97-1073. Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey  

  • [Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
    [Rules and Regulations]
    [Pages 2581-2585]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-1073]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [Region 2 Docket No. NJ25-1a-159, FRL-5662-3]
    
    
    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 twenty-two (22) revisions to 
    the State Implementation Plan (SIP) for ozone submitted by the State of 
    New Jersey. These revisions consist of source-specific reasonably 
    available control technology (RACT) determinations for controlling 
    oxides of nitrogen (NOX) from various sources in New Jersey. The 
    intended effect of this action is to approve the source-specific RACT 
    determinations made by New Jersey in accordance with provisions of its 
    regulation, New Jersey Administrative Code (NJAC) 7:27-19. This action 
    is being taken in accordance with Section 110 of the Clean Air Act (the 
    Act).
    
    DATES: This rule is effective on March 18, 1997, unless adverse or 
    critical comments are received by February 18, 1997. If the effective 
    date is delayed, timely notice will be published in the Federal 
    Register.
    
    ADDRESSES: All 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, SW., Washington, 
    DC 20460.
    
    FOR FURTHER INFORMATION CONTACT: Ted Gardella, 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. 
    Section 182(f) requirements are described by EPA in a notice, ``State 
    Implementation Plans; Nitrogen Oxides Supplement to the General 
    Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; 
    Proposed Rule,'' published November 25, 1992 (57 FR 55620). The 
    November 25, 1992 notice should be referred to for detailed information 
    on the NOX requirements. Additional guidance memoranda which have 
    been released subsequent to the NOX Supplement should also be 
    referred to.
        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(f) of the Act requires states within ozone 
    nonattainment areas classified moderate or above or areas within the 
    ozone transport region to 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) requires submittal of RACT rules for major 
    stationary sources of VOC emissions (not covered by a pre-enactment 
    control technique guidelines (CTG) document or a post-enactment CTG 
    document) by November 15, 1992. There were no NOX CTGs issued 
    before enactment and EPA has not issued a CTG document for any NOX 
    sources since enactment. States, in their RACT rules, are expected to 
    require final installation of the actual NOX controls by May 31, 
    1995 from those sources for which installation by that date is 
    practicable.
        States within the Northeast ozone transport region established by 
    section 184(a) should have revised their SIPs to include the RACT 
    measures by November 15, 1992. Because major sources in states in a 
    transport region are generally subject to at least the same level of 
    control as sources in moderate ozone nonattainment areas, EPA believes 
    that the schedule for implementing these RACT rules in the
    
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    ozone transport region should be consistent with the requirements of 
    section 182(b)(2) and were expected to require final installation of 
    the actual NOX controls by May 31, 1995 on those sources for which 
    installation by that date is practicable. Based on sections 182(f) and 
    184(b), New Jersey is required to apply the NOX RACT requirements 
    Statewide.
    
    New Jersey's NOX RACT Regulation
    
        On November 15, 1993, New Jersey submitted to EPA as a revision to 
    the SIP, Subchapter 19, ``Control and Prohibition of Air Pollution From 
    Oxides of Nitrogen'' of Chapter 27, Title 7 of the New Jersey 
    Administrative Code. Subchapter 19 contains the NOX RACT 
    requirements for New Jersey and has an effective date of December 20, 
    1993. New Jersey held public hearings on Subchapter 19 in March 1993 
    and adopted it on November 15, 1993. New Jersey submitted Subchapter 19 
    to EPA as a revision to the SIP on November 15, 1993. EPA found it to 
    be administratively and technically complete on December 29, 1993 and 
    proposed approval of Subchapter 19 on October 2, 1995 (60 FR 51379). 
    Final EPA action on Subchapter 19 is expected to be published in the 
    Federal Register soon.
    
