82_FR_21430 82 FR 21343 - Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey

82 FR 21343 - Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21343-21346
FR Document2017-09175

The Environmental Protection Agency (EPA) is proposing to approve two revisions to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of two source-specific reasonably available control technology (RACT) determinations for controlling oxides of nitrogen. One is for the Transcontinental Gas Pipeline Corp., LNG Station 240 located in Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix- Lakehurst in Lakehurst, New Jersey. This action proposes to approve the source-specific RACT determinations that were made by New Jersey in accordance with the provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this proposed rule is to approve source-specific emissions limitations required by the Clean Air Act.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21343-21346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09175]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No., EPA-R02-OAR-2016-0766; FRL-9961-21-Region 2]


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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two revisions to the State Implementation Plan (SIP) for ozone 
submitted by the State of New Jersey. This SIP revision consists of two 
source-specific reasonably available control technology (RACT) 
determinations for controlling oxides of nitrogen. One is for the 
Transcontinental Gas Pipeline Corp., LNG Station 240 located in 
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action proposes to approve the 
source-specific RACT determinations that were made by New Jersey in 
accordance with the provisions of its regulation to help meet the 
national ambient air quality standard for ozone. The intended effect of 
this proposed rule is to approve source-specific emissions limitations 
required by the Clean Air Act.

[[Page 21344]]


DATES: Comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0766, at http://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella 
[email protected] at the U.S. Environmental Protection Agency, 
Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, 
telephone number (212) 637-4249, fax number (212) 637-3901.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. The EPA's Proposed Action
    A. What action is the EPA proposing today?
    B. Why is the EPA proposing this action?
    C. What are the Clean Air Act requirements for NOX 
RACT?
    D. What is the EPA's evaluation of New Jersey's SIP Revision?
II. New Jersey's SIP Revision
    A. What are New Jersey's NOX RACT requirements?
    B. What are New Jersey's facility specific NOX RACT 
requirements?
    C. When was New Jersey's RACT determination proposed and 
adopted?
    D. When was New Jersey's proposed SIP revision submitted to the 
EPA?
III. Conclusion
IV. Statutory and Executive Order Reviews

I. The EPA's Proposed Action

A. What action is the EPA proposing today?

    The EPA is proposing to approve two source-specific State 
Implementation Plan (SIP) revisions for ozone submitted by the State of 
New Jersey. These SIP revisions relate to New Jersey's oxides of 
nitrogen (NOX) reasonably available control technology 
(RACT) determinations for the Transcontinental Gas Pipeline Corp., LNG 
Station 240 (Transco-240) located in Carlstadt, New Jersey, Bergen 
County and for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in 
Lakehurst, New Jersey, Ocean County. These SIP revisions were submitted 
to the EPA for approval on July 1, 2014 and July 25, 2016 respectively. 
The determinations are for the four natural gas-fired water bath 
heaters at the Transco-240 facility and the two natural gas-fired 
boilers (Nos 2 and 3) at the JB-MDL facility.

B. Why is the EPA proposing this action?

    The EPA is proposing this action to:
     Give the public the opportunity to submit comments on the 
EPA's proposed action, as discussed in the DATES and ADDRESSES 
sections.
     Fulfill New Jersey's and the EPA's requirements under the 
Clean Air Act (Act).
     Make New Jersey's RACT determination federally-
enforceable.

C. What are the Clean Air Act requirements for NOX RACT?

    The Act requires certain states to develop RACT regulations for 
stationary sources of NOX and to provide for the 
implementation of the required measures as soon as practicable. For 
detailed information on the requirements of the Act for NOX 
RACT and for the EPA's technical evaluation of New Jersey's SIP 
revision, see the Technical Support Document (TSD), prepared in support 
of this proposed action. A copy of the TSD is available in the Docket 
for this action, and by contacting the individual in the For Further 
Information Section.

D. What is the EPA's evaluation of New Jersey's SIP revision?

    The EPA has determined that New Jersey's proposed SIP revisions for 
the NOX RACT determinations for Transco-240 and JB-MDL are 
consistent with New Jersey's NOX RACT regulation and the 
EPA's guidance. The EPA's basis for evaluating New Jersey's proposed 
SIP revisions is whether they meet the SIP requirements described in 
section 110 of the Act. The EPA has determined that New Jersey's 
proposed SIP revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the Act.
    The EPA has determined that the NOX emission limits 
identified in New Jersey's Conditions of Approval document and 
alternative emission limit compliance plan represent RACT for Transco-
240 and JB-MDL respectively. The conditions contained in these 
documents currently specify emissions limits, work practice standards, 
testing, monitoring, and recordkeeping/reporting requirements. These 
conditions are consistent with the NOX RACT requirements 
specified in Subchapter 19 of Chapter 27, Title 7 of the New Jersey 
Administrative Code and conform to the EPA's NOX RACT 
guidance. More specifically, the EPA proposes to approve the current 
Conditions of Approval document for Transco-240 which includes the 
following:
    1. The emission rate of NOX from each water bath heater, 
while firing natural gas, shall not exceed 0.10 pounds per million 
British thermal units (lb/MMBTU);
    2. The total emission rate of NOX from all four water 
bath heaters, while combusting natural gas shall not exceed 6.7 tons 
per year;
    3. Transco-240 shall operate the four natural gas-fired water bath 
heaters for a combined total of 1600 hours per year or less;
    4. Transco-240 shall not operate the four water bath heaters during 
the ozone season; and
    5. The flue gas recirculation (FGR) system shall operate at all 
times the heater is operating.

