[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55949-55954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27924]
[[Page 55949]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ32-183a, FRL-6174-5]
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: Direct final rule.
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SUMMARY: The EPA is announcing approval of four (4) revisions to the
State Implementation Plan (SIP) for ozone submitted by the State of New
Jersey. These revisions consist of fifteen (15) source-specific
reasonably available control technology (RACT) determinations for
controlling oxides of nitrogen (NOX) from various sources in
New Jersey. This direct final rule approves the source-specific RACT
determinations that were made by New Jersey in accordance with
provisions of its regulation. This action is being taken in accordance
with section 110 of the Clean Air Act (the Act).
DATES: This direct final rule is effective on December 21, 1998 without
further notice, unless EPA receives adverse comment by November 19,
1998. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: All written comments should be addressed to: Ronald
Borsellino, Chief, Air Programs Branch, Environmental Protection
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866.
Copies of the State submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866
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
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, S.W., Washington,
D.C. 20460
FOR FURTHER INFORMATION CONTACT: Ted Gardella or Richard Ruvo, Air
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
A. Background
The air quality planning requirements for the reduction of
NOX emissions through RACT are set out in section 182(f) of
the Act. The EPA described section 182(f) requirements in a Notice
entitled ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990 Implementation
of Title I; Proposed Rule,'' (NOX Supplement) which was
published on November 25, 1992 (57 FR 55620). For detailed information
on the NOX requirements, refer to the NOX
Supplement and to additional NOX guidance memoranda released
subsequent to the NOX Supplement.
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).
Section 182 of the Act provides requirements for nonattainment
areas classified as marginal and above. Within ozone nonattainment
areas classified moderate or above and areas within an ozone transport
region, section 182(f) of the Act requires that states apply the same
requirements to major stationary sources of NOX (``major''
as defined in section 302 and section 182 (c), (d), and (e)) as are
applied to major stationary sources of volatile organic compounds
(VOCs). For more information on what constitutes a major source, see
section 2 of the NOX Supplement to the General Preamble.
Section 182(b)(2) of the Act requires submissions, by November 15,
1992, of SIP revisions which provide for implementation of RACT as
expeditiously as practicable but no later than May 31, 1995, where for
a source category EPA has issued a control technique document (CTG)
before November 15, 1990, or for all major stationary sources that the
Agency has not issued a CTG. For sources covered by a CTG between
November 15, 1990 and the date of attainment, section 182(b)(2)
requires SIP revisions within the period set forth by the Administrator
in issuing the CTG document.
EPA did not issue any CTGs for major stationary sources of
NOX either before or after November 15, 1990. Therefore,
section 182(b)(2) of the Act requires submission, by November 15, 1992,
of all SIP revisions which provide for implementation of RACT on major
stationary sources of NOX for all ozone nonattainment areas
classified moderate or above and for all ozone transport regions. New
Jersey, which is within the Northeast ozone transport region
established by section 184(a) of the Act, is required to adopt and
implement RACT on major stationary sources. Sections 182(f) and 184(b)
of the Act require the application of NOX RACT requirements
Statewide.
B. New Jersey's NOX RACT Regulation
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 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 October 2,
1995, the EPA proposed full approval (60 FR 51379). On January 27,
1997, the EPA final 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 September 26, 1996, the EPA found these amendments
administratively and technically complete. EPA expects to publish, in
the near future, a proposed action on the June 1996 submittal.
C. Section 19.13--Facility Specific NOX Emission Limits
Section 19.3 of New Jersey's regulation establishes a procedure for
a case-by-case determination of what represents RACT for a particular
facility item, equipment or source operation. This procedure is
applicable in two situations: (1) Except for non-utility boilers, if
the major 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.
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/
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operators must include a technical and economic feasibility analysis of
the possible alternative control measures. RACT determinations for an
alternative maximum allowable emission rate must consider control
technologies (e.g., low NOX burners) and alternative control
strategies (e.g., emissions averaging, seasonal fuel switching to
natural gas, and repowering). 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.