    C. Section 19.13--Facility Specific NOX Emission Limits
    
        Section 19.13 of New Jersey's regulation establishes a procedure 
    for a case-by-case determination of what represents RACT for a 
    particular facility, item of equipment or source operation. This 
    procedure is applicable in two situations: (1) If the major NOX 
    facility contains any source operation or item of equipment of a 
    category not listed in section 19.2 and which has the potential to emit 
    more than 10 tons of NOX per year, except for non-utility boilers, 
    or (2) if the owner or operator of a source operation or item of 
    equipment of a category that is listed in section 19.2 seeks approval 
    of an alternative maximum allowable emission rate.
        New Jersey's procedure requires the owners and/or operators of the 
    affected facility to submit either a NOX control plan if they are 
    not covered by specific emission limitations or a request for an 
    alternative maximum allowable emission rate if they are covered by 
    specific emission limitations. The owners/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 alternative control strategies 
    (e.g., emissions averaging, seasonal fuel switching to natural gas, and 
    repowering) in addition to considering control technologies (e.g., low 
    NOX burners). In either case, Subchapter 19 provides for New 
    Jersey to establish emission limits based upon a RACT determination 
    specific to the facility. The resulting control plan or alternate 
    maximum allowable emission rate must be submitted to EPA for approval 
    as a SIP revision.
    
    D. Analysis of State Submittals
    
        The twenty-two (22) source specific SIP revisions were all adopted 
    by New Jersey at different times during 1994 and 1995 and were found by 
    EPA to be administratively and technically complete. Prior to adoption, 
    New Jersey published their proposed RACT determinations in local 
    newspapers and provided 30 days for public comment and an opportunity 
    to request a public hearing. New Jersey reviewed and responded to all 
    comments made. New Jersey determined that the proposed NOX control 
    plans and alternative maximum allowable emission rates from the owners 
    conform with the provisions of section 19.13. New Jersey has issued to 
    each owner a ``conditions of approval'' document incorporating approved 
    permit conditions which are fully enforceable by the State and which 
    contain conditions consistent with Subchapter 19. These ``conditions of 
    approval'' documents are identified in the ``Incorporation by 
    reference'' section at the end of this document.
        EPA has determined that the NOX emission limits identified in 
    New Jersey's letters of approval (with attached ``conditions of 
    approval'' document) to the owners represent RACT for each source 
    identified in this document. The permit conditions include emission 
    limits, work practice standards, testing, monitoring, and 
    recordkeeping/reporting requirements. These permit conditions are 
    consistent with the NOX RACT requirements specified in Subchapter 
    19 and conform to EPA NOX RACT guidance. Therefore, EPA is 
    approving the twenty-two (22) source-specific SIP revisions submitted 
    by New Jersey dated May 26, 1995, November 8, 1995, January 10, 1996 
    and October 10, 1996 as identified in this document.
        EPA's evaluation of each RACT submittal is detailed in a document 
    dated October 29, 1996, 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.
        A summary of EPA's findings of each RACT submittal is provided in 
    the following sections and is organized into two groups: I. ``Facility-
    Specific NOX Emission Limits'' in which a major NOX facility 
    has a source operation or item of equipment for which an emission limit 
    has not been established pursuant to the presumptive limits identified 
    in Subchapter 19, and II. ``Alternative NOX Emission Limits'' in 
    which an owner or operator of a source operation or item of equipment 
    of a category that is listed in section 19.2 seeks approval of a RACT 
    emission limit different from that which is established in Subchapter 
    19. This Notice 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
    
    1. Edgeboro Disposal, Inc.
    
        Edgeboro Disposal, Inc. operates a solid waste landfill in East 
    Brunswick, Middlesex County, which generates landfill gas that is 
    disposed of by five flares. The facility's RACT analysis concluded, and 
    New Jersey agreed, that RACT is the current operation of the existing 
    flares. The facility-specific NOX emission limit is 0.08 pounds 
    NOX per million BTUs (lbs/MM BTU).
    
    2. E.I. duPont DeNemours and Company, Inc.
    
        E.I. duPont DeNemours and Company, Inc., operates a carbon 
    regeneration furnace located in Deepwater, Salem County. The facility's 
    RACT analysis concluded, and New Jersey agreed, that RACT is the use of 
    the previously installed low NOX burners (LNB), based on DuPont's 
    1994 updated Best Available Control Technology (BACT) analysis. The 
    facility-specific NOX emission limit is 18.6 pounds per hour (lbs/
    hr).
    