For JB-MDL, the EPA proposes to approve the alternative emission limit 
compliance plan which includes the following:
    1. An alternative NOX Emission Limit (AEL) of 0.1 lb/
MMBTU for boiler #2 and boiler #3 pursuant to N.J.A.C.7:27-19.13; and
    2. Decrease in natural gas use from 181.43 to 108.6 million cubic 
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per 
year for boiler #3.
In addition, the documents for both facilities specify the 
NOX emissions limits, combustion process adjustments 
mentioned above, emission testing, monitoring, recordkeeping and 
reporting requirements, which States and sources will need to provide 
for through the Title V permitting process.

II. New Jersey's SIP Revision

A. What are New Jersey's NOX RACT requirements?

    New Jersey's NOX RACT requirements are contained in 
Subchapter 19 entitled ``Control And Prohibition of Air Pollution From 
Oxides of Nitrogen'', of Chapter 27, Title 7 of the New Jersey

[[Page 21345]]

Administrative Code. New Jersey has made numerous revisions to 
Subchapter 19 since the original SIP submission. The current SIP 
approved version of Subchapter 19 was approved by the EPA on August 3, 
2010 (75 FR 45483). New Jersey RACT requirements specify the emission 
rate of NOX from each water bath or boiler, while firing 
natural gas, shall not exceed 0.10 lb/MMBTU. The maximum allowable 
emission limit becomes effective on the effective date of EPA's 
approval, as published in the Federal Register, of New Jersey's SIP 
revision for the AEL. Until EPA's approval becomes effective, the 
maximum allowable emission rate for each water bath heater or boiler is 
0.05 lb/MMBTU, as required by Subchapter 19.

B. What are New Jersey's facility-specific NOX RACT requirements?

    Section 19.13 of New Jersey's regulation establishes a procedure 
for a case-by-case determination of what represents RACT for a major 
NOX facility, item of equipment, or source operation. This 
procedure applies to facilities considered major for NOX, 
which are in one of the following two situations: (1) If the 
NOX facility contains any source operation or item of 
equipment of a category not listed in section 19.2(b) or (c) 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(b) or (c) seeks approval of an 
alternative maximum allowable emission rate. This proposal applies to 
both facilities for the second situation listed above.
    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/operators must include a technical and economic feasibility 
analysis of the possible alternative control measures. 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 alternative maximum allowable 
emission rate must be submitted to the EPA for approval as a SIP 
revision.

C. When was New Jersey's RACT determination proposed and adopted?

    New Jersey's RACT determination for Transco-240 was proposed on 
March 26, 2014, with the public comment period ending April 25, 2014. 
New Jersey approved the RACT determination on June 12, 2014. New 
Jersey's RACT determination for JB-MDL was proposed on June 8, 2016, 
with the public comment period ending July 8, 2016. New Jersey approved 
the RACT determination on August 26, 2016. New Jersey did not receive 
any comments during either of the two comment periods.

D. When was New Jersey's SIP revision submitted to the EPA?

    New Jersey's SIP revision for Transco-240 was submitted to the EPA 
on July 1, 2014 and New Jersey's SIP revision for JB-MDL was submitted 
on July 25, 2016. By operation of law the submittals were deemed 
administratively and technically complete six months from the submittal 
dates.

III. Conclusion

    The EPA is proposing to approve the New Jersey SIP revisions for 
alternative RACT emission limit determinations for the following two 
sources: (1) The four water bath heaters for the Transcontinental Gas 
Pipeline Corp., LNG Station 240 which includes source-specific 
NOX emissions limits, combustion process adjustments, 
emission testing, monitoring, recordkeeping and reporting requirements; 
and (2) the two boilers (No's 2 and 3) for the Joint Base McGuire-Dix-
Lakehurst which includes source-specific NOX emissions 
limits, combustion process adjustments, emission testing, monitoring, 
recordkeeping and reporting requirements. The EPA is proposing to 
approve these revisions since the evaluated alternative control 
measures at both facilities were determined not to be economically 
feasible. In addition, the revised RACT requirements will include 
limits on fuel use and total number of hours of operation at 
Transcontinental Gas Pipeline Corp., LNG Station 240 and limits on fuel 
use resulting in a decrease in natural gas use at Joint Base McGuire-
Dix-Lakehurst. The EPA will consider all comments submitted prior to 
any final rulemaking action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and the EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.


