes of implementing Reasonably
Available Control Technology (RACT) for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). The EPA is proposing to approve
New Jersey's SIP revision for the control and prohibition of air
pollution by volatile organic compounds (VOCs) and control and
prohibition of air pollution by oxides of nitrogen (NOX), as
they are intended to satisfy certain control technique guideline (CTG)
and NOX RACT categories. The EPA is proposing to approve New
Jersey's certification that there are no sources within the State for
the following CTGs: Manufacture of Vegetable Oils; Manufacture of
Pneumatic Rubber Tires; Aerospace
[[Page 36817]]
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA
is proposing to approve New Jersey's RACT SIP as it applies to non-CTG
major sources of VOCs and major sources of NOX. The EPA is
also proposing to approve the other portions of the comprehensive SIP
revision submitted by New Jersey that certify that the State has
satisfied the requirements for an enhanced motor vehicle Inspection and
Maintenance program, certify that the State has satisfied the
requirements for an emission statement program, certify that the State
has satisfied the requirements for an ozone specific provisions
nonattainment new source review program, and show the State has adopted
all NOX RACT and VOC RACT, as it pertains to the 2008 8-hour
ozone NAAQS. These actions are being taken in accordance with the
requirements of the Clean Air Act.
DATES: Written comments must be received on or before August 30, 2018.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0549 at http://www.regulations.gov. Follow the online
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: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New Jersey submit?
IV. What is the EPA's evaluation of New Jersey's SIP submittals?
V. What action is the EPA proposing?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of New Jersey on June 11, 2015, for
purposes of implementing Reasonably Available Control Technology (RACT)
\1\ for the 2008 8-hour ozone National Ambient Air Quality Standard
(NAAQS or standard). New Jersey's June 11, 2015 SIP submittal consists
of a showing that the State meets the RACT requirements for the two
precursors for ground-level ozone, i.e., oxides of nitrogen
(NOX) and volatile organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with respect to the 2008 ozone standard.
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\1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
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This action addresses New Jersey SIP submittals dated June 11,
2015, December 14, 2017, and January 2, 2018. In the June 11, 2015 SIP
submittal, the State indicates that the RACT requirements for the 2008
ozone NAAQS have been fulfilled with the exception of sources subject
to four Control Techniques Guidelines (CTGs) for source categories
represented in New Jersey: Industrial Cleaning Solvents (EPA 453/R-06-
001); Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous
Metal and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass
Boat Manufacturing Materials (EPA-453/R-08-004). The June 11, 2015
submittal also establishes new limits on NOX emissions from
existing simple cycle combustion turbines combusting natural gas and
compressing gaseous fuel at major NOX facilities and
stationary reciprocating engines combusting natural gas and compressing
gaseous fuel at major NOX facilities. In a submission
received by the EPA on December 14, 2017,\2\ titled ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds and Oxides
of Nitrogen,'' New Jersey indicates that the RACT requirements for the
2008 ozone NAAQS have been fulfilled for sources subject to the four
CTGs identified above that were not addressed in the June 11, 2015
submittal. The EPA is proposing to approve New Jersey's June 11, 2015
RACT SIP as it applies to non-CTG major sources of VOCs and to major
sources of NOX. The EPA is proposing to approve New Jersey's
December 14, 2017 submittal addressing the aforementioned four CTGs and
establishing new limits on NOX emissions.
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\2\ Submission cover letter dated November 30, 2017.
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Also, the EPA is proposing to approve the portions of New Jersey's
SIP revision submitted on January 2, 2018,\3\ that certifies the State
has satisfied the requirements for a motor vehicle enhanced inspection
and maintenance (I/M) program, an emission statement program, an ozone
specific provisions nonattainment new source review (NNSR) program, and
that the State has adopted all applicable NOX RACT and VOC
RACT, submitted in the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone
Attainment Demonstration Northern New Jersey-New York-Connecticut
Nonattainment Area and Nonattainment New Source Review (NNSR) Program
Compliance Certification New Jersey Statewide'' SIP revision.
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\3\ Submission cover letter dated December 22, 2017.
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The EPA proposes that New Jersey's SIP submittals are consistent
with the EPA's guidance documents as well as the EPA's CTG and
Alternative Control Technique (ACT) documents and are fully approvable
as SIP-strengthening measures for New Jersey's ozone SIP.
II. What is the background for this proposed rulemaking?
In 2008, the EPA revised the health based NAAQS for ozone, setting
it at 0.075 parts per million (ppm), or 75 parts per billion (ppb),
averaged over an 8-hour time frame. The EPA determined that the revised
8-hour standard would be more protective of human health, especially
with regard to children and adults who are active outdoors and
individuals with a pre-existing respiratory disease such as asthma.