    3. Hoeganaes Corporation
    
        The Hoeganaes Corporation, located in Riverton, Burlington County, 
    manufactures iron and steel powders. Its operations include an electric 
    arc furnace (EAF) for melting steel and a tunnel kiln for manufacturing 
    sponge iron. The facility's RACT analysis concluded, and New Jersey 
    agreed, that RACT is regular maintenance of the EAF refractory which is 
    already standard practice at the facility. The facility-specific 
    NOX emission limit is 33.6 tons per year (TPY).
        NOX emissions from the tunnel kiln are produced from 252 
    natural gas fired burners and from the combustion of coal
    
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    and coke in the process. The facility's RACT analysis concluded, and 
    New Jersey agreed, that RACT is burner adjustments to the tunnel kiln, 
    which is already a normal procedure to maintain proper combustion 
    control. The facility-specific NOX emission limit is 26.4 TPY.
    
    4. Parsippany-Troy Hills Township Sewer Authority
    
        Parsippany-Troy Hills Township Sewer Authority owns and operates 
    two multiple hearth type incinerators to burn sewage sludge from its 
    wastewater treatment plant located in Parsippany, Morris County. The 
    facility's RACT analysis concluded, and New Jersey agreed, that RACT is 
    seasonal natural gas combustion. The facility-specific NOX 
    emission limit is 21 lbs/hr for each incinerator. The State may 
    establish a lower facility NOX emission limit based on compliance 
    stack test results after the fuel switch.
    
    5. Sandoz Pharmaceuticals Corporation
    
        Sandoz Pharmaceuticals Corporation operates a small scale trash 
    fired boiler energy recovery system located in East Hanover, Morris 
    County. The facility's RACT analysis concluded, and New Jersey agreed, 
    that RACT is the previously installed controlled air combustion system. 
    The facility-specific NOX emission limit is 3.0 lbs/hr.
    
    6. Griffin Pipe Products Company
    
        Griffin Pipe Products Company produces pipe from scrap steel and 
    operates an iron melting cupola and an annealing furnace in Florence, 
    Burlington County. NOX emissions from the facility are a result of 
    the combustion of coke in the iron melting cupola and natural gas in 
    the annealing furnace. For the cupola, the facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is the continued use of low 
    excess air and oxygen enrichment technologies. The facility-specific 
    NOX emission limit is 0.20 lbs/MM BTU. In addition, the conditions 
    of approval include limiting the cupola operation to 2600 hours per 
    year. For the annealing furnace, the facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is annual adjustment to the 
    furnace combustion process. The facility-specific NOX emission 
    limit is 0.15 lbs/MM BTU. Also, the conditions of approval include 
    limiting the annual fuel consumption of the furnace to 200 million 
    standard cubic feet (MMSCF) of natural gas.
    
    7. United States Pipe and Foundry Company
    
        United States Pipe and Foundry Company operates two cupola iron 
    melting furnaces and two annealing ovens in Burlington, Burlington 
    County. NOX emissions are the result of coke combustion in the 
    cupola and natural gas in the annealing oven. For the cupolas, the 
    facility's RACT analysis concluded, and New Jersey agreed, that RACT is 
    the continued use of oxygen enrichment and preheated blast air. The 
    facility-specific NOX emission limit is 0.20 lbs/MM BTU. For the 
    annealing ovens, the facility's RACT analysis concluded, and New Jersey 
    agreed, that RACT is annual adjustment to the combustion process. The 
    facility-specific NOX emission limit is 0.14 lbs/MM BTU.
    
    8. Johnson Matthey Incorporated
    
        Johnson Matthey Incorporated operates a three-chamber natural gas 
    fired ignition recovery furnace system in West Deptford, Gloucester 
    County. The facility's RACT analysis concluded, and New Jersey agreed, 
    that RACT is the installation of LNBs. The facility-specific NOX 
    emission limit is 7.1 lbs/hr.
    