D. Section 19.21--Phased Compliance Through Repowering
Section 19.21 of New Jersey's regulation allows attainment of
compliance through repowering. Under subchapter 19, repowering is
defined as the permanent cessation of steam generator operations
replaced by either the installation of a new combustion source or the
purchase of heat or power from a new combustion source located in New
Jersey.
Section 19.21 requires that a source owner who requests compliance
through repowering: (1) Enter into an enforceable commitment with the
State to repower, (2) submit an analysis that defines RACT for the
interim period between May 31, 1995 and the date the unit will be
repowered, (3) specify a date, which can be no later than May 31, 1999,
by which the unit will be repowered, (4) include appropriate milestones
for the repowering project, (5) meet applicable SIP and Federal
requirements upon the repower date, and (6) ensure that the repowering
commitment is federally enforceable.
Section 19.21 also requires that a source establish emission limits
using advanced control techniques and commit to meet these limits once
the source is repowered. The maximum allowable NOX emissions
rate, expressed in pounds per million BTUs (lbs/MM BTU), for repowered
utility boilers ranges from 0.1 to 0.2 depending upon the type of
boiler and the type of fuel. Section 19.21 allows repowering of all
combustion sources and replaces section 19.14(c) which allowed
repowering only for utility boilers.
E. Procedural History of Submittals
Prior to adoption of the fifteen source-specific RACT revisions
discussed in this Notice, New Jersey published proposed limitations for
each source specific RACT determination in local newspapers and
provided thirty (30) days for public comment and an opportunity to
request a public hearing. New Jersey reviewed and responded to all
comments. The State then determined that the proposed NOX
control plans, alternative maximum allowable emission rates and
repowering plan conform with the provisions of sections 19.13 or 19.21
of New Jersey's regulation. These RACT determinations were made during
1994, 1995, 1996 and 1997.
After New Jersey made each determination it issued letters of
approval to each owner. These letters included and incorporated either
an attached conditions of approval document (COAD) or, in one case, an
attached facility wide permit (FWP). Each COAD or FWP contains
conditions consistent with subchapter 19. These conditions are
considered approved permit conditions which are fully enforceable by
the State. Each COAD and FWP is identified in the ``Incorporation by
reference'' section at the end of this document.
New Jersey submitted the fifteen source-specific SIP revisions to
EPA on June 18, 1996, July 10, 1996, December 17, 1996, and May 2,
1997.
F. EPA Analysis of State Submittals
After reviewing the submittals, EPA found them all administratively
and technically complete. For each source discussed in this document,
EPA determined that the New Jersey letter of approval identifies
NOX requirements which represent RACT for the source. The
conditions contained in the COADs and FWP include, for example,
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. 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. Therefore, EPA is approving New Jersey's fifteen source-
specific SIP revision submittals dated June 18, 1996, July 10, 1996,
December 17, 1996 and May 2, 1997.
EPA's evaluation of each RACT submittal is detailed in a document
dated June 8, 1998, entitled ``Technical Support Document--
NOX RACT Source-Specific SIP Revisions-State of New
Jersey.'' A copy of that document is available, upon request, from the
EPA Regional Office listed in the ADDRESSES section of this document.
This document includes a summary of each RACT submittal. These
summaries are organized into three groups as follows: I. ``Facility-
Specific NOX Emission Limits''--nine major NOX
facilities that contain a source operation or item of equipment for
which New Jersey has not established an emission limit pursuant to
subchapter 19; II. ``Alternative NOX Emission Limits''--five
major NOX facilities that contain a source operation or item
of equipment of a category listed in section 19.2 for which an owner or
operator seeks approval of a RACT emission limit that is different from
the one established in subchapter 19; III. ``Phased Compliance Through
Repowering''--one major NOX facility where an owner or
operator seeks approval of a plan pursuant to section 19.21 for phased
compliance through repowering of a specific source.
This document takes action only on the permitted emission rates and
conditions of approval related to emissions of NOX; action
is not being taken on any other pollutants which may be permitted by
New Jersey with regard to these sources.
I. Facility-Specific NOX Emission Limits
A summary of EPA's analysis of each source granted a facility
specific NOX emission limit by New Jersey is as follows.