On May 21, 2012 (77 FR 30087), the EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 2008 8-hour ozone standard. This action became effective on July
20, 2012. The two 8-hour ozone marginal nonattainment areas located in
New Jersey are the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area, also referred to as the New York Metropolitan Area
[[Page 36818]]
(NYMA), and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment area. The New Jersey portion of the NYMA is comprised of
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union and Warren Counties. On May 4, 2016 (81 FR
26697), the EPA determined that the NYMA did not attain the 2008 ozone
standard by the applicable attainment date and is reclassified from a
marginal to a moderate nonattainment area. State attainment plans for
moderate nonattainment areas were due by January 1, 2017. Since the
NYMA has been reclassified to a moderate nonattainment area, New Jersey
submitted a new RACT determination as part of the State's attainment
demonstration for the 2008 ozone standard.
In areas classified as moderate or areas located in the Ozone
Transport Region (OTR) (which includes all of New Jersey) under the 8-
hour ozone standard, the definition for major sources is 50 tons per
year for VOC and 100 tons per year for NOX. New Jersey,
however, has an emission threshold of 25 tons per year throughout the
state for purposes of the RACT analysis which results in a more
stringent evaluation of RACT.
Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in areas classified as moderate (and higher)
nonattainment for ozone, while section 184(b)(1)(B) of the CAA requires
RACT in states located in the OTR. Specifically, these areas are
required to implement RACT for all major VOC and NOX
emission sources and for all sources covered by a CTG. A CTG is a
document issued by the EPA which establishes a ``presumptive norm'' for
RACT for a specific VOC source category. A related set of documents,
ACT documents, exists primarily for NOX control
requirements. States must submit rules or negative declarations when
the State has no such sources for CTG source categories, but not for
sources in ACT categories. However, RACT must be imposed on major
sources of NOX, and some of those major sources may be
within a sector covered by an ACT document.
On March 6, 2015 (80 FR 12264), the EPA published a final rule,
herein referred to as the ``2008 ozone implementation rule,'' that
outlined the obligations that areas found to be in nonattainment of the
2008 ozone NAAQS needed to address. The 2008 ozone implementation rule
contains, among other things, a description of the EPA's expectations
for states with RACT obligations. The 2008 ozone implementation rule
indicates that states could meet RACT through the establishment of new
or more stringent requirements that meet RACT control levels, through a
certification that previously adopted RACT controls in their SIP
approved by the EPA under a prior ozone NAAQS represents adequate RACT
control levels for attainment of the 2008 ozone NAAQS, or a combination
of these two approaches. In addition, a state must submit a negative
declaration in instances where there are no CTG sources. The 2008 ozone
implementation rule requires that states with nonattainment areas to
submit RACT SIPs to EPA within two years from the effective date of
nonattainment designation or by July 20, 2014.
The 2008 ozone implementation rule also states, among other things,
that an attainment demonstration should consist of a list of adopted
measures (including RACT) with schedules for implementation and other
means and techniques necessary and appropriate for demonstrating
attainment as expeditiously as practicable but no later than the
outside attainment date for the area's classification. New Jersey
submitted an attainment demonstration SIP and EPA will act on it in a
separate rulemaking.
III. What did New Jersey submit?
On June 11, 2015, the New Jersey Department of Environmental
Protection (NJDEP) submitted to the EPA a formal revision to its SIP.
The SIP revision consists of information documenting how New Jersey
complied with the RACT requirements for the 2008 8-hour ozone NAAQS,
pertaining to the former marginal classification for the NYMA. In its
June 11, 2015 submittal, New Jersey certifies that the State's
submittal addresses the RACT requirements for the 2008 8-hour ozone
standard except that it does not fulfill the requirements of the CTGs
for industrial cleaning solvents, paper film and foil coatings,
fiberglass boat manufacturing materials, and miscellaneous metal and
plastic parts coatings and the requirements of the ACTs for stationary
reciprocating internal combustion engines and stationary gas turbines.
In New Jersey's June 2015 RACT submittal, the State commits to revise
New Jersey Administrative Code, Title 7, Chapter 27 (N.J.A.C 7:27)
Subchapter 16 and Subchapter 19 to address those requirements in a
timely manner.
On December 14, 2017, the EPA received New Jersey's SIP revision,
``New Jersey's Control and Prohibition of Air Pollution by Volatile
Organic Compounds and Control and Prohibition of Air Pollution by
Oxides of Nitrogen.'' \3\ The December 14, 2017 submittal includes the
amendment to N.J.A.C. 7:27, Subchapter 16, ``Control and Prohibition of
Air Pollution by Volatile Organic Compounds'' and Subchapter 19,
``Control and Prohibition of Air Pollution by Oxides of Nitrogen'' that
New Jersey committed to propose and adopt in their June 11, 2015
submittal.
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\3\ Effective date November 6, 2017 (49 N.J.R. 3518).
