[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23695]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 128, NJ-13-1-6104a; FRL-5051-3]
Approval and Promulgation of Implementation Plans; New Jersey
Ozone State Implementation Plan Revision
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New Jersey State Implementation Plan for ozone related
to development of reasonably available control technologies for all
source categories of volatile organic compounds for which EPA has
issued a control techniques guideline document. This revision has been
submitted in response to requirements to control ozone established in
the Clean Air Act. New Jersey's submittals contained additional
revisions, which EPA will be acting on in separate Federal Register
actions.
DATES: This final rule is effective on November 28, 1994 unless adverse
or critical comments are received by October 27, 1994. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: All comments should be addressed to: William J. Muszynski,
Deputy Regional Administrator, Environmental Protection Agency, Region
II Office, 26 Federal Plaza, New York, New York 10278.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Library, 26 Federal
Plaza, room 402, New York, New York 10278.
New Jersey Department of Environmental Protection, Bureau of Air
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey
08625.
FOR FURTHER INFORMATION CONTACT: Raymond Werner, Chief, State
Implementation Plan Section, Air Programs Branch, Environmental
Protection Agency, 26 Federal Plaza, room 1034A, New York, New York
10278, (212) 264-2517.
SUPPLEMENTARY INFORMATION:
Background
The Clean Air Act (Act) sets forth a number of requirements that
states with areas designated as nonattainment for ozone had to satisfy
by November 15, 1992.
New Jersey must address a number of requirements of the Act
including the requirements:
To adopt Reasonably Available Control Techniques (RACT)
regulations for all source types for which the Environmental
Protection Agency (EPA) has developed Control Techniques Guidelines
(CTGs);
To adopt RACT regulations for all other major sources of
volatile organic compounds (VOCs);
To adopt RACT regulations for all major sources of oxides
of nitrogen (NOx);
To develop and adopt an enhanced inspection and maintenance
program;
To develop and adopt measures to offset emission increases
due to increases in vehicle miles travelled (VMT) or in the number
of vehicle trips;
To adopt an emission statement program;
To revise its new source review program to meet the new
requirements of the Act;
To develop and adopt an Employer Trip Reduction program;
To develop an emission inventory; and
To develop and adopt a small business assistance program.
These measures are intended to reduce emissions of VOCs and NOx.
VOCs and NOx are precursors of ozone in the lower atmosphere, which is
a primary component of smog. A more detailed summary of these
requirements, including the relevant statutory provisions can be found
in the General Preamble to title I of the Act (57 FR 13498, April 16,
1992).
The specific requirements that New Jersey must meet vary by area,
depending upon the severity of the ozone problem. Eighteen of the
twenty one counties in New Jersey are designated as severe
nonattainment for ozone. Of the remaining three counties, Atlantic and
Cape May Counties are designated as moderate nonattainment for ozone
and Warren County is designated as marginal nonattainment for ozone. In
addition, section 184(a) of the Act recognizes that ozone is a regional
problem by designating all of New Jersey as part of an ozone transport
region. Since most of New Jersey is designated as severe nonattainment
for ozone, and all of New Jersey is part of an ozone transport region,
New Jersey has chosen to implement statewide all of the control
requirements that are addressed in this action.
State Submittal
On November 15, 1992, New Jersey submitted to EPA a request to
revise its SIP for ozone. This submittal had undergone public hearings
on October 27, October 29 and November 5, 1992. While New Jersey did
address additional requirements in its November 15, 1992 submittal, the
only requirement that EPA is addressing in this action is the
requirement to adopt RACT regulations for all source types for which
EPA has developed CTGs. EPA will take action on the other submittals
that New Jersey made in other Federal Register actions.
Section 110(k) of the Clean Air Act requires EPA to determine if a
state's SIP submittal is complete within sixty days of submittal but
not later than six months later than that date. If EPA does not notify
a state of the completeness of a submittal within six months of receipt
it is automatically deemed complete. The criteria that EPA uses to
determine completeness are set forth in 40 CFR part 51, appendix V. On
April 20, 1993, EPA sent New Jersey a letter informing it that its
November 15, 1992 submittal was not complete because it did not contain
a compilation of the public comments and the State's responses to those
comments. On May 14, 1993, New Jersey submitted a compilation of public
comments and the State's responses to these comments. These public
comments did not result in any substantive changes to New Jersey's
submittal. Most of the comments involved portions of the SIP which New
Jersey is still developing and will be better addressed as part of
those SIP submittals. On June 10, 1993, EPA wrote to New Jersey and
informed them that EPA had reviewed its May 14, 1993 submittal and was
finding New Jersey's submittal complete insofar as it contained adopted
RACT regulations for all source types for which EPA has developed CTGs.