    9. E.I. duPont DeNemours and Company, Inc.
    
        E.I. duPont DeNemours and Company, Inc. owns and operates a 
    hazardous waste incinerator in Deepwater, Salem County. The facility's 
    RACT analysis concluded, and New Jersey agreed, that RACT is the 
    implementation of Selective Non Catalytic Reduction (SNCR) including 
    ammonia injection, based on a 1994 BACT determination. The facility-
    specific NOX emission limit is 10.6 lbs/hr (0.20 lbs/MM BTU).
    
    10. Rollins Environmental Services (NJ), Inc.
    
        Rollins Environmental Services (NJ), Inc. owns and operates a 
    commercial hazardous waste incinerator in Bridgeport, Gloucester County 
    to process organic wastes. The facility's RACT analysis concluded, and 
    New Jersey agreed, that RACT is the modification of the existing 
    burners. The facility-specific NOX emission limit is 75 lbs/hr.
    
    11. Minnesota Mining and Manufacturing Co.
    
        Minnesota Mining and Manufacturing Co. (3M) operates one rotary 
    kiln and two dryers in Belle Mead, Somerset County. The facility's RACT 
    analysis concluded, and New Jersey agreed, that RACT is the 
    installation of LNBs. In addition, the conditions of approval include 
    requirements that only natural gas will be combusted as the primary 
    fuel and No. 2 fuel oil will be used only during natural gas 
    curtailment. The facility-specific NOX emission limits while 
    combusting natural gas are 5.7 lbs/hr and 1.6 lbs/hr for the kiln and 
    each dryer, respectively.
    
    12. American Ref-Fuel Company
    
        The American Ref-Fuel Company owns and operates the three mass 
    burning water wall incinerators at the Essex County Resource Recovery 
    Facility in Newark, Essex County. The facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is the installation of SNCR 
    technology utilizing ammonia injection, based on a 1993 BACT analysis. 
    The facility-specific NOX emission limit is 95 lbs/hr/unit, with a 
    concentration limit of 174 parts per million (ppm), based on a 3-hour 
    average.
    
    13. Union County Utilities Authority
    
        The Union County Utilities Authority owns and operates the three 
    mass burning water wall incinerators at the Union County Resource 
    Recovery Facility in Rahway, Union County. The facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is the installation of SNCR 
    technology with ammonia injection, based on a 1989 BACT analysis. The 
    facility-specific NOX emission limit is 80 lbs/hr/unit, with a 
    concentration limit of 225 ppm on a 3-hour basis.
    
    14. General Motors Corporation
    
        General Motors (GM), located in Linden, Union County, owns and 
    operates a Topcoat autobody coating system which has fifty natural gas 
    burners. The facility's RACT analysis concluded, and New Jersey agreed, 
    that RACT is the existing practice of limiting the Topcoat system's 
    fuel use to 591.1 MMSCF of natural gas per year and annual combustion 
    adjustments to the burners. The facility-specific NOX emission 
    limit is 41.4 TPY (0.14 lbs/MM BTU) and the Topcoat system production 
    is limited to operate 5094 hours per year.
    
    II. Alternative NOX Emission Limit
    
        A summary of EPA's analysis of each source facility granted an 
    alternative NOX emission limit by New Jersey is as follows.
    
    15. Public Service Electric and Gas Company (PSE&G)
    
        PSE&G operates Hudson Unit Number 2 which is a coal-fired, dry 
    bottom utility boiler in Jersey City, Hudson County. The facility's 
    RACT analysis concluded, and New Jersey agreed, that RACT is the use of 
    LNB in combination with Overfire Air (LNB/OFA). The
    
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    alternative NOX emission limits are 0.85 lbs/MM BTU for coal and 
    0.60 lbs/MM BTU for the combustion of natural gas or number 6 fuel oil. 
    These emission limits may be further reduced by New Jersey based upon 
    results of optimization tests with the LNB/OFA installation.
    