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On January 2, 2018, New Jersey submitted, for inclusion in the SIP,
the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone Attainment Demonstration
Northern New Jersey-New York-Connecticut Nonattainment Area and
Nonattainment New Source Review (NNSR) Program Compliance Certification
New Jersey Statewide.'' In the January 2, 2018 submission New Jersey
certifies, among other things, that the State has satisfied the
requirements for an enhanced motor vehicle I/M program, an emission
statement program, an ozone specific provisions NNSR program, and that
the State has adopted all applicable NOX RACT and VOC RACT
for the moderate NYMA.\4\
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\4\ The EPA will act on the remainder of New Jersey's January 2,
2018 SIP revision submittal, including the attainment
demonstrations, Reasonable Further Progress (RFP) requirements and
other portions at a later date.
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In New Jersey's June 11, 2015 RACT submittal, the State evaluated
its existing RACT regulations which were adopted to meet the 1997 8-
hour ozone standard to ascertain whether the same regulations
constitute RACT for the 2008 8-hour ozone standard. In making its new
8-hour ozone RACT determination, New Jersey referenced EPA's RACT
guidance (``Beyond Volatile Organic Compound-Reasonably Available
Control Technology-Control Technology Guidelines Requirements, EPA-453/
R-95-010, April 1995) and EPA's proposed rule ``Implementation of the
2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements.'' 78 FR 34178 (June 2013).\5\
Accordingly, the basic framework for New Jersey's June 11, 2015 RACT
SIP determination is described as follows:
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\5\ The EPA finalized the proposed rule. 80 FR 12264 (March 6,
2015).
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Identify all source categories covered by Control
Technique Guidelines (CTG) and Alternative Control Technique (ACT)
documents.
Identify applicable regulations that implement RACT.
Certify that the existing level of controls for the 1997
8-hour ozone standard equals RACT under the 2008 8-hour ozone standard
in certain cases.
[[Page 36819]]
Declare that sources covered by a CTG and ACT do not exist
within the state and/or that RACT is not applicable in certain cases.
Identify and evaluate applicability of RACT to individual
sources whose source category does not have a presumptive emission
limit covered by a state-wide regulation.
Identify potential RACT revisions.
In New Jersey's June 11, 2015 submittal, the State certified that
all statewide RACT regulations, with the exception of four CTGs and two
ACTs, with SIP approved state effective dates prior to the date when
the RACT analysis was performed in 2015, are RACT for the 2008 8-hour
ozone NAAQS, because the RACT determinations issued by the State are
consistent with the most recent control technology and economic
considerations. The State's December 14, 2017 submittal addressed the
requirements for the four CTGs; the CTG for ``industrial cleaning
solvents,'' ``paper film and foil coatings,'' ``fiberglass boat
manufacturing materials,'' and ``miscellaneous metal and plastic parts
coatings'' and the two ACTs for ``stationary reciprocating internal
combustion engines'' and ``stationary gas turbines.'' The following
discusses the results of New Jersey's analysis of RACT under the basic
framework identified above.
CTGs and ACTs
New Jersey reviewed its existing RACT regulations adopted under the
1979 1-hour and 1997 8- hour ozone standard to identify source
categories covered by the EPA's CTG and ACT documents. New Jersey's
2015 RACT SIP submittal lists the CTG and ACT documents and
corresponding State RACT regulations that cover the CTG and ACT sources
included in New Jersey's emissions inventory.
In 2009, New Jersey adopted VOC and NOX RACT for major
non-CTG sources located in the State. Those sources for which EPA
guidance was not published, but for which the State established RACT,
include:
1. High Electric Demand Day boilers serving EGUs [N.J.A.C. 7:27-
19.4];
2. High Electric Demand Day turbines serving EGUs [N.J.A.C. 7:27-
19.5];
3. Asphalt paving production plants [N.J.A.C. 7:27-19.9];
4. Alternative VOC control requirements [N.J.A.C. 7:27-16.17];
5. Alternative and facility-specific NOX emission limits
[N.J.A.C. 7:27-19.13];
6. Municipal solid waste (MSW) incinerators [N.J.A.C. 7:27-19.12];
and
7. Sewage sludge incinerators [N.J.A.C. 7:27-19.28].
New Jersey has determined that currently effective emission limits
for these source categories still represent RACT in 2015 for the
marginal classification in the NYMA for the 75 ppb ozone standard.
With the exception of the source categories for which New Jersey
has made negative declarations, New Jersey has implemented RACT
controls state-wide for all CTGs that the EPA has issued as of June
2015 to meet the requirements of the CAA. The following table lists the
RACT controls that have been promulgated in N.J.A.C. 7:27 and the
corresponding EPA SIP approval dates.
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N.J.A.C. 7:27 subchapter Title EPA latest approval date
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16.2...................................... VOC stationary storage tanks.............. 8/3/10, 75 FR 45483
16.3...................................... Gasoline transfer operations.............. 8/3/10, 75 FR 45483
16.6...................................... Open top tanks and solvent cleaning 8/3/10, 75 FR 45483
operations.