[[Page 21346]]


    Dated: March 23, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-09175 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                                                    21343

                                                      TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
                                                                                                                                                   Sector Upper
                                                           Date                                 Sponsor/name                                        Mississippi                                    Safety zone
                                                                                                                                                   River location

                                                 29. 1 day—Last week-        Bellevue Heritage Days/Bellevue Heritage                     Bellevue, IA ........................    Upper Mississippi River mile marker 556.0
                                                   end in June/First           Days.                                                                                                 to 556.5.
                                                   weekend in July.
                                                 30. 1 day—4th of July       Main Street Parkway Association/Parkville                    Parkville, MO ......................     Missouri River mile marker 378.0 to 377.5.
                                                   weekend.                    4th of July Fireworks.
                                                 31. 1 day—4th of July       Hermann Chamber of Commerce/Hermann                          Hermann, MO .....................        Missouri River mile marker 097.0 to 098.0
                                                   weekend.                    4th of July.                                                                                            (Missouri).
                                                 32. 1 day—4th of July       Grafton Chamber of Commerce/Grafton                          Grafton, IL ..........................   Illinois River mile marker 001.5 to 000.5 (Il-
                                                   weekend.                    Chamber 4th of July Fireworks.                                                                          linois).
                                                 33. 1 day—4th of July       Salute to America Foundation, Inc./Salute                    Jefferson City, MO .............         Missouri River mile marker 143.5 to 143.0
                                                   weekend.                    to America.                                                                                             (Missouri).
                                                 34. 1 day—4th of July       McGregor/Marquette Chamber Commerce/                         McGregor, IA ......................      Upper Mississippi River mile marker 635.7
                                                   weekend.                    Independence Day Celebration.                                                                           to 634.2.
                                                 35. 2 days—2nd week-        Tug Committee/Great River Tug .................              Port Byron, IL .....................     Upper Mississippi River mile marker 497.2
                                                   end in August.                                                                                                                      to 497.6 (Illinois).
                                                 36. 1 day—4th of July       City of Stillwater/St. Croix Events/Stillwater               Stillwater, MN .....................     St. Croix River mile marker 022.9 to 023.5
                                                   weekend.                    4th of July.                                                                                            (Minnesota).
                                                 37. 2 days—3rd week-        Riverside Chamber of Commerce/Riverfest                      Riverside, MO .....................      Missouri River mile marker 371.8 to 372.2.
                                                   end of September.
                                                 38. 4 days—3rd week         St. Croix Events/Lumberjack Days .............               Stillwater, MN .....................     St. Croix River mile marker 022.9 to 023.5
                                                   of July.                                                                                                                          (Minnesota).
                                                 39. 2 days—Weekend          Lake of the Ozarks Shootout, Inc./Lake of                    Lake of the Ozarks, MO .....             Lake of the Ozarks mile marker 032.5 to
                                                   that precedes Labor         the Ozarks Shootout.                                                                                  034.5.
                                                   Day Weekend.
                                                 40. 2 days—1st week-        City of Keithsburg/Keithsburg Fireworks                      Keithsburg, IL .....................     Upper Mississippi River mile marker 427.5
                                                   end of September.           Display.                                                                                              to 427.3.
                                                 41. 1 day—4th of July       City of East Moline/City of East Moline                      East Moline, IA ...................      Upper Mississippi River mile marker 490.2
                                                   weekend.                    Fireworks.                                                                                            to 489.8.
                                                 42. 2nd Weekend in          Lansing Lion’s Club/Lansing Fish Days                        Lansing, IA .........................    Upper Mississippi River mile marker 662.8–
                                                   August.                     Fireworks.                                                                                            663.9.
                                                 43. 3rd Weekend in          River Action/Floatzilla ..................................   Rock Island, Illinois ............       Upper Mississippi River mile marker 479.0–
                                                   August.                                                                                                                           486.0.
                                                 44. 1 day—Weekend           Main Street Parkway Association/Parkville                    Parkville, MO ......................     Missouri River mile marker 377.5 to 378.0.
                                                   before Thanksgiving.        Christmas on the River.
                                                 45. 1 day—4th of July       City of Marquette/Marquette Independence                     Marquette, IA ......................     Upper Mississippi River mile marker 634.2
                                                   weekend.                    Day Celebration.                                                                                      to 635.7.
                                                 46. 1 day—1st Week-         St. Louis Brewers Guild Festival Fireworks                   St. Louis, MO .....................      Upper Mississippi River mile marker 179.2–
                                                   end in June.                                                                                                                      180.
                                                 47. 1 day—4th Week-         Lumiere Place/Memorial Day Fireworks .....                   St. Louis, MO .....................      Upper Mississippi River mile marker 180–
                                                   end in May.                                                                                                                       180.5.
                                                 48. 1 day—1st Week-         Lumiere Place/4th of July Fireworks ...........              St. Louis, MO .....................      Upper Mississippi River mile marker 180–
                                                   end in July.                                                                                                                      180.5.
                                                 49. 1 day—1st Week-         Lumiere Place/Labor Day Fireworks ...........                St. Louis, MO .....................      Upper Mississippi River mile marker 180–
                                                   end in September.                                                                                                                 180.5.



