[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51379-51382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24451]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 145; NJ16-1-6470, FRL-5309-3]
Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for the State of
New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The EPA proposes approval of revisions to the State
Implementation Plan (SIP) for ozone submitted by the State of New
Jersey. This portion of the implementation plan was submitted by the
State to satisfy Clean Air Act (the Act) requirements for adoption of
rules for the application of reasonably available control technology
(RACT) for oxides of nitrogen (NOX) in the entire State. The Act
requires implementation of NOX RACT at major stationary sources of
NOX emissions in the State of New Jersey by May 31, 1995.
DATES: Comments must be received on or before November 1, 1995.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, Twentieth Floor, New York, New York 10007-1866.
Copies of the state submittal and other information are available
at the following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs
Branch, 290 Broadway, Twentieth floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Quality Planning, 401 East State
Street, CN418, Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: Ted Gardella, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, Twentieth floor, New
York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. 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 moderate or above
ozone nonattainment areas or 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 states in a transport region are
generally subject to at least the moderate area requirements, EPA
believes that the schedule for implementing these RACT rules in the
ozone transport region should be consistent with the requirements of
Section 182(b)(2) and will be 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 Section 182(f), New
Jersey is required to apply the NOX RACT requirements Statewide.
II. State Submittal
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 with an effective date of December 20, 1993.
Subchapter 19 contains the NOX RACT requirements for the State.
New Jersey held public hearings on Subchapter 19 in March 1993 and it
was adopted on November 15, 1993. EPA reviewed the plan to determine
completeness in accordance with criteria set out at 40 CFR 51. The
submittal was found to be administratively and technically complete,
and a letter dated December 29, 1993 was forwarded to the Commissioner
indicating the completeness of the submittal and the next steps to be
taken in the review process.
It is important to note that New Jersey is a member of the
Northeast States for Coordinated Air Use Management (NESCAUM) and the
Ozone Transport Commission (OTC), which seek to develop a consistent
NOX reduction strategy for ozone attainment in the Northeast. New
Jersey's NOX RACT plan is consistent with the recommendations of
these groups, which are generally more stringent than EPA requirements.
For a more detailed discussion of New Jersey's submittal and EPA's
proposed action on the submittal, the reader should refer to the
Technical Support Document developed as part of this proposed action
and found at the previously mentioned addresses.
[[Page 51380]]
III. Analysis of New Jersey's SIP Submission
A. RACT Determination and Implementation
1. Utility Boilers
Section 19.4 of Subchapter 19 specifies the emission limitations
for utility boilers and three alternative ways for utility boilers to
comply: averaging, fuel switching, and repowering. Maximum allowable
NOX emission rates, expressed as pounds NOX per million BTUs
(lb. NOX/MM BTU), range from 0.2 to 1.0 depending on the type of
boiler and the type of fuel. Section 19.4 also requires utility boilers
to install a continuous emission monitoring system. The emission limits
specified by New Jersey are consistent with those recommended by the
EPA in the NOX Supplement. The emission limits are enforceable
through appropriate averaging times, test methods, compliance schedules
and reporting and recordkeeping requirements.
New Jersey's provisions allow utilities to comply with the NOX
RACT requirements by using an averaging plan throughout the State
including areas with different nonattainment classifications. This
alternative is further reviewed in Part III.A.3. of this document.
New Jersey's fuel switching provision is consistent with EPA
guidance which basically states that annual emissions of NOX must
be less than or equal to annual emissions that would result from
continuous compliance with presumptive NOX RACT.
New Jersey's repowering provision meets all of the requirements in
EPA's guidance. Repowering is simply the replacement of the steam
generator in a steam generating unit. New Jersey's provision requires
interim RACT to begin by May 1, 1995 and for the repower to be
completed by May 15, 1999. New Jersey defines interim RACT as annual
adjustments to the combustion process.
2. Stationary Gas Turbines
Section 19.5 specifies the maximum allowable NOX emission
rates (lb. NOX/MM BTU) ranging from 0.15 to 0.4 depending on the
type of turbine and the type of fuel. Alternatively, compliance can be
met through an averaging plan or where it can be shown that there is an
insufficient supply of water to the turbine and that there is no
commercially available dry low-NOX combustor suitable. In this
latter case, the owner/operator must obtain approval of this waiver
from New Jersey in accordance with Section 19.14 and in addition, the
combustion process of the turbine must be annually adjusted.
New Jersey's emission limitations are consistent with EPA's general
guidance. The emission limits are enforceable through appropriate
averaging times, test methods, compliance schedules and reporting and
recordkeeping requirements.