1. The Geon Company
The Geon Company manufactures polyvinyl chloride resin and operates
two direct-fired dryers at its facility in Pedricktown, Salem County.
The facility's RACT analysis concluded, and New Jersey agreed, that
RACT requirements for the facility's dryers are as follows: (1) Combust
only natural gas from May 1 through September 30 unless natural gas
becomes unavailable, (2) combust only natural gas as the primary fuel
and propane as the emergency back up fuel, (3) limit annual propane
fuel combustion to ninety days, and (4) a NOX emission limit
of 11.95 tons per year (TPY) for dryer DR-1H and 13.94 TPY for dryer
DR-2P.
2. The PQ Corporation/Industrial Chemicals
The PQ Corporation/Industrial Chemicals operates a Sodium Silicate
Furnace at its facility located in Avenel, Middlesex County. The
facility's RACT analysis concluded, and New Jersey agreed, that RACT
requirements for the facility's furnace are as follows: (1) Weekly
burner tuneups, (2) control daily excess oxygen level to no more than
3%, (3) when burning oil, a NOX emission limit of 13.3
pounds per hour (lbs/hr) or the highest value obtained from a stack
test, whichever is lower, (4) when burning natural gas, a
NOX emission limit of 29.3 lbs/hr or the highest value
obtained from a stack test,
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whichever is lower, and (5) daily maximum capacity of 128 tons of
molten sodium silicate.
3. Air Products and Chemicals, Inc.
Air Products and Chemicals, Inc., owns and operates a hazardous
waste incinerator at its facility in Paulsboro, Gloucester County. The
incinerator processes liquid wastes generated on-site and also serves
as an afterburner for 46 on-site sources. The facility's RACT analysis
concluded, and New Jersey agreed, that RACT requirements for the
incinerator are as follows: (1) Implementation of good combustion
technology consisting of high intensity burners, steam injection, and
modern instrumentation to control excess air, and (2) a NOX
emission limit of 15.7
lbs/hr (68.8 TPY).
4. Stony Brook Regional Sewerage Authority
The Stony Brook Regional Sewerage Authority owns and operates two
multiple hearth type incinerators to burn sewage sludge from its
wastewater treatment plant located in Princeton, Mercer County. The
facility's RACT analysis concluded, and New Jersey agreed, that RACT
requirements for each incinerator are as follows: (1) Combust natural
gas as auxiliary fuel during the ozone season (May 1-September 15)
unless natural gas is unavailable, (2) combust No 2 oil when natural
gas is unavailable during the ozone season for a period not to exceed
48 hours during any calendar month, and (3) a NOX emission
limit of 22 lbs/hr for each incinerator.
After switching to natural gas, the facility was to conduct stack
tests and submit the results of those tests by a date no later than May
31, 1996. New Jersey may establish a lower facility NOX
emission limit after review of the stack test results.
5. Township of Wayne, Mountain View Water Pollution Control Facility
The Township of Wayne, Mountain View Water Pollution Control
Facility owns and operates two multiple hearth type sewage sludge
incinerators to burn sewage sludge from its wastewater treatment plant
located in Wayne, Passaic County. The facility's RACT analysis
concluded, and New Jersey agreed, that RACT requirements for the
incinerators are as follows: (1) Combust natural gas during the ozone
season, and (2) a NOX emission limit of 12.0 lbs/hr for each
incinerator. New Jersey may establish a lower facility NOX
emission limit after review of stack test results conducted after the
planned fuel switch to natural gas.
6. Atlantic States Cast Iron Pipe Company
The Atlantic States Cast Iron Pipe Company produces iron pipe from
scrap steel and operates an iron melting cupola and an annealing oven
in Phillipsburg, Warren County. The facility's NOX emissions
result from the combustion of coke in the iron melting cupola and the
combustion of natural gas in the annealing oven. For the cupola, the
facility's RACT analysis concluded, and New Jersey agreed, that RACT
requirements are as follows: (1) Continued use of low excess air and
oxygen enrichment technologies, (2) a NOX emission limit of
0.188 lbs/MM BTU, and (3) an annual operations limit of 3600 hours. For
the annealing oven, the facility's RACT analysis concluded, and New
Jersey agreed, that RACT requirements are as follows: (1) An annual
adjustment to the oven combustion process, (2) a NOX
emission limit of 0.15 lbs/MM BTU, and (3) an annual fuel consumption
limit of 271 million standard cubic feet (SCF) of natural gas.