                                                   Dated March 31, 2017.                                    ENVIRONMENTAL PROTECTION                                          submitted by the State of New Jersey.
                                                 M.L. Malloy,                                               AGENCY                                                            This SIP revision consists of two source-
                                                 Captain, U.S. Coast Guard, Captain of the                                                                                    specific reasonably available control
                                                 Port Upper Mississippi River.                              40 CFR Part 52                                                    technology (RACT) determinations for
                                                 [FR Doc. 2017–09235 Filed 5–5–17; 8:45 am]                                                                                   controlling oxides of nitrogen. One is for
                                                                                                            [Docket No., EPA–R02–OAR–2016–0766;
                                                 BILLING CODE 9110–04–P                                     FRL–9961–21–Region 2]                                             the Transcontinental Gas Pipeline Corp.,
                                                                                                                                                                              LNG Station 240 located in Carlstadt,
                                                                                                            Approval and Promulgation of                                      New Jersey and the other is for Joint
                                                                                                            Implementation Plans; Reasonably                                  Base McGuire-Dix-Lakehurst in
                                                                                                            Available Control Technology for                                  Lakehurst, New Jersey. This action
                                                                                                            Oxides of Nitrogen for Specific                                   proposes to approve the source-specific
                                                                                                            Sources in the State of New Jersey                                RACT determinations that were made
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                                                                                              by New Jersey in accordance with the
                                                                                                            AGENCY:  Environmental Protection
                                                                                                            Agency (EPA).                                                     provisions of its regulation to help meet
                                                                                                                                                                              the national ambient air quality
                                                                                                            ACTION: Proposed rule.
                                                                                                                                                                              standard for ozone. The intended effect
                                                                                                            SUMMARY:  The Environmental Protection                            of this proposed rule is to approve
                                                                                                            Agency (EPA) is proposing to approve                              source-specific emissions limitations
                                                                                                            two revisions to the State                                        required by the Clean Air Act.
                                                                                                            Implementation Plan (SIP) for ozone


                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001    PO 00000      Frm 00016     Fmt 4702     Sfmt 4702     E:\FR\FM\08MYP1.SGM        08MYP1