The following summarizes EPA's evaluation of New Jersey's submittal.
The Act sets forth two separate provisions requiring states to
promulgate VOC RACT rules in ozone nonattainment areas. RACT is defined
as the lowest emission that a particular source is capable of meeting
with the application of control technology that is reasonably available
considering technological and economic feasibility.
The first provision, referred to as RACT fix-up, requires the
correction of RACT rules for which EPA identified deficiencies before
the Act was amended in 1990. Under the pre-amended Clean Air Act, ozone
nonattainment areas were required to adopt RACT rules for sources of
VOC emissions. EPA issued three sets of CTG documents, establishing a
``presumptive norm'' for RACT for various categories of VOC sources.
The three sets of CTGs were (1) Group I--issued before January 1978 (15
CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued
in the early 1980's (5 CTGs). Those sources not covered by a CTG were
called non-CTG sources. Under section 172(a)(1), ozone nonattainment
areas were generally required to attain the ozone standard by December
31, 1982. Those areas that submitted an attainment demonstration
projecting attainment by that date were required to adopt RACT for
sources covered by the Group I and II CTGs. Areas, such as New Jersey,
that sought an extension of the attainment date under section 172(a)(2)
to as late as December 31, 1987 were required to adopt RACT for all CTG
sources and for all major (i.e., 100 ton per year or more of VOC
emissions) non-CTG sources.
In the mid and late 1980's, EPA issued SIP Calls, notifying
numerous states that they contained nonattainment areas that had failed
to attain the ozone standard. In the SIP Calls, EPA required states to
correct deficiencies in their existing RACT rules and to adopt rules
that were required but not yet adopted. Under the amended Act, section
182(a)(2)(A) requires states to correct these RACT rules by May 15,
1991. New Jersey submitted its RACT fix-up rules to EPA on March 13,
1992, which EPA approved on April 15, 1994 (59 FR 17933). Thus New
Jersey has met the RACT fix up requirement and no further action needs
to be taken with respect to this requirement in today's action.
The second provision, set forth in section 182(b)(2) applies to
moderate (and above) ozone nonattainment areas. The goal of this
provision is to ensure that areas, that were not required previously to
adopt RACT for some or all of the CTGs or for major stationary sources
not covered by a CTG, adopt rules and ``catch-up'' to those areas
previously subject to more stringent RACT requirements. In addition,
the RACT catch-up provision requires those areas for which the major
source definition has been lowered to adopt RACT for those sources now
covered by the more stringent major stationary source definition.
Section 182(b)(2) sets forth three requirements for the purpose of
achieving those goals. First 182(b)(2) requires states to adopt RACT
for sources subject to pre-enactment CTGs. Next, this provision
requires states to adopt RACT for all sources subject to any new CTGs
issued after enactment of the Amendments. Finally, section 182(b)(2)
requires RACT for all major stationary sources not subject to a CTG.
Section 182(b)(2) requires these rules to be submitted to EPA by
November 15, 1992. Moreover, under section 185, all areas in the Ozone
Transport Region, which includes all of New Jersey are subject to this
requirement.
New Jersey has met the RACT requirement as it applies to sources
for which there was a pre-enactment CTG. New Jersey has adopted rules
for all but three of the pre-enactment CTGs and incorporated them into
Subchapter 16, ``Control and Prohibition of Air Pollutants by Volatile
Organic Compounds.'' The three CTG source categories for which New
Jersey has not incorporated specific control requirements into
Subchapter 16 are: rubber tire manufacturing; high density
polyethylene, polypropylene and polystyrene resin manufacturing and air
oxidation processes in synthetic organic chemical manufacturing
industry facilities. In its 1982 SIP for the Attainment and Maintenance
of the Ozone and Carbon Monoxide National Ambient Air Quality
Standards, New Jersey declared that it had no rubber tire manufacturing
facilities. EPA approved this declaration on November 9, 1983. New
Jersey reaffirmed this declaration in its November 15, 1992 submittal.