16.7...................................... Surface coating and graphic arts 8/3/10, 75 FR 45483
operations.
16.12..................................... Surface coating operations at mobile 8/3/10, 75 FR 45483
equipment repair and refinishing
facilities.
16.16..................................... Other source operations................... 8/3/10, 75 FR 45483
16.18..................................... Leak detection and repair................. 8/3/10, 75 FR 45483
16.19..................................... Application of cutback and emulsified 8/3/10, 75 FR 45483
asphalts.
16.20..................................... Petroleum solvent dry cleaning operations. 8/3/10, 75 FR 45483
19.4...................................... Boilers serving electric generating units. 8/3/10, 75 FR 45483
19.5...................................... Stationary combustion turbines............ 8/3/10, 75 FR 45483
19.7...................................... Industrial/commercial/institutional 8/3/10, 75 FR 45483
boilers and other indirect heat
exchangers.
19.8...................................... Stationary reciprocating engines.......... 8/3/10, 75 FR 45483
19.10..................................... Glass manufacturing furnaces.............. 8/3/10, 75 FR 45483
23........................................ Prevention of Air Pollution from 12/22/10, 75 FR 80340
Architectural Coatings Standards.
24........................................ Consumer products......................... 12/22/10, 75 FR 80340
26........................................ Prevention of Air Pollution from 12/22/10, 75 FR 80340
Adhesives, Sealants, Adhesive Primers and
Sealant Primers.
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New Jersey's June 11, 2015 RACT submittal contains a table (see
Table II-2: RACT Certifications Based on Existing EPA Guidance) listing
all the CTG and ACT categories (67 categories in total) and the
corresponding State regulations or negative declarations that address
the requirements. The EPA previously approved and incorporated into the
SIP all of the State's regulations identified in Table II-2 that
address CTGs and ACTs. New Jersey's December 14, 2017 submittal
fulfilled the requirement to submit for the four CTGs and two ACTs
which are identified in Table II-2 as rules that had not yet been
adopted.
For many source categories, the existing New Jersey rules have more
stringent emission limits and/or lower thresholds of applicability than
the recommendations contained in the CTG and ACT documents. New Jersey
considers and certifies that its SIP approved regulations meet the RACT
requirements for the 2008 8-hour ozone standard.
Source Categories Not Applicable in New Jersey
In New Jersey's 2015 submittal, by comparing the list of existing
CTGs with New Jersey's effective rules, and researching the New Jersey
Environmental Management System (NJEMS) emission statements and
permitting database for source categories by Standard Industrial Code
(SIC), the State certifies that the following source-specific
categories either do not exist in this State, or fall below significant
emission unit applicability thresholds in the CTGs: (1) Manufacture of
Vegetable Oils; \6\ (2)
[[Page 36820]]
Manufacture of Pneumatic Rubber Tires; (3) Aerospace Coatings; (4)
Shipbuilding and Ship Repair Operations; (5) Metal Furniture Coatings;
(6) Large Appliance Coatings; and (7) Auto and Light Duty Truck
Original Equipment Manufacturer (OEM) Assembly Coatings.
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\6\ The CTG for the manufacturing of vegetable oils was
published in June 1978 (see EPA-450/2-78- 035) but in a March 1980
guidance document, entitled ``Guidance for the Control of Volatile
Organic Compounds Emitted by Ten Selected Source Categories,'' the
EPA advised that the ``states are not required, at this time, to
develop regulations for the vegetable oil manufacturing industry.''
The EPA guidance has not been revised since the March 1980 guidance.
At this time, the EPA considers the vegetable oil CTG as only
guidance for states when they need to develop attainment plans in
nonattainment areas.
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Source-Specific RACT Determinations
A source-specific RACT determination applies to sources that have
obtained a facility-specific emission limit or an alternative emission
limit, i.e., a variance. A case-by-case RACT analysis is required for
sources that are not defined by a specific source category covered by
an existing state regulation, that are requesting a variance, or that
are not addressed by a CTG. New Jersey's RACT regulations at N.J.A.C.
7:27 Subchapter 19.13 for NOX and at Subchapter 16.17 for
VOCs outline the process and conditions for granting a source-specific
RACT determination. Under the CAA, these individual source-specific
RACT determinations need to be submitted by the State as a SIP revision
for the EPA's approval. Therefore, New Jersey included Table II-3 in
its June 2015 RACT SIP submittal, a listing of VOC and NOX
source facilities that are subject to a RACT source-specific SIP
revision under the 8-hour ozone SIP and the corresponding emission
limits, control technology and applicable regulation governing the RACT
determinations. Consistent with the CAA, New Jersey submitted to the
EPA SIP revisions that included the source-specific RACT revisions
identified in Table II-3 of the 2015 RACT SIP submittal. The EPA has
approved some of those revisions and is performing its technical review
of the remainder of the submittals and will take separate rulemaking
actions for each of the source-specific determinations (see 40 CFR
52.1570 (d) ``EPA approved State source-specific requirements'').