                                                 21344                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                 DATES:  Comments must be received on                    by the State of New Jersey. These SIP                 Jersey’s Conditions of Approval
                                                 or before June 7, 2017.                                 revisions relate to New Jersey’s oxides               document and alternative emission limit
                                                 ADDRESSES: Submit your comments,                        of nitrogen (NOX) reasonably available                compliance plan represent RACT for
                                                 identified by Docket ID Number EPA–                     control technology (RACT)                             Transco-240 and JB–MDL respectively.
                                                 R02–OAR–2016–0766, at http://                           determinations for the Transcontinental               The conditions contained in these
                                                 www.regulations.gov. Follow the on-line                 Gas Pipeline Corp., LNG Station 240                   documents currently specify emissions
                                                 instructions for submitting comments.                   (Transco-240) located in Carlstadt, New               limits, work practice standards, testing,
                                                 Once submitted, comments cannot be                      Jersey, Bergen County and for Joint Base              monitoring, and recordkeeping/
                                                 edited or removed from Regulations.gov.                 McGuire-Dix-Lakehurst (JB–MDL)                        reporting requirements. These
                                                 The EPA may publish any comment                         located in Lakehurst, New Jersey, Ocean               conditions are consistent with the NOX
                                                 received to its public docket. Do not                   County. These SIP revisions were                      RACT requirements specified in
                                                 submit electronically any information                   submitted to the EPA for approval on                  Subchapter 19 of Chapter 27, Title 7 of
                                                 you consider to be Confidential                         July 1, 2014 and July 25, 2016                        the New Jersey Administrative Code and
                                                 Business Information (CBI) or other                     respectively. The determinations are for              conform to the EPA’s NOX RACT
                                                 information whose disclosure is                         the four natural gas-fired water bath                 guidance. More specifically, the EPA
                                                 restricted by statute. Multimedia                       heaters at the Transco-240 facility and               proposes to approve the current
                                                 submissions (audio, video, etc.) must be                the two natural gas-fired boilers (Nos 2              Conditions of Approval document for
                                                 accompanied by a written comment.                       and 3) at the JB–MDL facility.                        Transco-240 which includes the
                                                 The written comment is considered the                                                                         following:
                                                                                                         B. Why is the EPA proposing this
                                                 official comment and should include                                                                              1. The emission rate of NOX from each
                                                                                                         action?
                                                 discussion of all points you wish to                                                                          water bath heater, while firing natural
                                                 make. The EPA will generally not                          The EPA is proposing this action to:                gas, shall not exceed 0.10 pounds per
                                                 consider comments or comment                              • Give the public the opportunity to                million British thermal units (lb/
                                                 contents located outside of the primary                 submit comments on the EPA’s                          MMBTU);
                                                 submission (i.e., on the web, cloud, or                 proposed action, as discussed in the                    2. The total emission rate of NOX from
                                                 other file sharing system). For                         DATES and ADDRESSES sections.                         all four water bath heaters, while
                                                 additional submission methods, the full                   • Fulfill New Jersey’s and the EPA’s                combusting natural gas shall not exceed
                                                 EPA public comment policy,                              requirements under the Clean Air Act                  6.7 tons per year;
                                                 information about CBI or multimedia                     (Act).                                                   3. Transco-240 shall operate the four
                                                 submissions, and general guidance on                      • Make New Jersey’s RACT                            natural gas-fired water bath heaters for
                                                 making effective comments, please visit                 determination federally-enforceable.                  a combined total of 1600 hours per year
                                                 http://www2.epa.gov/dockets/                            C. What are the Clean Air Act                         or less;
                                                 commenting-epa-dockets.                                 requirements for NOX RACT?                               4. Transco-240 shall not operate the
                                                 FOR FURTHER INFORMATION CONTACT:                                                                              four water bath heaters during the ozone
                                                                                                           The Act requires certain states to                  season; and
                                                 Anthony (Ted) Gardella                                  develop RACT regulations for stationary
                                                 gardella.anthony@epa.gov at the U.S.                                                                             5. The flue gas recirculation (FGR)
                                                                                                         sources of NOX and to provide for the                 system shall operate at all times the
                                                 Environmental Protection Agency, Air                    implementation of the required
                                                 Programs Branch, 290 Broadway, 25th                                                                           heater is operating.
                                                                                                         measures as soon as practicable. For
                                                 Floor, New York, NY 10007–1866,                                                                               For JB–MDL, the EPA proposes to
                                                                                                         detailed information on the
                                                 telephone number (212) 637–4249, fax                                                                          approve the alternative emission limit
                                                                                                         requirements of the Act for NOX RACT
                                                 number (212) 637–3901.                                                                                        compliance plan which includes the
                                                                                                         and for the EPA’s technical evaluation
                                                 SUPPLEMENTARY INFORMATION:                                                                                    following:
                                                                                                         of New Jersey’s SIP revision, see the
                                                                                                                                                                  1. An alternative NOX Emission Limit
                                                 Table of Contents                                       Technical Support Document (TSD),
                                                                                                                                                               (AEL) of 0.1 lb/MMBTU for boiler #2
                                                                                                         prepared in support of this proposed
                                                 I. The EPA’s Proposed Action                                                                                  and boiler #3 pursuant to N.J.A.C.7:27–
                                                                                                         action. A copy of the TSD is available
                                                    A. What action is the EPA proposing                                                                        19.13; and
                                                       today?
                                                                                                         in the Docket for this action, and by                   2. Decrease in natural gas use from
                                                    B. Why is the EPA proposing this action?             contacting the individual in the For                  181.43 to 108.6 million cubic feet
                                                    C. What are the Clean Air Act requirements           Further Information Section.                          (MMft3) per year for boiler #2 and from
                                                       for NOX RACT?                                                                                           113.04 to 57 MMft3 per year for boiler
                                                    D. What is the EPA’s evaluation of New
                                                                                                         D. What is the EPA’s evaluation of New
                                                       Jersey’s SIP Revision?                            Jersey’s SIP revision?                                #3.
                                                 II. New Jersey’s SIP Revision                             The EPA has determined that New                     In addition, the documents for both
                                                    A. What are New Jersey’s NOX RACT                    Jersey’s proposed SIP revisions for the               facilities specify the NOX emissions
                                                       requirements?                                     NOX RACT determinations for Transco-                  limits, combustion process adjustments
                                                    B. What are New Jersey’s facility specific                                                                 mentioned above, emission testing,
                                                       NOX RACT requirements?                            240 and JB–MDL are consistent with
                                                                                                         New Jersey’s NOX RACT regulation and                  monitoring, recordkeeping and
                                                    C. When was New Jersey’s RACT                                                                              reporting requirements, which States
                                                       determination proposed and adopted?               the EPA’s guidance. The EPA’s basis for
                                                    D. When was New Jersey’s proposed SIP                evaluating New Jersey’s proposed SIP                  and sources will need to provide for
                                                       revision submitted to the EPA?                    revisions is whether they meet the SIP                through the Title V permitting process.
                                                 III. Conclusion
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                                                                                                         requirements described in section 110 of              II. New Jersey’s SIP Revision
                                                 IV. Statutory and Executive Order Reviews               the Act. The EPA has determined that
                                                                                                         New Jersey’s proposed SIP revisions                   A. What are New Jersey’s NOX RACT
                                                 I. The EPA’s Proposed Action                                                                                  requirements?
                                                                                                         will not interfere with any applicable
                                                 A. What action is the EPA proposing                     requirement concerning attainment and                    New Jersey’s NOX RACT requirements
                                                 today?                                                  reasonable further progress, or any other             are contained in Subchapter 19 entitled
                                                   The EPA is proposing to approve two                   applicable requirement of the Act.                    ‘‘Control And Prohibition of Air
                                                 source-specific State Implementation                      The EPA has determined that the NOX                 Pollution From Oxides of Nitrogen’’, of
                                                 Plan (SIP) revisions for ozone submitted                emission limits identified in New                     Chapter 27, Title 7 of the New Jersey


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                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                                 21345

