[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23695]


[[Page Unknown]]

[Federal Register: September 27, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 128, NJ-13-1-6104a; FRL-5051-3]

 

Approval and Promulgation of Implementation Plans; New Jersey 
Ozone State Implementation Plan Revision

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the New Jersey State Implementation Plan for ozone related 
to development of reasonably available control technologies for all 
source categories of volatile organic compounds for which EPA has 
issued a control techniques guideline document. This revision has been 
submitted in response to requirements to control ozone established in 
the Clean Air Act. New Jersey's submittals contained additional 
revisions, which EPA will be acting on in separate Federal Register 
actions.

DATES: This final rule is effective on November 28, 1994 unless adverse 
or critical comments are received by October 27, 1994. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: All comments should be addressed to: William J. Muszynski, 
Deputy Regional Administrator, Environmental Protection Agency, Region 
II Office, 26 Federal Plaza, New York, New York 10278.
    Copies of the State submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Library, 26 Federal 
Plaza, room 402, New York, New York 10278.
New Jersey Department of Environmental Protection, Bureau of Air 
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 
08625.

FOR FURTHER INFORMATION CONTACT: Raymond Werner, Chief, State 
Implementation Plan Section, Air Programs Branch, Environmental 
Protection Agency, 26 Federal Plaza, room 1034A, New York, New York 
10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

Background

    The Clean Air Act (Act) sets forth a number of requirements that 
states with areas designated as nonattainment for ozone had to satisfy 
by November 15, 1992.
    New Jersey must address a number of requirements of the Act 
including the requirements:

 To adopt Reasonably Available Control Techniques (RACT) 
regulations for all source types for which the Environmental 
Protection Agency (EPA) has developed Control Techniques Guidelines 
(CTGs);
 To adopt RACT regulations for all other major sources of 
volatile organic compounds (VOCs);
 To adopt RACT regulations for all major sources of oxides 
of nitrogen (NOx);
 To develop and adopt an enhanced inspection and maintenance 
program;
 To develop and adopt measures to offset emission increases 
due to increases in vehicle miles travelled (VMT) or in the number 
of vehicle trips;
 To adopt an emission statement program;
 To revise its new source review program to meet the new 
requirements of the Act;
 To develop and adopt an Employer Trip Reduction program;
 To develop an emission inventory; and
 To develop and adopt a small business assistance program.

    These measures are intended to reduce emissions of VOCs and NOx. 
VOCs and NOx are precursors of ozone in the lower atmosphere, which is 
a primary component of smog. A more detailed summary of these 
requirements, including the relevant statutory provisions can be found 
in the General Preamble to title I of the Act (57 FR 13498, April 16, 
1992).
    The specific requirements that New Jersey must meet vary by area, 
depending upon the severity of the ozone problem. Eighteen of the 
twenty one counties in New Jersey are designated as severe 
nonattainment for ozone. Of the remaining three counties, Atlantic and 
Cape May Counties are designated as moderate nonattainment for ozone 
and Warren County is designated as marginal nonattainment for ozone. In 
addition, section 184(a) of the Act recognizes that ozone is a regional 
problem by designating all of New Jersey as part of an ozone transport 
region. Since most of New Jersey is designated as severe nonattainment 
for ozone, and all of New Jersey is part of an ozone transport region, 
New Jersey has chosen to implement statewide all of the control 
requirements that are addressed in this action.