3. Emissions Averaging
Section 19.6 allows sources to comply with the regulation with an
averaging plan. Any person owning or operating at least two items of
equipment or source operations may request the Department's approval of
an averaging plan. The person developing an averaging plan must
identify the equipment and source operations to be included in the
plan. The averaging units included in the plan may be located at one or
more sites throughout the State, but must be owned and operated by the
same person. The central part of the application for an averaging plan
is the demonstration that if all averaging units included in the
designated set are operating at maximum design capacity, their total
emissions will be no greater than the total emissions which would be
allowed from all of the averaging units if they were subject to the
`presumptive' RACT emission limits.
This averaging provision is not intended to be a generic trading
rule covering all pollutants but is a limited trading rule for meeting
NOX RACT requirements. The New Jersey regulation is limited in
scope, time, and types of sources which can trade and is intended to be
an interim step in achieving future ozone attainment. New Jersey's
averaging provision met the general EPA guidance (NOX Preamble)
when these rules were proposed and adopted by the State. New Jersey, in
consultation with the OTC states and EPA, is currently developing
future trading rules which will have broader applicability. New
Jersey's averaging provision is satisfactory in that it meets EPA's
policy that was in existence at the time it was adopted by the State,
however there are some differences from current EPA trading policy.
These differences include: (1) definition of a violation, (2) improved
audit procedures, (3) a reconciliation procedure, (4) specification of
baseline emissions, and (5) the effects on credits of newly adopted
rules. The State's revisions will address these areas and strengthen
the NOX RACT regulations.
New Jersey's averaging plan is consistent with EPA's general
guidance (NOX Preamble). The averaging plan is enforceable through
appropriate averaging times, test methods, compliance schedules and
reporting and recordkeeping requirements.
4. Non-Utility Boilers
Section 19.7 specifies the requirements for non-utility boilers.
The control strategy depends on the maximum gross heat input rate of
the non-utility boiler, the type of boiler and the type of fuel used.
Smaller boilers are required to annually adjust the combustion process
to minimize NOX emissions, while the larger size boilers must meet
emission limits (lb. NOX/MM BTU) ranging from 0.1 to 1.0. Also,
any non-utility boilers with a maximum gross heat input rate of at
least 250 million BTUs per hour shall install a continuous emissions
monitoring system.
The emission limits specified by New Jersey are consistent with
those recommended by the EPA in the NOX Supplement. The emission
limits are enforceable through appropriate averaging times, test
methods, compliance schedules and reporting and recordkeeping
requirements.
5. Stationary Internal Combustion Engines
Section 19.8 establishes NOX emission limits for stationary
internal combustion engines. The emission limitations, expressed as
grams NOX per horsepower-hour, range from 1.5 to 8.0 depending on
the type of engine and the type of fuel used.
New Jersey's emission limits are consistent with EPA's general
guidance and with those suggested by NESCAUM. The emission limits are
enforceable through appropriate averaging times, test methods,
compliance schedules and reporting and recordkeeping requirements.
6. Asphalt Plants
Section 19.9 establishes NOX emission limits for asphalt
plants depending on the type of plant. The emission limit for these
sources is 200 parts per million (dry, volume basis) at seven percent
oxygen content. In addition to establishing emission limits, the
regulation requires the burner of an aggregate dryer to be adjusted
annually to reduce emissions of all pollutants.
New Jersey's emission limitations are consistent with EPA's general
guidance. The emission limits are enforceable through appropriate
averaging times, test methods, compliance schedules and reporting and
recordkeeping requirements.
[[Page 51381]]
7. Glass Manufacturing Furnaces
Section 19.10 establishes NOX emission limits for glass
manufacturing furnaces. The limitations depend on the type of glass
manufactured by the furnace.
The emission limits, expressed as pounds NOX per ton of glass
removal from the furnace, for commercial container and specialty
container glass manufacturing are 5.5 and 11.0 respectively. In the
case of borosilicate recipe glass manufacturing furnaces, a baseline
NOX emission rate must be determined by January 1, 1994 and a plan
must be submitted by July 1, 1994 explaining how those baseline
emissions will be reduced by 30 percent. The furnace must then
implement the plan and reduce its emissions accordingly. In addition,
the owner or operator of a glass manufacturing furnace must annually
adjust the combustion process of the furnace beginning in May 1994.
The Department has determined that glass furnaces will become
subject to the specific emission limitations on May 1, 1997, unless the
furnace is `rebricked' before that date, in which case the furnace
becomes subject to the emission limitations upon the date the
rebricking is completed.
EPA accepts the technical and economic rationale presented by New
Jersey in their proposed rule for the emission limits as adopted. EPA's
policy allows states to extend the repowering guidance to other source
categories. New Jersey's rebricking provisions meet all of the
requirements in EPA's guidance. New Jersey's provision requires interim
RACT to begin on May 1, 1994 and to rebrick and comply with the
emission limits by May 1, 1997 or the first date after rebricking is
completed, whichever is earlier. New Jersey defines interim RACT as
annual adjustments to the combustion process.