New Jersey's Control and Prohibition of Air Pollution by Volatile
Organic Compounds
New Jersey's December 14, 2017 submittal, which included amendments
to N.J.A.C. 7:27, Subchapter 16, addresses sources subject to four CTGs
for source categories represented in New Jersey: Industrial Cleaning
Solvents (ICS), CTG issued September 2006 (EPA 453/R-06-001); Paper,
Film, and Foil Coatings (PFFC), CTG issued September 2007 (EPA 453/R-
07-003); Miscellaneous Metal and Plastic Parts Coatings (MMPPC), CTG
issued September 2008 (EPA 453/R-08-003); and Fiberglass Boat
Manufacturing Materials (FBMM), CTG issued September 2008 (EPA-453/R-
08-004). The VOC emission limits adopted by New Jersey and set forth in
Subchapter 16 are as effective in regulating the source categories as
the EPA's CTG documents.
Industrial Cleaning Solvents (ICS)
The EPA issued a CTG for industrial cleaning solvents in 2006 that
includes recommended control techniques. This category includes the
industrial cleaning solvents used by many industries. It includes a
variety of products that are used to remove contaminants such as
adhesives, inks, paint, dirt, soil, oil and grease. The recommended
measures for controlling VOC emissions from the use, storage and
disposal of industrial cleaning solvents include work practice
standards, limitations on VOC content of the cleaning materials, and an
optional alternative limit on composite vapor pressure of the cleaning
materials. They also include the use of add-on controls with an overall
emission reduction of at least 85 percent by mass.
Based on the EPA CTG, New Jersey adopted new rules N.J.A.C. 7:27-
16.24 which specifies VOC content and vapor pressure limits for
solvents used in solvent cleaning activities conducted to remove
material through wiping, flushing, or spraying. Facilities can be
exempt by annual industrial cleaning solvent usage, based on a purchase
limit, and by source operation type. Compliance can be achieved by
meeting a maximum VOC content, a maximum VOC composite vapor pressure,
or a minimum control efficiency. Applicable facilities must implement
best management practices, which include keeping cleaning materials in
closed containers when not in use. Recordkeeping must be maintained
which demonstrates compliance. The EPA proposes to find that New
Jersey's adopted ICS rules are as effective in regulating the source
category as the EPA's CTG document.
Paper, Film, and Foil Coatings (PFFC)
The EPA issued a 2007 CTG for paper, film and foil coatings.
Previous Federal actions that affected this source category included a
1977 CTG for controlling VOC emissions from surface coating of paper,
the 1983 new source performance standards (NSPS) for surface coating of
pressure sensitive tape and labels (a subset of this category), and a
2002 National Emissions Standards for Hazardous Air Pollutants (NESHAP)
for paper and other web coating. The EPA recommends applying the
control recommendations for coatings only to individual paper, film and
foil surface coating lines with the potential to emit at least 25 tons
per year (tpy) of VOC from coatings, prior to controls. The EPA
recommends an overall VOC control efficiency of 90 percent as RACT for
each coating line.
New Jersey adopted amendments to N.J.A.C. 7:27-16.7, based on the
CTG, which requires paper, film, and foil coating operations to
implement best management practices if the actual VOC emissions exceed
15 pounds per day for all coating operations. The EPA proposes to find
that New Jersey's adopted PFFC rules are as effective in regulating the
source category as the EPA's CTG document.
Miscellaneous Metal and Plastic Parts Coatings (MMPPC)
The EPA issued a 2008 CTG for miscellaneous metal and plastic parts
coatings. The CTG recommended three options for controlling VOC
emissions: (1) VOC content limits for each coating category based on
the use of low-VOC content coatings and specified application methods
to achieve good transfer efficiency; (2) equivalent VOC emission rate
limits based on the use of a combination of low-VOC coatings, specified
application methods, and add-on controls; or (3) an overall VOC control
efficiency of 90 percent for facilities that choose to use add-on
controls instead of low-VOC Content coatings and specified application
methods. In addition, the EPA recommended work practices to further
reduce VOC emissions from coatings as well as to minimize emissions
from cleaning materials used in miscellaneous metal product and plastic
part surface coating processes.
New Jersey adopted new rules at N.J.A.C. 7:27-16.15, based on the
EPA CTG, which specify an applicability limit of 2.7 tons of actual VOC
emissions during any consecutive 12-month period from all miscellaneous
metal and plastic part coating operations, including related cleaning
activities. Compliance can be achieved by either meeting the maximum
allowable VOC content, achieving a minimum 90 percent overall control
efficiency, or meeting a minimum overall control efficiency which is
based upon the characteristics of the coating. Exemptions include
surface coating
[[Page 36821]]
operations that exclusively use powder coating and metal parts coatings
which must comply with a military specification that has been
formulated to meet a higher, less stringent VOC content. Applicable
facilities must implement best management practices, which include
keeping cleaning materials in closed containers when not in use.