State Submittal

    On November 15, 1992, New Jersey submitted to EPA a request to 
revise its SIP for ozone. This submittal had undergone public hearings 
on October 27, October 29 and November 5, 1992. While New Jersey did 
address additional requirements in its November 15, 1992 submittal, the 
only requirement that EPA is addressing in this action is the 
requirement to adopt RACT regulations for all source types for which 
EPA has developed CTGs. EPA will take action on the other submittals 
that New Jersey made in other Federal Register actions.
    Section 110(k) of the Clean Air Act requires EPA to determine if a 
state's SIP submittal is complete within sixty days of submittal but 
not later than six months later than that date. If EPA does not notify 
a state of the completeness of a submittal within six months of receipt 
it is automatically deemed complete. The criteria that EPA uses to 
determine completeness are set forth in 40 CFR part 51, appendix V. On 
April 20, 1993, EPA sent New Jersey a letter informing it that its 
November 15, 1992 submittal was not complete because it did not contain 
a compilation of the public comments and the State's responses to those 
comments. On May 14, 1993, New Jersey submitted a compilation of public 
comments and the State's responses to these comments. These public 
comments did not result in any substantive changes to New Jersey's 
submittal. Most of the comments involved portions of the SIP which New 
Jersey is still developing and will be better addressed as part of 
those SIP submittals. On June 10, 1993, EPA wrote to New Jersey and 
informed them that EPA had reviewed its May 14, 1993 submittal and was 
finding New Jersey's submittal complete insofar as it contained adopted 
RACT regulations for all source types for which EPA has developed CTGs. 
The following summarizes EPA's evaluation of New Jersey's submittal.
    The Act sets forth two separate provisions requiring states to 
promulgate VOC RACT rules in ozone nonattainment areas. RACT is defined 
as the lowest emission that a particular source is capable of meeting 
with the application of control technology that is reasonably available 
considering technological and economic feasibility.
    The first provision, referred to as RACT fix-up, requires the 
correction of RACT rules for which EPA identified deficiencies before 
the Act was amended in 1990. Under the pre-amended Clean Air Act, ozone 
nonattainment areas were required to adopt RACT rules for sources of 
VOC emissions. EPA issued three sets of CTG documents, establishing a 
``presumptive norm'' for RACT for various categories of VOC sources. 
The three sets of CTGs were (1) Group I--issued before January 1978 (15 
CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued 
in the early 1980's (5 CTGs). Those sources not covered by a CTG were 
called non-CTG sources. Under section 172(a)(1), ozone nonattainment 
areas were generally required to attain the ozone standard by December 
31, 1982. Those areas that submitted an attainment demonstration 
projecting attainment by that date were required to adopt RACT for 
sources covered by the Group I and II CTGs. Areas, such as New Jersey, 
that sought an extension of the attainment date under section 172(a)(2) 
to as late as December 31, 1987 were required to adopt RACT for all CTG 
sources and for all major (i.e., 100 ton per year or more of VOC 
emissions) non-CTG sources.
    In the mid and late 1980's, EPA issued SIP Calls, notifying 
numerous states that they contained nonattainment areas that had failed 
to attain the ozone standard. In the SIP Calls, EPA required states to 
correct deficiencies in their existing RACT rules and to adopt rules 
that were required but not yet adopted. Under the amended Act, section 
182(a)(2)(A) requires states to correct these RACT rules by May 15, 
1991. New Jersey submitted its RACT fix-up rules to EPA on March 13, 
1992, which EPA approved on April 15, 1994 (59 FR 17933). Thus New 
Jersey has met the RACT fix up requirement and no further action needs 
to be taken with respect to this requirement in today's action.
    The second provision, set forth in section 182(b)(2) applies to 
moderate (and above) ozone nonattainment areas. The goal of this 
provision is to ensure that areas, that were not required previously to 
adopt RACT for some or all of the CTGs or for major stationary sources 
not covered by a CTG, adopt rules and ``catch-up'' to those areas 
previously subject to more stringent RACT requirements. In addition, 
the RACT catch-up provision requires those areas for which the major 
source definition has been lowered to adopt RACT for those sources now 
covered by the more stringent major stationary source definition. 
Section 182(b)(2) sets forth three requirements for the purpose of 
achieving those goals. First 182(b)(2) requires states to adopt RACT 
for sources subject to pre-enactment CTGs. Next, this provision 
requires states to adopt RACT for all sources subject to any new CTGs 
issued after enactment of the Amendments. Finally, section 182(b)(2) 
requires RACT for all major stationary sources not subject to a CTG. 
Section 182(b)(2) requires these rules to be submitted to EPA by 
November 15, 1992. Moreover, under section 185, all areas in the Ozone 
Transport Region, which includes all of New Jersey are subject to this 
requirement.
    New Jersey has met the RACT requirement as it applies to sources 
for which there was a pre-enactment CTG. New Jersey has adopted rules 
for all but three of the pre-enactment CTGs and incorporated them into 
Subchapter 16, ``Control and Prohibition of Air Pollutants by Volatile 
Organic Compounds.'' The three CTG source categories for which New 
Jersey has not incorporated specific control requirements into 
Subchapter 16 are: rubber tire manufacturing; high density 
polyethylene, polypropylene and polystyrene resin manufacturing and air 
oxidation processes in synthetic organic chemical manufacturing 
industry facilities. In its 1982 SIP for the Attainment and Maintenance 
of the Ozone and Carbon Monoxide National Ambient Air Quality 
Standards, New Jersey declared that it had no rubber tire manufacturing 
facilities. EPA approved this declaration on November 9, 1983. New 
Jersey reaffirmed this declaration in its November 15, 1992 submittal. 
New Jersey submitted on March 31, 1987, and supplemented on May 4, 
1991, an equivalency demonstration which showed that high density 
polyethylene, polypropylene and polystyrene resin processes would be 
regulated under general provisions contained in both Subchapter 8 and 
Subchapter 16. An equivalency demonstration must show that the state 
rules applicable to the source category result in emissions within five 
percent of the emissions that would result from the control 
requirements recommended by the CTG. EPA approved this demonstration on 
October 9, 1991. On November 21, 1989, New Jersey submitted an 
equivalency demonstration showing that air oxidation processes at 
synthetic organic chemical manufacturing industry facilities would be 
regulated under general provisions contained in both Subchapter 8 and 
Subchapter 16. This submittal was supplemented on May 10, 1991. EPA 
approved this demonstration on September 24, 1991. EPA is approving New 
Jersey's reaffirmation that there are no rubber tire manufacturing 
sources in New Jersey. As a result of EPA's approval of New Jersey's 
negative declaration and of New Jersey's equivalency demonstrations, 
EPA finds that New Jersey has fully approved rules for all pre-
enactment CTGs.
    As to the requirement for adopting RACT for sources subject to a 
post-enactment CTG, New Jersey has followed the process set forth by 
EPA in its CTG document issued as appendix B to the General Preamble. 
In appendix B, EPA provided that states could delay submission of non-
CTG rules for those sources the state anticipates will be covered by 
one of EPA's 11 proposed post-enactment CTGs. Section 183(a) requires 
EPA to issue these 11 CTGs by November 15, 1993. Pursuant to the 
procedure established in appendix B, New Jersey is required to adopt 
regulations in accordance with a CTG issued by November 15, 1993, in 
accordance with the schedule set forth by EPA. In the alternative, for 
source categories for which a CTG is not issued by that date, the State 
will adopt RACT for those source categories by November 15, 1994. 
Appendix B also requires states to submit a list of sources that it 
anticipates will be covered by such a CTG. As part of its November 15, 
1992 submittal, New Jersey submitted a list of sources that it 
anticipates will be covered by such a CTG. New Jersey also indicated 
that it intends to adopt RACT regulations for all of those sources by 
the required date.
    On November 15, 1993, EPA published a CTG for reactor processes and 
distillation operations in the synthetic organic chemical manufacturing 
industry. On March 23, 1994, in 56 FR 13717, EPA published an addendum 
to that CTG. In that addendum EPA explained that states are required to 
adopt RACT rules for this CTG category by March 23, 1995 and that 
sources must be in compliance with these rules no later than November 
15, 1996. EPA did not publish any additional CTGs by the November 15, 
1993 deadline. Therefore, in order to meet the appendix B requirement, 
New Jersey must adopt RACT rules for reactor processes and distillation 
operations in the synthetic organic chemical manufacturing industry by 
March 23, 1995. In addition, New Jersey must adopt RACT rules for all 
major sources which would be subject to other post-enactment CTG 
categories by November 15, 1994.
    Finally, New Jersey was required to submit by November 15, 1992, 
non-CTG RACT rules for all major sources not covered by a pre-enactment 
CTG and not anticipated to be covered by a post-enactment CTG. New 
Jersey failed to submit such regulations on the required date and on 
January 15, 1993, EPA notified the Governor of New Jersey that it was 
starting the 18-month sanction process required by section 179(a) of 
the Act. On November 15, 1993, New Jersey made submittals intending to 
meet this requirement. EPA determined that this submittal was complete 
on December 29, 1993. This determination stopped the sanction process. 
EPA will be taking action on this state submittal in a separate Federal 
Register action.

