82 FR 35734 - Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35734-35738 | |
| FR Document | 2017-15997 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Proposed Rules] [Pages 35734-35738] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15997] [[Page 35734]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2016-0413; FRL-9965-48-Region 2] Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve New Jersey's regional haze progress report, submitted on June 28, 2016, as a revision to its State Implementation Plan (SIP). New Jersey's SIP revision addresses requirements of the Clean Air Act and its implementing regulations that the State submit periodic reports describing progress toward reasonable progress goals established for regional haze and a determination of the adequacy of the State's existing regional haze SIP. New Jersey's progress report notes that New Jersey has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that visibility in federal Class I areas affected by emissions from New Jersey is improving and has already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of New Jersey's determination that the State's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period, which extends through 2018, and requires no substantive revision at this time. DATES: Comments must be received on or before August 31, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2016-0413, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. 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: Robert F. Kelly, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. EPA's Evaluation of New Jersey's SIP Revision A. Regional Haze Progress Report B. Determination of Adequacy of Existing Regional Haze Plan III. Proposed Action IV. Statutory and Executive Order Reviews I. Background States are required to submit a progress report in the form of a SIP revision that evaluates progress towards the reasonable progress goals (RPGs) for each mandatory Class I federal area \1\ (Class I area) within the state and in each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The progress report SIP is due five years after submittal of the initial regional haze SIP. On July 28, 2009, New Jersey submitted the State's first regional haze SIP in accordance with 40 CFR 51.308.\2\ --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). Listed at 40 CFR part 81, subpart D. \2\ On January 3, 2012, at 77 FR 19, EPA approved New Jersey's regional haze SIP submittal addressing the requirements of the first implementation period for regional haze. --------------------------------------------------------------------------- On June 28, 2016, New Jersey submitted as a revision to its SIP its progress report which detailed the progress made in the first planning period toward implementation of the Long Term Strategy (LTS) outlined in the 2009 regional haze SIP submittal, the visibility improvement measured at Class I areas affected by emissions from New Jersey, and a determination of the adequacy of the State's existing regional haze SIP. The EPA is proposing to approve New Jersey's June 28, 2016 SIP submittal. II. EPA's Evaluation of New Jersey's SIP Revision New Jersey's report on progress made in the first implementation period toward reasonable progress goals for Class I areas affected by emissions from sources in New Jersey (also known as a regional haze five-year progress report or progress report) was submitted to the EPA as a SIP revision. New Jersey has one Class I area within its borders, the Brigantine Wilderness Area (Brigantine). Emissions from New Jersey's sources were also found to impact visibility at several other Class I areas: Acadia National Park and the Moosehorn Wilderness Area in Maine, the Great Gulf Wilderness Area and Presidential Range/Dry River Wilderness Area in New Hampshire, and the Lye Brook Wilderness Area in Vermont. See 76 FR 49711 (August 11, 2011). Through the consultation process, New Jersey agreed to pursue the coordinated course of action agreed to by the Mid-Atlantic/Northeast Visibility Union (MANE-VU) \3\ to assure reasonable progress toward preventing any future, and remedying any existing, impairment of visibility in the mandatory Class I areas within the MANE-VU region. These strategies are commonly referred to as the MANE-VU ``ask.'' The MANE-VU ``ask'' includes: a timely implementation of best available retrofit technology (BART) requirements, 90 percent or more reduction in sulfur dioxide (SO2 ) emissions at 167 electric generating units (EGUs) ``stacks'' identified by MANE-VU (or comparable alternative measures), lower sulfur fuel oil (with limits specified for each state) and continued evaluation of other control measures.