New Jersey's emission limitations are consistent with EPA's general
guidance and therefore, acceptable to the Agency. The emission limits
are enforceable through appropriate averaging times, test methods,
compliance schedules and reporting and recordkeeping requirements.
8. Facility-Specific NOX Emission Limits
Section 19.13 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 a major NOX facility contains any source
operation or item of equipment not listed in 19.2, or (2) if the owner
or operator of a source operation or item of equipment that is listed
in 19.2 seeks approval of an alternative maximum allowable emission
rate.
New Jersey's procedure entails the owners and/or operators of the
effected facility to propose a NOX control plan or request for an
alternative maximum allowable emission rate. The owners/operator are to
include a technical and economic feasibility analysis of the possible
alternative control measures. For each case, the regulations provide
for the Department to establish emission limits based upon a RACT
determination specific to the facility in question. The resulting
control plan or alternate maximum allowable emission rate would be
submitted for approval as a SIP revision.
Section 19.13(l) identifies the reasons why the State ``may''
revoke an approval of a NOX control plan. One reason would be an
EPA disapproval of the plan after EPA rulemaking action. The State
indicates that ``may'' does not apply to EPA disapprovals and that in a
forthcoming amendment to Subchapter 19, New Jersey will clarify this.
They will revise Sections 19.13(l)(3) and 19.13(h) to say that upon EPA
disapproval of a specific NOx plan, New Jersey will revoke the
plan. EPA is proposing to approve this provision because the New Jersey
explanation is acceptable and, regardless, EPA has adequate authority
under the Act to require the state to correct any EPA identified
deficiencies.
For sources not subject to specific emission limitations or work
practice standards, Section 19.13 provides a procedure and schedule
which must be followed in order to comply with Subchapter 19. Should a
source not comply with this procedure it would constitute a violation
of Subchapter 19 and would subject the source owner or operator to
civil and applicable criminal penalties. EPA believes this is
sufficient to insure that sources comply and should EPA have to take
enforcement action, it could use the same provisions to obtain
compliance.
9. Exemptions
Section 19.2 contains provisions to exempt equipment and source
operations. The following summarizes these exemptions:
1. Emergency generators which operate less than 500 hours
annually and have a potential to emit less than 25 tons of NOX.
This exemption provision is consistent with the Act since all
sources with a potential to emit less than 25 tons per year of
NOX are not subject to NOX emission limitations.
2. Equipment or source operations where the EPA Administrator
determines that the net air quality benefits are greater in the
absence of NOX reductions. This provision conforms to Section
182(f) of the Act providing for this NOX RACT exemption.
3. NOX sources with a potential to emit less than 25 tons
per year and with the potential to emit less than 137 pounds per day
during the ozone season. This provision is consistent with the Act
as indicated in the first exemption above.
10. Other Provisions
The following are administrative and procedural provisions to
Subchapter 19 which were reviewed by EPA: definitions; general
provisions; procedures for obtaining approvals and demonstrating
compliance; requirements for adjusting the combustion process; emission
testing, monitoring, and recordkeeping; and civil penalties. EPA has
evaluated these provisions in Subchapter 19 for consistency with EPA
policy and has determined that they meet the requirements and are
therefore acceptable to the Agency.
IV. Summary
The EPA is proposing full approval of Subchapter 19, ``Control and
Prohibition of Air Pollution From Oxides of Nitrogen'' submitted by the
State of New Jersey on November 15, 1993 for the marginal, moderate,
and severe ozone nonattainment areas. New Jersey has applied Subchapter
19 to the entire State.
Nothing in this proposed 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 the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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. 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.
[[Page 51382]]
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 Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976);
42 U.S.C. Sec. 7410(a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan revision, the
state and any affected local or tribal governments have elected to
adopt the program provided for under Section 182(f) of the Clean Air
Act. These rules may bind state, local and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. To the extent that the rules being proposed for
approval by this action would impose any mandate upon the state, local
or tribal governments either as the owner or operator of a source or as
a regulator, or would impose any mandate upon the private sector, EPA's
action would impose no new requirements; such sources are already
subject to these regulations under state law. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this proposed action does not include a mandate that may result in
estimated annual costs of $100 million or more to state, local, or
tribal governments in the aggregate or to the private sector.
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 Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C 7401-7671q.
Dated: September 15, 1995.
William J. Muszynski,
Deputy Regional Administrator.
[FR Doc. 95-24451 Filed 9-29-95; 8:45 am]
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