                                                 Administrative Code. New Jersey has                     2014, with the public comment period                  they meet the criteria of the Clean Air
                                                 made numerous revisions to Subchapter                   ending April 25, 2014. New Jersey                     Act. Accordingly, this action merely
                                                 19 since the original SIP submission.                   approved the RACT determination on                    approves state law as meeting Federal
                                                 The current SIP approved version of                     June 12, 2014. New Jersey’s RACT                      requirements and does not impose
                                                 Subchapter 19 was approved by the EPA                   determination for JB–MDL was                          additional requirements beyond those
                                                 on August 3, 2010 (75 FR 45483). New                    proposed on June 8, 2016, with the                    imposed by state law. For that reason,
                                                 Jersey RACT requirements specify the                    public comment period ending July 8,                  this action:
                                                 emission rate of NOX from each water                    2016. New Jersey approved the RACT                       • Is not a ‘‘significant regulatory
                                                 bath or boiler, while firing natural gas,               determination on August 26, 2016. New                 action’’ subject to review by the Office
                                                 shall not exceed 0.10 lb/MMBTU. The                     Jersey did not receive any comments                   of Management and Budget under
                                                 maximum allowable emission limit                        during either of the two comment                      Executive Order 12866 (58 FR 51735,
                                                 becomes effective on the effective date                 periods.                                              October 4, 1993);
                                                 of EPA’s approval, as published in the                                                                           • does not impose an information
                                                                                                         D. When was New Jersey’s SIP revision                 collection burden under the provisions
                                                 Federal Register, of New Jersey’s SIP
                                                                                                         submitted to the EPA?                                 of the Paperwork Reduction Act (44
                                                 revision for the AEL. Until EPA’s
                                                 approval becomes effective, the                            New Jersey’s SIP revision for Transco-             U.S.C. 3501 et seq.);
                                                 maximum allowable emission rate for                     240 was submitted to the EPA on July                     • is certified as not having a
                                                 each water bath heater or boiler is 0.05                1, 2014 and New Jersey’s SIP revision                 significant economic impact on a
                                                 lb/MMBTU, as required by Subchapter                     for JB–MDL was submitted on July 25,                  substantial number of small entities
                                                 19.                                                     2016. By operation of law the submittals              under the Regulatory Flexibility Act (5
                                                                                                         were deemed administratively and                      U.S.C. 601 et seq.);
                                                 B. What are New Jersey’s facility-specific              technically complete six months from                     • does not contain any unfunded
                                                 NOX RACT requirements?                                  the submittal dates.                                  mandate or significantly or uniquely
                                                    Section 19.13 of New Jersey’s                                                                              affect small governments, as described
                                                                                                         III. Conclusion
                                                 regulation establishes a procedure for a                                                                      in the Unfunded Mandates Reform Act
                                                 case-by-case determination of what                         The EPA is proposing to approve the                of 1995 (Pub. L. 104–4);
                                                 represents RACT for a major NOX                         New Jersey SIP revisions for alternative                 • does not have Federalism
                                                 facility, item of equipment, or source                  RACT emission limit determinations for                implications as specified in Executive
                                                 operation. This procedure applies to                    the following two sources: (1) The four               Order 13132 (64 FR 43255, August 10,
                                                 facilities considered major for NOX,                    water bath heaters for the                            1999);
                                                 which are in one of the following two                   Transcontinental Gas Pipeline Corp.,                     • is not an economically significant
                                                 situations: (1) If the NOX facility                     LNG Station 240 which includes source-                regulatory action based on health or
                                                 contains any source operation or item of                specific NOX emissions limits,                        safety risks subject to Executive Order
                                                 equipment of a category not listed in                   combustion process adjustments,                       13045 (62 FR 19885, April 23, 1997);
                                                 section 19.2(b) or (c) which has the                    emission testing, monitoring,                            • is not a significant regulatory action
                                                 potential to emit more than 10 tons of                  recordkeeping and reporting                           subject to Executive Order 13211 (66 FR
                                                 NOX per year, or (2) if the owner or                    requirements; and (2) the two boilers                 28355, May 22, 2001);
                                                 operator of a source operation or item of               (No’s 2 and 3) for the Joint Base                        • is not subject to requirements of
                                                 equipment of a category listed in section               McGuire-Dix-Lakehurst which includes                  Section 12(d) of the National
                                                 19.2(b) or (c) seeks approval of an                     source-specific NOX emissions limits,                 Technology Transfer and Advancement
                                                 alternative maximum allowable                           combustion process adjustments,                       Act of 1995 (15 U.S.C. 272 note) because
                                                 emission rate. This proposal applies to                 emission testing, monitoring,                         application of those requirements would
                                                 both facilities for the second situation                recordkeeping and reporting                           be inconsistent with the Clean Air Act;
                                                 listed above.                                           requirements. The EPA is proposing to                 and
                                                    New Jersey’s procedure requires                      approve these revisions since the                        • does not provide the EPA with the
                                                 either submission of a NOX control plan,                evaluated alternative control measures                discretionary authority to address, as
                                                 if specific emission limitations do not                 at both facilities were determined not to             appropriate, disproportionate human
                                                 apply to the specific source, or                        be economically feasible. In addition,                health or environmental effects, using
                                                 submission of a request for an                          the revised RACT requirements will                    practicable and legally permissible
                                                 alternative maximum allowable                           include limits on fuel use and total                  methods, under Executive Order 12898
                                                 emission rate if specific emission                      number of hours of operation at                       (59 FR 7629, February 16, 1994).
                                                 limitations do apply to the specific                    Transcontinental Gas Pipeline Corp.,                  In addition, this rule does not have
                                                 source. In either case, the owners/                     LNG Station 240 and limits on fuel use                tribal implications as specified by
                                                 operators must include a technical and                  resulting in a decrease in natural gas use            Executive Order 13175 (65 FR 67249,
                                                 economic feasibility analysis of the                    at Joint Base McGuire-Dix-Lakehurst.                  November 9, 2000), because the SIP is
                                                 possible alternative control measures.                  The EPA will consider all comments                    not approved to apply in Indian country
                                                 Also, in either case, Subchapter 19                     submitted prior to any final rulemaking               located in the state, and the EPA notes
                                                 requires that New Jersey establish                      action.                                               that it will not impose substantial direct
                                                 emission limits which rely on a RACT                                                                          costs on tribal governments or preempt
                                                                                                         IV. Statutory and Executive Order                     tribal law. Thus, Executive Order 13175
                                                 determination specific to the facility.
                                                                                                         Reviews                                               does not apply to this action.
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                                                 The resulting NOX control plan or
                                                 alternative maximum allowable                             Under the Clean Air Act, the                        List of Subjects in 40 CFR Part 52
                                                 emission rate must be submitted to the                  Administrator is required to approve a
                                                                                                         SIP submission that complies with the                   Environmental protection, Air
                                                 EPA for approval as a SIP revision.
                                                                                                         provisions of the Act and applicable                  pollution control, Incorporation by
                                                 C. When was New Jersey’s RACT                           Federal regulations. 42 U.S.C. 7410(k);               reference, Intergovernmental relations,
                                                 determination proposed and adopted?                     40 CFR 52.02(a). Thus, in reviewing SIP               Nitrogen dioxide, Ozone, Reporting and
                                                   New Jersey’s RACT determination for                   submissions, the EPA’s role is to                     recordkeeping requirements.
                                                 Transco-240 was proposed on March 26,                   approve state choices, provided that                    Authority: 42 U.S.C. 7401 et seq.