7. Warren Energy Resource Company, L.P.
The Warren County Resource Recovery Facility is a municipal waste-
to-energy facility operated by Warren Energy in Oxford Township, Warren
County. The facility includes two independent combustion/steam
generation units nominally rated at 200 tons per day of solid waste
each. The facility's RACT analysis concluded, and New Jersey agreed,
that RACT requirements are as follows: (1) Use of staged combustion and
good combustion practices which are already standard operating
practices at the facility as a result of 1986 Best Available Control
Technology determination, (2) a NOX emission limit of 45
lbs/hr/unit, and (3) a concentration limit of 300 parts per million,
for any 3-hour block period.
8. Hercules Incorporated
Aqualon, a division of Hercules Incorporated, owns and operates a
nitrocellulose manufacturing facility in Parlin, Middlesex County.
NOX emissions originate from Nitric Acid Concentrators, a
Nitration System, and an Open Pit Burner. The facility's RACT analysis
concluded, and New Jersey agreed, that RACT requirements are as
follows: (1) Continued use of wet scrubbing control systems for the
Acid Concentrators and Nitration System and continued operational
procedures for the Open Pit Burner, and (2) NOX emission
limits for the Acid Concentrators, Nitration System and Open Pit Burner
of 23.48 TPY, 242 TPY and 76.5 TPY, respectively.
9. U.S. Department of Navy, Naval Air Warfare Center Aircraft Division
The United States Department of Navy operates the Naval Air Warfare
Center, Aircraft Division, in Trenton, Mercer County. The jet engine
test facility is a test, evaluation and research center for aircraft
propulsion systems and accessories. Ten test cells are at the facility
for evaluating engines of various size. The facility's RACT analysis
concluded, and New Jersey agreed, that there are no NOX
control technologies that are technically feasible for the aircraft
test engines and that the RACT requirement for each test cell is a
NOX emission limit between 2 and 300 TPY depending on the
size and type of engine tested. The facility was scheduled for
operational closure in September 1997.
II. Alternative NOX Emission Limits
A summary of EPA's analysis of each source granted an alternative
NOX emission limit by New Jersey is as follows.
10. Atlantic Electric Company--Deepwater Generating Company
Atlantic Electric Company operates Boiler No. 8, which is a coal-
fired, dry-bottom, face-fired utility boiler, at the Deepwater
Generating Station in Pennsville, Salem County. Subchapter 19 does not
address required limits during abnormal circumstances when this boiler
needs to cofire coal with either fuel oil or natural gas. The
facility's RACT analysis concluded, and New Jersey agreed, that RACT
requirements for Boiler No. 8 are as follows: (1) continued use of Low
NOX Burners (LNB) and Overfire Air to control NOX
emissions, (2) a NOX emission limit of 0.45 lbs/MM BTU
during cofiring of coal with either fuel oil or natural gas, and (3) an
annual operating limit of 1500 hours when cofiring.
11. U.S. Generating Company--Carney's Point Generating Plant
The U.S. Generating Company operates a cogeneration facility in
Carney's Point, Salem County. Included at the facility is a fuel oil
fired Auxiliary Boiler (package type water-tube boiler with economizer)
which is used to produce process steam when the main coal fired boilers
are out of service. The facility's RACT analysis concluded, and New
Jersey agreed, that RACT requirements for the Auxiliary Boiler are as
follows: (1) An annual adjustment
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to the combustion process, (2) continued use of LNB in combination with
Flue Gas Recirculation (FGR), (3) an alternative NOX
emission limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) an
annual operating limit of 77,000 MM BTU total heat input which is
equivalent to annual operation of 1000 hours at design rate.