Recordkeeping must be maintained which demonstrates compliance. The EPA
proposes to find that New Jersey's adopted MMPPC rules are as effective
in regulating the source category as the EPA's CTG document.\7\
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\7\ New Jersey's rule includes a partial exemption for military
specification coatings from the new VOC limits for metal parts and
products, at N.J.A.C. 7:27-16.15(c)(1). N.J.A.C. 7:27-
16.15(c)(3)(vii) exempts any military specification coating that has
been formulated to meet a higher, less stringent VOC content limit.
Additional exceptions include less stringent VOC content limits for
extreme high gloss topcoat (craft) and other substrate antifoulant
coating than those recommended in the MMPPC CTG. This departure from
the MMPPC CTG recommendation is based on EPA guidance memo ``Control
Technique Guidelines for Miscellaneous Metal and Plastic Part
Coatings--Industry Request for Reconsideration''.
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Fiberglass Boat Manufacturing Materials (FBMM)
The EPA issued a CTG in 2008 that provides control recommendations
for reducing VOC emissions from the use of gel coats, resins, and
materials used to clean application equipment in fiberglass boat
manufacturing operations. The CTG recommends the use of low-VOC content
(monomer and non-monomer VOC) resin and gel coats with specified
application methods. The CTG recommends the use of covers on mixing
containers to further reduce VOC emissions from gel coats and resins.
The CTG also recommends the use of low-VOC and low vapor pressure
cleaning materials. Because the CTG recommendations are based on the
2001 National Emission Standards for Hazardous Air Pollutants (NESHAP)
for boat manufacturing, those facilities that are major sources of HAP
are already complying with the 2001 NESHAP and have already adopted
these control measures. Because the 2001 NESHAP does not apply to area
sources, area source fiberglass boat manufacturing facilities are not
currently required to implement the measures provided in the NESHAP and
recommended in the CTG. There are boat manufacturing facilities in
ozone nonattainment areas that meet the applicability threshold in the
CTG and would provide VOC emission reductions when the CTG recommended
controls are applied. These control approaches are recommended for all
fiberglass boat manufacturing facilities where total actual VOC
emissions from all fiberglass boat manufacturing operations are equal
to or exceed 15 pounds per day.
New Jersey adopted new rules at N.J.A.C. 7:27-16.14, based on the
EPA CTG, which establish an applicability limit of actual VOC
emissions, before add-on control, of 15 pounds per day from all
fiberglass boat manufacturing operations. Exemptions include production
of vessels that must meet military specifications and production of
parts of boats that do not involve the manufacture of fiberglass.
Compliance can be achieved by meeting a maximum monomer VOC content
standard, meeting a maximum monomer VOC mass emission rate, or
installation of a VOC control apparatus. Recordkeeping must be
maintained which demonstrates compliance. The EPA proposes to find that
New Jersey's adopted FBMM rules are as effective in regulating the
source category as the EPA's CTG document.
New Jersey's Control and Prohibition of Air Pollution by Oxides of
Nitrogen (Subchapter 19)
New Jersey's December 14, 2017 submittal, which included amendments
to N.J.C.A. 7:27, Subchapter 19, establishes more stringent limits on
NOX emissions from existing simple cycle combustion turbines
combusting natural gas and compressing gaseous fuel at major
NOX facilities and stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities. The EPA proposes to find that the NOx
emission limits adopted by New Jersey and set forth in their December
14, 2017 submittal are as effective in regulating the source categories
as the EPA's recommendations and guidance.
Stationary Natural Gas Compressor Turbines and Reciprocating Engines
In New Jersey's December 14, 2017 submittal, New Jersey adopted
amendments to its rules for stationary gas turbines and engines. New
Jersey amended N.J.A.C. 7:27-19.5 by adopting new standards for
NOX emissions from existing simple cycle combustion turbines
combusting natural gas and compressing gaseous fuel at major
NOX facilities (compressor turbines). The standard provides,
at 7:27-19.5(l) that, beginning November 6, 2019, any simple cycle
combustion turbine combustion natural gas and compressing gaseous fuel
at a major NOX facility shall not emit more than 42 ppm by
volume, dry basis (ppmvd), of NOX corrected to 15 percent
oxygen. NJDEP amended N.J.A.C. 7:27-19.8 by adopting new standards for
NOX emissions from stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities (compressor engines). The standard provides,
at 7:27-19.8 (g), that beginning November 6, 2019, the owner or
operator of a two-stroke lean burn engine capable of producing an
output of 200 brake horsepower (bhp) or more but less than 500 bhp,
combusting natural gas, and compressing gaseous fuel at a major
NOX facility shall cause it to emit no more than 3.0 grams
NOX/brake horsepower-hour (bhp-hr). The standard also
provides, at 7:27-19.8 (h), that beginning November 6, 2019, the owner
or operator of a four-stroke lean burn engine or four-stroke rich burn
engine capable of producing an output of 200 bhp or more but less than
500 bhp, combusting natural gas, and compressing gaseous fuel at a
major NOX facility shall cause it to emit no more than 2.0
grams NOX/bhp-hr.