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                                                 21346                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                   Dated: March 23, 2017.                                contact the person identified in the FOR              Commissioner of the Maine DEP
                                                 Catherine R. McCabe,                                    FURTHER INFORMATION CONTACT          section.         submitted a request to the EPA on
                                                 Acting Regional Administrator, Region 2.                For the full EPA public comment policy,               March 10, 2014, modifying Maine’s
                                                 [FR Doc. 2017–09175 Filed 5–5–17; 8:45 am]              information about CBI or multimedia                   request for the implementation date for
                                                 BILLING CODE 6560–50–P                                  submissions, and general guidance on                  the sale of RFG in the Southern Maine
                                                                                                         making effective comments, please visit               Counties to coincide with the new June
                                                                                                         http://www2.epa.gov/dockets/                          1, 2015 effective date.
                                                 ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                                  Per Maine’s request, the EPA
                                                 AGENCY                                                  FOR FURTHER INFORMATION CONTACT: John                 extended the requirements of the RFG
                                                                                                         Rogan, Air Quality Planning Unit, U.S.                program to the Southern Maine
                                                 40 CFR Part 52                                          Environmental Protection Agency, New                  Counties. The final rule, Regulation of
                                                 [EPA–R01–OAR–2015–0648; FRL–9961–24–                    England Regional Office, 5 Post Office                Fuels and Fuel Additives: Extension of
                                                 Region 1]                                               Square—Suite 100, (Mail code OEP05–                   the Reformulated Gasoline Program to
                                                                                                         2), Boston, MA 02109–3912, telephone                  Maine’s Southern Counties, was
                                                 Air Plan Approval; ME; Motor Vehicle                    (617) 918–1645, facsimile (617) 918–                  published in the Federal Register on
                                                 Fuel Requirements                                       0645, email rogan.john@epa.gov.                       February 6, 2015 (80 FR 6658).
                                                 AGENCY:  Environmental Protection                       SUPPLEMENTARY INFORMATION:                            II. Maine’s Revisions to Its Chapter 119
                                                 Agency.                                                 Throughout this document whenever                     Motor Vehicle Fuel Volatility Limits
                                                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 ACTION: Proposed rule.                                                                                           On August 28, 2015, the Maine DEP
                                                                                                         EPA. Organization of this document.
                                                                                                                                                               submitted to EPA a SIP revision
                                                 SUMMARY:    The Environmental Protection                The following outline is provided to aid
                                                                                                                                                               containing Maine’s revised Chapter 119
                                                 Agency (EPA) is proposing to approve a                  in locating information in this preamble.
                                                                                                                                                               Motor Vehicle Fuel Volatility Limits
                                                 State Implementation Plan (SIP)                         I. Background and Purpose                             rule adopted on May 21, 2015. The
                                                 revision submitted by the State of Maine                II. Maine’s Revisions to Its Chapter 119 Motor        rule’s prohibition on selling or
                                                 on August 28, 2015. The SIP revision                          Vehicle Fuel Volatility Limits
                                                                                                                                                               dispensing motor vehicle fuel having a
                                                 includes a revised motor vehicle fuel                   III. EPA’s Evaluation of Maine’s SIP Revision
                                                                                                         IV. Proposed Action                                   Reid Vapor Pressure (RVP) greater than
                                                 volatility regulation that has been                                                                           7.8 pounds per square inch (psi), in the
                                                 updated to be consistent with existing                  V. Incorporation by Reference
                                                                                                         VI. Removal of Maine’s Gasoline Volatility            Southern Maine Counties, during the
                                                 federal regulations which require                             Requirements in Southern Maine—                 period of May 1 through September 15
                                                 retailers to sell reformulated gasoline                       Impacts on the Boutique Fuels List              was revised to apply through September
                                                 (RFG) in the counties of York,                          VII. Statutory and Executive Order Reviews            15 of 2014, and a new provision,
                                                 Cumberland, Sagadahoc, Androscoggin,                                                                          requiring retailers who sell gasoline in
                                                 Kennebec, Knox, and Lincoln, as of June                 I. Background and Purpose                             the Southern Maine Counties to only
                                                 1, 2015. The intended effect of this                       On August 28, 2015, the Maine                      sell RFG in those counties year round,