12. U.S. Generating Company--Logan Generating Plant
The U.S. Generating Company operates a cogeneration facility in
Swedesboro, Gloucester County. Included at the facility is a fuel oil
fired Auxiliary Boiler (package type water-tube boiler with
economizer), which is used to produce process steam when the main coal
fired boiler is out of service. The facility's RACT analysis concluded,
and New Jersey agreed, that RACT requirements for the Auxiliary Boiler
are as follows: (1) an annual adjustment to the combustion process, (2)
continued use of LNB/FGR, (3) an alternative NOX emission
limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) annual operating
limit of 77,000 MM BTU total heat input which is equivalent to an
annual operation of 1000 hours at design rate.
13. Schering Corporation
The Schering Corporation owns and operates a heat recovery steam
generator (HRSG), equipped with a duct burner that fires natural gas,
at their U-7 cogeneration facility in Union, Union County. When
operating under emergency circumstances in a fresh air firing (FAF)
mode, the HRSG/duct burner cannot meet Subchapter 19's presumptive
NOX RACT limit. The facility's RACT analysis concluded, and
New Jersey agreed, that RACT requirements for this generator during the
FAF mode are as follows: (1) Annual combustion process adjustments, (2)
continued use of the LNB, and (3) an alternative NOX
emission limit of 0.183 lbs/MM BTU during natural gas combustion. The
State may establish a lower NOX emission limit after review
of the stack test results which are to be submitted to New Jersey by
May 31, 1996.
14. Jersey Central Power & Light Company (JCP&L)
JCP&L operates four (Units 4,5,6,7) combined cycle combustion
turbines (firing natural gas and No.2 fuel oil) with No.2 fuel oil
fired HRSG/duct burners at its Gilbert Generating Station in Holland
Township, Hunterdon County. The facility's RACT analysis concluded, and
New Jersey agreed, that RACT requirements are as follows: (1) Water
injection to each turbine, (2) annual adjustments to the combustion
process, (3) alternative NOX emission limits for each gas or
No. 2 oil fired turbine of 0.17 lbs/MM BTU and 0.26 lbs/MM BTU
respectively, (4) an annual maximum use of natural gas for each turbine
of 3.2 x 109 SCF; (5) an annual maximum use of No. 2 fuel
oil for each turbine of 2,867 x 103 gallons, (6) for each
gallon of No. 2 fuel oil used, a reduction in the annual natural gas
consumption of 217 scf is required, and (7) no fuel combustion in the
HRSG.
III. Phased Compliance Through Repowering
A summary of EPA's analysis of each source granted phased
compliance through repowering by New Jersey is as follows.
15. Elizabethtown Water Company (EWC)
EWC owns and operates two identical lean burn internal combustion
diesel engines, 1133 horsepower each, at its water treatment and
distribution facility, Raritan-Millstone plant, in Bridgewater,
Somerset County. The two engines are 30 years old and their remaining
useful life is limited, therefore EWC proposed to repower the engines
to comply with NOX RACT. The State's approved repowering
plan requires the following: (1) Replacing the engines with ones which
incorporate advances in the art of air pollution control, (2)
installing the replacement engines in accordance with the milestones
specified in a federally enforceable agreement, (3) completing the
repowering by June 1, 1998, and (4) after repowering, replacement units
are to meet all Federal, State, SIP, and New Source Review
requirements. The new engines will emit about 90% less NOX
than the engines they will replace.
The repowering plan further requires that, during the interim
period of May 1, 1995 and June 1, 1998, NOX RACT
requirements for each of the two existing diesel engines are as
follows: (1) Switch from diesel oil to No. 2 oil, (2) annually perform
combustion process adjustments, (3) operate the engines under retarded
timings, (4) limit emissions to 8.6 grams of NOX per
horsepower-hour, and (5) install continuous emission monitors and
recorders in accordance with section 19.18.
G. Final Action
The EPA is approving the permitted conditions described above as
RACT for the control of NOX emissions from the sources
identified in the fifteen source-specific SIP revisions.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve these same fifteen source-
specific SIP revisions. This final rule will be effective December 21,
1998 without further notice unless the Agency receive relevant adverse
comments by November 19, 1998.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 21, 1998 and no further action will
be taken on the proposed rule.