The EPA proposes to find that the adopted rules are consistent with
EPA guidance and address NOX RACT requirements by
establishing new limits on NOX emissions from existing
simple cycle combustion turbines combusting natural gas and compressing
gaseous fuel at major NOX facilities and stationary
reciprocating engines combusting natural gas and compressing gaseous
fuel at major NOX facilities.
Nitrogen Oxide (NOX) Reasonably Available Control Technology
(RACT) and Volatile Organic Compounds (VOC) RACT Certification
In New Jersey's January 2, 2018 submittal, the State certified that
they have addressed RACT requirements for the 2008 75 ppb 8-hour ozone
NAAQS supported by their June 11, 2015 and December 14, 2017
submittals. EPA proposes to find that New Jersey has demonstrated that
it has met the NOX RACT and VOC RACT requirements. In some
instances, New Jersey has gone beyond RACT by adopting control measures
more stringent than the Federal rules and CTGs.
New Jersey's VOC RACT rules cover source categories such as VOC
stationary storage tanks, gasoline transfer operations, VOC transfer
operations other than gasoline, marine tank vessel loading and
ballasting operations, open tanks and solvent cleaning operations,
surface coating and graphic arts operations, boilers, stationary
combustion turbines, stationary reciprocating engines, asphalt pavement
production plants, surface coating operations at mobile equipment
repair and finishing facilities, flares, other source operations, leak
detection and repair, application of cutback and emulsified asphalts,
petroleum solvent
[[Page 36822]]
dry cleaning operations, natural gas pipelines, and their
NOX RACT cover source categories such as boilers serving
electric generating units, stationary combustion turbines, industrial/
commercial/institutional boilers and other indirect heat exchangers,
stationary reciprocating engines, asphalt pavement production plants,
glass manufacturing furnaces, emergency generators, municipal solid
waste (MSW) incinerators and sewage sludge incinerators. These RACT
controls that have been promulgated in N.J.A.C. 7:27, have been
approved by the EPA as part of New Jersey's SIP most recently on August
3, 2010 \8\ and December 22, 2010.\9\
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\8\ 75 FR 45483.
\9\ 75 FR 80340.
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Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program
Certification
In New Jersey's January 2, 2018 submission, the State certifies
that its state-wide rules at N.J.A.C. 7:27-14 and 15, N.J.A.C. 7:27B-4
and B-5 and the Motor Vehicle Commission (MVC) rules at N.J.A.C. 13:20-
43, satisfy Federal requirements for an enhanced motor vehicle I/M
Program for the 2008 75 ppb 8-hour ozone NAAQS.
Four categories of vehicles are subject to the enhanced I/M
program: light-duty gasoline-fueled vehicles, heavy-duty gasoline-
fueled vehicles, light-duty diesel-powered vehicles and heavy-duty
diesel-powered vehicles. Within each category are commercial and non-
commercial vehicles.
EPA approved New Jersey's enhanced I/M program as meeting
applicable requirements of the CAA. 67 FR 2811. On April 3, 2009 and
September 9, 2016, New Jersey adopted amendments to its enhanced I/M
Program. The EPA approved these amendments into the SIP. 83 FR 21174
(May 9, 2018).
Emission Statement Program Certification
In New Jersey's January 2018 submittal, the State certifies that
its state-wide rules at N.J.A.C. 7:27-21 satisfy Federal requirements
for an emission statement program for the 2008 75 ppb 8-hour ozone
NAAQS. The EPA most recently approved a revision to Subchapter 21 into
the SIP on August 3, 2010.\10\
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\10\ 75 FR 45483.
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The EPA stated in the 2008 ozone implementation rule that if an
area has a previously approved emission statement rule in force for the
1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of
the nonattainment area for the 2008 ozone NAAQS, such rule should be
sufficient for purposes of the emissions statement requirement for the
2008 ozone NAAQS.
N.J.A.C. 7:27-21 requires the submission of annual emission
statements from major facilities. From these statements, the Department
develops reports of emissions of all criteria pollutants and submits
them to the EPA pursuant to the Federal Air Emission Reporting
Requirements (AERR) Rule for uploading to the EPA's National Emission
Inventory (NEI).