                                                 action is to propose approval of this                   Department of Environmental Protection                was added to the rule. The revisions to
                                                 amendment into the Maine SIP. This                      (DEP) submitted to the EPA a revision                 Chapter 119 maintain the 9.0 psi
                                                 action is being taken under the Clean                   to its State Implementation Plan (SIP).               maximum RVP requirement in the
                                                 Air Act.                                                The SIP revision consists of Maine’s                  reminder of the State during the period
                                                 DATES: Written comments must be                         revised Chapter 119 Motor Vehicle Fuel                of May 1 through September 15 each
                                                 received on or before June 7, 2017.                     Volatility Limits. Chapter 119 was                    year.
                                                 ADDRESSES: Submit your comments,                        revised to require retailers to sell
                                                 identified by Docket ID No. EPA–R01–                                                                          III. EPA’s Evaluation of Maine’s SIP
                                                                                                         reformulated gasoline (RFG) in the
                                                 OAR–2015–0648 at http://                                                                                      Revision
                                                                                                         counties of York, Cumberland,
                                                 www.regulations.gov, or via email to                    Sagadahoc, Androscoggin, Kennebec,                       EPA previously approved Maine’s
                                                 rogan.john@epa.gov. For comments                        Knox, and Lincoln (hereinafter, the                   Chapter 119 into the Maine SIP on
                                                 submitted at Regulations.gov, follow the                ‘‘Southern Maine Counties’’) effective                March 6, 2002 (67 FR 10100). EPA has
                                                 online instructions for submitting                      June 1, 2015. RFG is gasoline that is                 reviewed Maine’s revised Chapter 119
                                                 comments. Once submitted, comments                      blended to burn more cleanly as                       Motor Vehicle Fuel Volatility Limits
                                                 cannot be edited or removed from                        compared to conventional gasoline. This               rule and has concluded that Maine’s
                                                 Regulations.gov. For either manner of                   regulation was revised to be consistent               August 28, 2015 SIP revision is
                                                 submission, the EPA may publish any                     with existing federal regulations at 40               consistent with the anti-back sliding
                                                 comment received to its public docket.                  CFR part 80, subpart D.                               requirements of CAA section 110(l). The
                                                 Do not submit electronically any                           In April, 2013, the Maine Legislature              previous version of Chapter 119
                                                 information you consider to be                          enacted Public Law 2013 c.221 calling                 currently in the Maine SIP states that in
                                                 Confidential Business Information (CBI)                 for the use of RFG in the Southern                    the Southern Maine Counties ‘‘no owner
                                                 or other information whose disclosure is                Maine Counties beginning May 1, 2014.                 or operator shall dispense, sell, or
                                                 restricted by statute. Multimedia                       On July 23, 2013, the Governor of Maine               supply as fuel for motor vehicles a
                                                 submissions (audio, video, etc.) must be                formally requested, pursuant to Clean                 gasoline having a RVP greater than 7.8
                                                 accompanied by a written comment.                       Air Act (CAA) section 211(k)(6)(B), that              psi during the period of May 1 through
                                                 The written comment is considered the                                                                         September 15 of each year.’’ The revised
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                                                                                                         the EPA extend the requirement for the
                                                 official comment and should include                     sale of RFG to these counties beginning               rule instead requires RFG in the
                                                 discussion of all points you wish to                    on May 1, 2014. The Maine legislature                 Southern Maine Counties year-round
                                                 make. The EPA will generally not                        subsequently enacted an emergency                     beginning June 1, 2015, without the 7.8
                                                 consider comments or comment                            law, Public Law 2013 c.452, effective                 psi RVP requirement, and maintains the
                                                 contents located outside of the primary                 March 6, 2014, to postpone the                        9.0 psi RVP requirement in the reminder
                                                 submission (i.e. on the web, cloud, or                  requirement for the sale of RFG in the                of the State. Requiring a lower RVP for
                                                 other file sharing system). For                         Southern Maine Counties until June 1,                 fuels means less evaporative emissions,
                                                 additional submission methods, please                   2015. Pursuant to that legislation, the               and therefore removal of such a


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Document Created: 2017-05-06 02:21:54
Document Modified: 2017-05-06 02:21:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before June 7, 2017.
ContactAnthony (Ted) Gardella [email protected] at the U.S. Environmental Protection Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212) 637-4249, fax number (212) 637-3901.
FR Citation82 FR 21343 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements

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