Administrative Requirements
Executive Order 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order (E.O.) 12866
entitled, ``Regulatory Planning and Review.'' The final rule is not
subject to E.O. 13045 entitled, ``Protection of Children from
Environmental Health Risks and Safety Risks,'' because it is not an
``economically significant'' action under E.O. 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this
[[Page 55953]]
action will not have a significant economic impact on a substantial
number of small entities. Moreover, due to the nature of the Federal-
State relationship under the Clean Air Act, preparation of 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.
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This federal action approves
pre-existing requirements under state or local law, and imposes no new
federal requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability.
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 21, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, representatives of Indian tribal governments
``to provide meaningful and timely input in the development of
regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: September 30, 1998.
William J. Muszynski,
Acting Regional Administrator, Region 2.
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 et seq.
Subpart FF--New Jersey
2. Section 52.1570 is amended by adding new paragraph (c)(64) to
read as follows:
52.1570 Identification of plan.
* * * * *
(c) * * *
(64) Revisions to the State Implementation Plan submitted by the
New Jersey Department of Environmental Protection on June 18, 1996,
July 10, 1996, December 17, 1996 and May 2, 1997.
(i) Incorporation by reference.
(A) Conditions of Approval Documents (COAD) or Facility Wide
Permit. The following facilities have been issued COADs or facility
wide permits by New Jersey:
(1) Geon Company's direct-fired dryers, Salem County, NJ facility
wide permit dated January 30, 1997. Incorporation by reference includes
only the pages with permit limits related to the dryers.
(2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace,
[[Page 55954]]
Middlesex County, NJ COAD approval dated December 2, 1994.
(3) Air Products and Chemicals' Hazardous Waste Incinerator,
Gloucester County, NJ COAD approval dated January 25, 1996.
(4) Stony Brook Regional Sewerage Authority's sewage sludge
incinerators, Mercer County, NJ COAD approval dated October 27, 1995
and modified on May 16, 1996.
(5) Township of Wayne, Mountain View Water Pollution Control
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval
dated September 20, 1996.
(6) Atlantic States Cast Iron Pipe Company's cupola and annealing
oven, Warren County, NJ COAD approval dated November 22, 1994.
(7) Warren County Resource Recovery Facility's Municipal Waste
Incinerators, Warren County, NJ COAD dated August 1, 1996.
(8) Hercules Incorporated's Nitration System, Acid Concentrators,
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
(9) US Department of Navy, Naval Air Warfare Center Aircraft
Division's jet engine test cells, Mercer County, NJ COAD approval dated
October 31, 1995.
(10) Atlantic Electric Company's Utility Boiler #8, Salem County,
NJ COAD approval dated February 25, 1997.
(11) U.S. Generating Company--Carneys Point Generating Plant's
auxiliary boiler, Salem County, NJ COAD approval dated February 2,
1996.
(12) U.S. Generating Company--Logan Generating Plant's auxiliary
boiler, Salem County, NJ COAD approval dated February 2, 1996.
(13) Schering Corporation's heat recovery steam generator with duct
burner, Union County, NJ COAD approval dated January 5, 1996.
(14) Jersey Central Power & Light Company's combined cycle
combustion turbines, Hunterdon County, NJ COAD approval dated April 10,
1996.
(15) Elizabethtown Water Company's internal combustion engines,
Somerset County, NJ COAD approval dated May 8, 1996.
(ii) Additional information--Documentation and information to
support NOx RACT facility-specific emission limits,
alternative emission limits, or repowering plan in four letters
addressed to Regional Administrator Jeanne M. Fox from New Jersey
Commissioner Robert C. Shinn, Jr. dated:
(A) June 18, 1996 for four SIP revisions,
(B) July 10, 1996 for three SIP revisions,
(C) December 17, 1996 for five SIP revisions,
(D) May 2, 1997 for three SIP revisions.
[FR Doc. 98-27924 Filed 10-19-98; 8:45 am]
BILLING CODE 6560-50-P