Summary

    In this rulemaking, EPA is approving New Jersey's reaffirmation 
that there are no major sources of rubber tire manufacturing in New 
Jersey. In addition EPA finds that this reaffirmation along with New 
Jersey's previously approved regulations and demonstrations fulfills 
the section 182(b)(2) RACT catch-up requirements to adopt RACT 
requirements for all sources for which EPA issued a CTG before the 1990 
amendments to the Act.

    Nothing in this rule should be construed as permitting or allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. Thus, this direct final action 
will be effective November 28, 1994 unless, by October 27, 1994, 
adverse or critical comments are received.

    If the EPA receives such comments, this rule will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this rule should 
do so at this time. If no adverse comments are received, the public is 
advised that this rule will be effective November 28, 1994. (See 47 FR 
27073 and 59 FR 24059).

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moveover, due to the nature of the Federal-state relationship 
under the Clean Air Act, preparation of a regulatory flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v 
USEPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    This rule has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Under section 307(b)(l) of the Act, petitions for judicial review 
of this rule must be filed in the United States Court of Appeals for 
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to 
enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 26, 1994.
William J. Muszynski, P.E.,
Deputy Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart FF--New Jersey

    2. Section 52.1582 is amended by adding new paragraph (c) to read 
as follows:


Sec. 52.1582  Control strategy and regulations: Ozone (volatile organic 
substances) and carbon monoxide.

* * * * *
    (c) The November 15, 1993 SIP revision submitted by the New Jersey 
Department of Environmental Protection and Energy demonstrates the 
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to 
adopt RACT regulations for all sources for which EPA has issued a CTG 
before enactment of the 1990 Clean Air Act.
[FR Doc. 94-23695 Filed 9-26-94; 8:45 am]
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