    16. General Motors Corporation
    
        GM operates a tangentially oil-fired boiler (Number 4) at its motor 
    vehicle parts plant in Trenton, Mercer County. The facility's RACT 
    analysis concluded, and New Jersey agreed, that RACT is annual 
    adjustments to the combustion process. The alternative NOX 
    emission limit is 0.45 lbs/MM BTU. The conditions of approval include 
    limiting operation to no more than 1315 hours per year and ceasing 
    boiler operation after May 31, 2005.
    
    17. International Flavors and Fragrances
    
        International Flavors and Fragrances owns and operates a backup 
    gas-fired boiler (Number 5) in Union Beach, Monmouth County. The 
    facility's RACT analysis concluded, and New Jersey agreed, that RACT is 
    biannual combustion process adjustments and an operation limit to 1440 
    hours annually. The alternative NOx emission limit is 0.18 lbs/MM 
    BTU during natural gas combustion and 0.255 lbs/MM BTU during No. 2 
    fuel oil combustion. Number 6 fuel oil will no longer be used for the 
    boiler.
    
    18. Algonquin Gas Transmission Company
    
        Algonquin Gas Transmission Company operates two natural gas fired, 
    simple cycle combustion turbines in Hanover Township, Morris County. 
    The facility's RACT analysis concluded, and New Jersey agreed, that 
    RACT is annual adjustments to the combustion process. The alternative 
    NOx emission limit for each turbine shall be 0.345 lbs/MM BTU.
    
    19. Hoffmann-La Roche Incorporated
    
        Hoffmann-La Roche Incorporated, located in Nutley, Essex County, 
    owns and operates a cogeneration facility with three units consisting 
    of combined cycle combustion turbines and heat recovery steam 
    generators with supplemental firing. The facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is annual adjustment to the 
    combustion process on the duct burners installed on each of the three 
    turbines. The alternative NOx emission limit for each turbine is 
    0.34 lbs/MM BTU during natural gas combustion. Each turbine is also 
    permitted to use kerosene as a backup fuel for no more than 500 hours 
    in a calendar year.
    
    20. Texas Eastern Transmission Corporation
    
        Texas Eastern Transmission Corporation operates three 2050 
    horsepower internal combustion engines at the Linden Compressor Station 
    in Union County and four 1100 horsepower engines at the Lambertville 
    Compressor Station in Hunterdon County. The facility's RACT analysis 
    concluded, and New Jersey agreed, that RACT is the use of electronic 
    ignition controls on each of the Lambertville engines and the use of 
    electronic ignition controls combined with installation of equipment to 
    automatically control the air to fuel ratio on the Linden engines. The 
    alternative NOx emission limit is 8.26 grams per horsepower-hour 
    (g/hp-hr) for each Linden engine and 7.22 g/hp-hr for each Lambertville 
    engine. After optimization of controls, the NOx emission limits 
    will be evaluated and lower alternative emission limits may be 
    established.
    
    Final Action
    
        EPA is approving the permitted conditions described above as RACT 
    for the control of NOx emissions from the sources identified in 
    the twenty-two source-specific SIP revisions.
        The EPA is publishing this action without prior proposal because 
    the Agency 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. This action will be 
    effective March 18, 1997, unless, by February 18, 1997 adverse or 
    critical comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by publishing a subsequent document that will 
    withdraw the final action. All public comments received will 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 action should 
    do so at this time. If no such comments are received, the public is 
    advised that this action will be effective March 18, 1997.
        Nothing in this action 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 the SIP shall be 
    considered separately in light of specific technical, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
    
    Administrative Requirements
    
    Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget (OMB) has 
    exempted this regulatory action from E.O. 12866 review.
    
    Regulatory Flexibility Act
    
        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 Act 
    do not create any new requirements but simply approve requirements that 
    the state is already imposing. Moreover, this action does not involve 
    generally applicable requirements, but specific requirements for each 
    facility which both the source owner and the State have determined to 
    be economically and technologically reasonable. This action only 
    affects the sources which have requested the SIP revision and which are 
    not small entities. Therefore, EPA certifies that this approval action 
    does not have a significant impact on small entities.
    