Federal Nonattainment New Source Review (NNSR) Program Certification
In New Jersey's January 2018 submission, the State certifies that
its existing state-wide NNSR rules codified at N.J.A.C. 7:27-18, which
regulate the New Jersey portions of the Northern NJ-NY-CT and Southern
NJ-PA-DE-MD Nonattainment Areas for the 2008 75 ppb 8-hour ozone NAAQS
are at least as stringent as the Federal requirements at 40 CFR 51.165
for ozone and its precursors. See 80 FR 12264 (March 6, 2015). The EPA
most recently approved a revision to Subchapter 18 into the SIP on July
25, 1996.\11\ New Jersey's demonstration that its NNSR rules comply
with the ozone specific Federal provisions is provided in Table 8-2 of
its submission.
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\11\ 61 FR 38591.
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IV. What is the EPA's evaluation of New Jersey's SIP submittals?
New Jersey submitted a state-wide RACT assessment on June 11, 2015.
The RACT submission from New Jersey consists of: (1) A certification
that previously adopted RACT controls in New Jersey's SIP for various
source categories that were approved by the EPA under the 1-hour and
the 1997 8-hour ozone standards are based on the currently available
technically and economically feasible controls and that they continue
to represent RACT for the 2008 8-hour ozone standard for implementation
purposes; (2) New Jersey's 14 existing case-by-case source specific
limits, approved by the EPA for the 1997 8-hour ozone standard, which
New Jersey indicates continue to meet RACT for the 2008 8-hour ozone
standard; (3) a negative declaration that for certain CTGs and/or ACTs
there are no sources within New Jersey or that there are no sources
within New Jersey above the applicability threshold; and (4) a
commitment to revise and adopt, and submit as a SIP revision, a new or
more stringent regulation(s), incorporating four CTGs, if determined to
be more effective than current New Jersey requirements, and to consider
further limiting NOX emissions from natural gas compressor
engines and turbines. New Jersey's December 14, 2017 submittal
addresses the commitment for the four CTGs and two ACTs. New Jersey's
January 8, 2018 SIP revision submittal certified, among other things,
that the State's NOX RACT, VOC RACT, enhanced I/M program,
emission statement program and ozone specific provisions NNSR program
satisfy Federal regulations and are at least as stringent as the
Federal requirements.
The EPA has reviewed New Jersey's RACT analysis including the
state-wide RACT analysis submitted on June 11, 2015, the December 14,
2017 revisions and the January 2, 2018 certification that the State has
adopted all applicable NOX RACT and VOC RACT. EPA proposes
to find that these submissions fully address the OTR RACT requirements,
the moderate RACT requirements for the NYMA and address the RACT
requirements consistent with sections 172(c)(1), 182(b)(2) and 182(f)
of the CAA, as interpreted by the EPA's regulations, guidance and
policies. Also, the EPA has reviewed portions of New Jersey's January
2, 2018 SIP submittal that certify the State has satisfied the
requirements for an enhanced motor vehicle I/M program, an emission
statement program and an ozone specific provisions NNSR program, and
the EPA is proposing to approve the State's certifications.
V. What action is the EPA proposing?
The EPA has evaluated the information provided by New Jersey and is
proposing to approve New Jersey's state-wide RACT submittal dated June
11, 2015 and the State's December 14, 2017 SIP revision rule, which
include a declaration that the following source-specific categories
either do not exist in this State, or fall below significant emission
unit applicability thresholds in the CTGs: (1) Manufacture of Vegetable
Oils; (2) Manufacture of Pneumatic Rubber Tires; (3) Aerospace
Coatings; (4) Shipbuilding and Ship Repair Operations; (5) Metal
Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly
Coatings. The submittals also include amendments to N.J.A.C. 7:27,
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air
Pollution by Oxides of
[[Page 36823]]
Nitrogen,'' \12\ for purposes of satisfying the 2008 8-hour ozone
standard RACT requirements, NOX RACT for major sources, Non-
CTG VOC RACT for major sources, all VOC CTG RACT sources and relevant
OTR RACT requirements. The EPA is also proposing to approve portions of
New Jersey's January 2, 2018 SIP revision that certifies the State has
satisfied the requirements for an enhanced motor vehicle I/M program,
an emission statement program, an ozone specific provisions NNSR
program. As indicated in footnote 5, above, the EPA will address the
remainder of the January 2, 2018 SIP submittal in a separate
rulemaking.
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\12\ State Effective dates for both rules is November 6, 2017
(49 N.J.R. 3518).
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The EPA is soliciting public comments on the issues discussed in
this proposal. These comments will be considered before the EPA takes
final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments as discussed in the
ADDRESSES section of this rulemaking.
VI. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference of revisions to Title 7, Chapter 27: Subchapters 16 and 19 of
the New Jersey Administrative Code that implements New Jersey's RACT
regulations for VOCs and NOX, as described in section III of
this preamble.
The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
VII. 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 382, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempt 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 (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 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 rulemaking action, pertaining to New
Jersey's 2008 8-hour ozone RACT submission the is not approved to apply
on any Indian reservation land or in any other area where EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-16378 Filed 7-30-18; 8:45 am]
BILLING CODE 6560-50-P