New Jersey submitted on March 31, 1987, and supplemented on May 4,
1991, an equivalency demonstration which showed that high density
polyethylene, polypropylene and polystyrene resin processes would be
regulated under general provisions contained in both Subchapter 8 and
Subchapter 16. An equivalency demonstration must show that the state
rules applicable to the source category result in emissions within five
percent of the emissions that would result from the control
requirements recommended by the CTG. EPA approved this demonstration on
October 9, 1991. On November 21, 1989, New Jersey submitted an
equivalency demonstration showing that air oxidation processes at
synthetic organic chemical manufacturing industry facilities would be
regulated under general provisions contained in both Subchapter 8 and
Subchapter 16. This submittal was supplemented on May 10, 1991. EPA
approved this demonstration on September 24, 1991. EPA is approving New
Jersey's reaffirmation that there are no rubber tire manufacturing
sources in New Jersey. As a result of EPA's approval of New Jersey's
negative declaration and of New Jersey's equivalency demonstrations,
EPA finds that New Jersey has fully approved rules for all pre-
enactment CTGs.
As to the requirement for adopting RACT for sources subject to a
post-enactment CTG, New Jersey has followed the process set forth by
EPA in its CTG document issued as appendix B to the General Preamble.
In appendix B, EPA provided that states could delay submission of non-
CTG rules for those sources the state anticipates will be covered by
one of EPA's 11 proposed post-enactment CTGs. Section 183(a) requires
EPA to issue these 11 CTGs by November 15, 1993. Pursuant to the
procedure established in appendix B, New Jersey is required to adopt
regulations in accordance with a CTG issued by November 15, 1993, in
accordance with the schedule set forth by EPA. In the alternative, for
source categories for which a CTG is not issued by that date, the State
will adopt RACT for those source categories by November 15, 1994.
Appendix B also requires states to submit a list of sources that it
anticipates will be covered by such a CTG. As part of its November 15,
1992 submittal, New Jersey submitted a list of sources that it
anticipates will be covered by such a CTG. New Jersey also indicated
that it intends to adopt RACT regulations for all of those sources by
the required date.
On November 15, 1993, EPA published a CTG for reactor processes and
distillation operations in the synthetic organic chemical manufacturing
industry. On March 23, 1994, in 56 FR 13717, EPA published an addendum
to that CTG. In that addendum EPA explained that states are required to
adopt RACT rules for this CTG category by March 23, 1995 and that
sources must be in compliance with these rules no later than November
15, 1996. EPA did not publish any additional CTGs by the November 15,
1993 deadline. Therefore, in order to meet the appendix B requirement,
New Jersey must adopt RACT rules for reactor processes and distillation
operations in the synthetic organic chemical manufacturing industry by
March 23, 1995. In addition, New Jersey must adopt RACT rules for all
major sources which would be subject to other post-enactment CTG
categories by November 15, 1994.
Finally, New Jersey was required to submit by November 15, 1992,
non-CTG RACT rules for all major sources not covered by a pre-enactment
CTG and not anticipated to be covered by a post-enactment CTG. New
Jersey failed to submit such regulations on the required date and on
January 15, 1993, EPA notified the Governor of New Jersey that it was
starting the 18-month sanction process required by section 179(a) of
the Act. On November 15, 1993, New Jersey made submittals intending to
meet this requirement. EPA determined that this submittal was complete
on December 29, 1993. This determination stopped the sanction process.
EPA will be taking action on this state submittal in a separate Federal
Register action.
Summary
In this rulemaking, EPA is approving New Jersey's reaffirmation
that there are no major sources of rubber tire manufacturing in New
Jersey. In addition EPA finds that this reaffirmation along with New
Jersey's previously approved regulations and demonstrations fulfills
the section 182(b)(2) RACT catch-up requirements to adopt RACT
requirements for all sources for which EPA issued a CTG before the 1990
amendments to the Act.
Nothing in this rule should be construed as permitting or allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. Thus, this direct final action
will be effective November 28, 1994 unless, by October 27, 1994,
adverse or critical comments are received.
If the EPA receives such comments, this rule will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this rule should
do so at this time. If no adverse comments are received, the public is
advised that this rule will be effective November 28, 1994. (See 47 FR
27073 and 59 FR 24059).
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moveover, due to the nature of the Federal-state relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v
USEPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
This rule has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Under section 307(b)(l) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 26, 1994.
William J. Muszynski, P.E.,
Deputy Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart FF--New Jersey
2. Section 52.1582 is amended by adding new paragraph (c) to read
as follows:
Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic
substances) and carbon monoxide.
* * * * *
(c) The November 15, 1993 SIP revision submitted by the New Jersey
Department of Environmental Protection and Energy demonstrates the
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to
adopt RACT regulations for all sources for which EPA has issued a CTG
before enactment of the 1990 Clean Air Act.
[FR Doc. 94-23695 Filed 9-26-94; 8:45 am]
BILLING CODE 6560-50-F