    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
    
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    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 General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    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 March 18, 1997. 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).)
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Incorporation by 
    reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
    requirements.
    
        Dated: November 28, 1996.
    William J. Muszynski,
    Acting 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 52.1570 is amended by adding new paragraph (c)(59) to 
    read as follows:
    
    
    Sec. 52.1570  Identification of plan.
    
    * * * * *
        (c) * * *
    * * * * *
        (59) Revisions to the State Implementation Plan submitted by the 
    New Jersey Department of Environmental Protection on May 26, 1995, 
    November 8, 1995, January 10, 1996 and October 10, 1996.
        (i) Incorporation by reference.
        (A) Conditions of Approval Documents (COAD):
        The following facilities have been issued conditions of approval 
    documents by New Jersey:
        (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ 
    COAD approval dated April 13, 1995, revised October 19, 1995 (effective 
    November 6, 1995).
        (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace, 
    Salem County, NJ COAD approval dated June 7, 1995.
        (3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln, 
    Burlington County, NJ COAD approval dated February 3, 1995.
        (4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator, 
    Salem County, NJ COAD approval dated July 7, 1995.
        (5) Rollins Environmental Services' hazardous waste incinerator, 
    Gloucester County, NJ COAD approval dated May 25, 1995.
        (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County, 
    NJ NOX RACT approval dated February 6, 1995.
        (7) Union County Utilities Authority's Municipal Waste Incinerator, 
    Union County; NJ NOX RACT approval dated May 10, 1994 with an 
    attached permit to construct, operate, and a PSD permit dated December 
    29, 1989.
        (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson 
    County, NJ COAD approval dated May 9, 1995.
        (9) Algonquin Gas Transmission Co.'s simple cycle combustion 
    turbines, Morris County, NJ COAD approval dated March 31, 1995.
        (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex 
    County, NJ COAD approval dated May 8, 1995.
        (11) International Flavors and Fragrances' non-utility boiler 
    Number 5, Monmouth County, NJ COAD approval dated June 9, 1995.
        (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge 
    incinerators, Morris County, NJ COAD approval dated October 13, 1995.
        (13) Johnson Matthey's multi-chamber metals recovery furnace, 
    Gloucester County, NJ COAD approval dated June 13, 1995.
        (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD 
    approval dated May 4, 1995.
        (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, 
    Morris County, NJ COAD approval dated March 23, 1995.
        (16) General Motors Corporation's non-utility boiler (No.4), Mercer 
    County, NJ COAD approval dated June 22, 1995.
        (17) General Motors Corporation's Topcoat system, Union County, NJ 
    COAD approval dated November 6, 1995.
        (18) United States Pipe and Foundry Company's cupolas and annealing 
    ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated 
    October 16, 1995.
        (19) Griffin Pipe Products Company's cupola and annealing furnace, 
    Burlington County, NJ COAD approval dated December 14, 1995.
        (20) Texas Eastern Transmission Corporation's internal combustion 
    engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
        (21) Texas Eastern Transmission Corporation's internal combustion 
    engines, Union County, NJ COAD approval dated May 9, 1995.
        (ii) Additional information--Documentation and information to 
    support NOx RACT facility-specific emission limits or alternative 
    emission limits in four letters addressed to Regional Administrator 
    Jeanne M. Fox from New Jersey Commissioner Robert C. Shinn, Jr. dated:
        (A) May 26, 1995 for two SIP revisions;
        (B) November 8, 1995 for eight SIP revisions;
        (C) January 10, 1996 for ten SIP revisions; and
        (D) October 10, 1996 for two SIP revisions.
    
    [FR Doc. 97-1073 Filed 1-16-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
3/18/1997
Published:
01/17/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-1073
Dates:
This rule is effective on March 18, 1997, unless adverse or critical comments are received by February 18, 1997. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
2581-2585 (5 pages)
Docket Numbers:
Region 2 Docket No. NJ25-1a-159, FRL-5662-3
PDF File:
97-1073.pdf
CFR: (1)
40 CFR 52.1570