\4\ In summary, New Jersey is on track to fulfill the MANE-VU ``ask'' by meeting the deadlines for BART requirements, as of the date of the progress report, for all BART-eligible [[Page 35735]] facilities described in the progress report, instituting 90 percent or more control at the four New Jersey units from the 167 EGUs identified by MANE-VU, and evaluating control measures including New Jersey's Mercury Rule, adoption of performance standards at all coal-fired boilers in New Jersey, adoption of the lower limits for sulfur in fuel oil and a variety of measures \5\ developed for other programs that support regional haze emission reduction goals. --------------------------------------------------------------------------- \3\ MANE-VU is a collaborative effort of State governments, Tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility and other air quality issues in the Northeastern United States. Member State and Tribal governments include: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis Mohawk Tribe, and Vermont. \4\ The MANE-VU ``ask'' was structured around the finding that SO2 emissions were the dominate visibility impairing pollutant at the Northeastern Class I areas and electrical generating units comprised the largest SO2 emission sector. See ``Regional Haze and Visibility in the Northeast and Mid- Atlantic States,'' January 31, 2001. \5\ Table 1 at the EPA's proposed approval of New Jersey's regional haze SIP at 76 FR 49717 has the list of measures from other programs that also reduce the components of regional haze. --------------------------------------------------------------------------- A. Regional Haze Progress Report This section includes the EPA's analysis of New Jersey's progress report SIP submittal, and an explanation of the basis of our proposed approval. New Jersey's 2009 regional haze SIP included the following key measures: control measures for the State's five subject-to-BART sources and control measures for four EGUs. New Jersey has four of the 167 EGU stacks identified for control of sulfur dioxide emissions in the MANE-VU ``ask.'' Each has reduced sulfur dioxide emissions by 90 percent or more. These sources are Mercer 1 and 2, Hudson 2 and BL England 2 (see Table 3.1 of New Jersey's progress report). New Jersey's sources that were eligible for BART controls are: Chevron Products, ConocoPhillips Bayway Refinery, PSEG Hudson Generating Station, Vineland Municipal Electric Utility--Howard M. Down, Unit 10, and BL England Generating Station, Units 1 and 2. As documented in Table 5.1 of New Jersey's progress report, each of these sources has acted to implement BART controls or shutdown, when these actions were due by the date of the progress report. New Jersey's progress report also notes the implementation of the MANE-VU ``ask'' for sulfur content of fuel oil. The New Jersey rule,\6\ approved by the EPA as part of New Jersey's regional haze plan, lowered the sulfur content of all distillate fuel oils (#2 fuel oil and lighter) to 500 parts per million (ppm) beginning on July 1, 2014 and to 15 ppm beginning on July 1, 2016. The sulfur content for #4 fuel oil was lowered to 2,500 ppm and for #6 fuel oil to a range of 3,000 to 5,000 ppm sulfur content beginning July 1, 2014. --------------------------------------------------------------------------- \6\ EPA's approval of New Jersey's Sulfur in Fuel rule is noted at 40 CFR 52.1605. --------------------------------------------------------------------------- New Jersey's progress report also documented implementation of New Jersey's Mercury Rule, adoption of performance standards at all coal- fired boilers in New Jersey, and other measures that also reduced emissions that caused haze. Although these measures were not relied upon as emission reductions for the regional haze plan, and the New Jersey progress report did not itemize the amount of reductions specifically from each of these programs, these reductions are included in the overall emission reductions calculated for the progress report. In addition, the New Jersey progress report, in chapter 7, includes the status of SO2 emission reductions from other states that affect Class I areas in MANE-VU relative to the MANE-VU ``ask.'' \7\ New Jersey consulted with states in the eastern United States that affect visibility at the Class I area at Brigantine, outlining how they could meet the MANE-VU ``ask'' and help achieve the progress goals for Class I areas in New Jersey and other MANE-VU states. These emission reductions were included in modeling that predicted progress toward meeting the reasonable progress goals. The EPA proposes that New Jersey's summary of the status of implementation of measures in its regional haze progress report adequately addresses the applicable provisions under 40 CFR 51.308(g), as the State demonstrated the implementation of measures within New Jersey, including applying BART at eligible sources. --------------------------------------------------------------------------- \7\ Memorandum from NESCAUM to MANE-VU ``Overview of State and Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013. http://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/. --------------------------------------------------------------------------- During the development of the regional haze SIP for the first planning period, MANE-VU and New Jersey determined that SO2 was the greatest contributor to anthropogenic visibility impairment at the State's Class I areas. Therefore, the bulk of visibility improvement achieved in the first planning period was expected to result from reductions in SO2 emissions from sources inside and outside of the State. Table 7.1 of New Jersey's Progress Report details the SO2 emission reductions from 2002 to 2012 achieved at all the EGUs in the State, using the EPA's Clean Air Markets Division (CAMD) data. It demonstrates a 90 percent or greater reduction in SO2 stack emissions for each of the four EGU stacks. Table 1 summarizes the reductions based on the State's emission inventory for 2012, compared to the State's projection for 2018. Table 1--SO2 Emission Reductions From the New Jersey EGU Stacks of the MANE-VU 167 Stacks -------------------------------------------------------------------------------------------------------------------------------------------------------- Actual Goal ------------------------------------------------------------------------------------- Percent Plant ID Unit ID Unit Name Actual 2002 Actual 2012 Percent Projected 2018 Reduction emissions emissions reduction emissions expected in 2018 (tons) (tons) (2012) (%) (tons) (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- 61057............................ 1 Mercer 1............ 8,137 105 99 814 90 61057............................ 2 Mercer 2............ 5,918 105 98 592 90 12202............................ 2 Hudson 2............ 18,541 139 99 1,225 93 73242............................ 1 BL England 1........ 10,080 934 91 274 97 -------------------------------------------------------------------------------------------------------------------------------------------------------- As New Jersey has documented the reduction of SO2 emissions by more than 90 percent at EGU stacks located in New Jersey, the EPA proposes to find that New Jersey has adequately addressed the applicable provisions of 40 CFR 51.308(g). New Jersey has detailed the SO2 and nitrogen oxides (NOX ) reductions from the 2002 regional haze baseline by using the most recently available year of data at the time of the development of New Jersey's Progress Report, which was 2013. In addition, New Jersey highlighted SO2 emissions reductions from all of New Jersey's EGUs during this same time period. The provisions under 40 CFR 51.308(g) also require that states with Class I areas within their borders provide information on current visibility conditions and the difference between current visibility conditions and baseline visibility conditions [[Page 35736]] expressed in terms of five-year averages of these annual values. New Jersey has one Class I area, the Brigantine Wildlife Refuge. The Interagency Monitoring of Protected Visual Environments program (IMPROVE) includes a monitoring site located at Brigantine. New Jersey includes data in its progress report from the IMPROVE monitoring site to quantify air pollutants that constitute regional haze. Table 2 includes 2018 RPGs from the 2009 regional haze SIP and data from IMPROVE monitors at the Brigantine Class I area in New Jersey and in Class I areas where visibility is affected by emissions from New Jersey. This includes the baseline 2000-2004 five-year average visibility, and the most recent 2009-2013 five-year average visibility. Table 2--Observed Visibility vs. Reasonable Progress Goals (All values in deciviews) ---------------------------------------------------------------------------------------------------------------- 2018 Class I area IMPROVE* site 2000-2004 5- 2009-2013 5- Met 2018 progress goal Reasonable year average year average already? progress goal ---------------------------------------------------------------------------------------------------------------- 20% Most Impaired Days ---------------------------------------------------------------------------------------------------------------- Acadia National Park................. 22.9 17.9 Yes...................... 19.4 Moosehorn Wilderness Area **......... 21.7 16.8 Yes...................... 19.0 Great Gulf Wilderness Area ***....... 22.8 16.7 Yes...................... 19.1 Lye Brook Wilderness Area............ 24.4 18.8 Yes...................... 20.9 Brigantine Wilderness Area........... 29 23.8 Yes...................... 25.1 ---------------------------------------------------------------------------------------------------------------- 20% Least Impaired Days ---------------------------------------------------------------------------------------------------------------- Acadia National Park................. 8.8 7.0 Yes...................... 8.8 Moosehorn Wilderness Area............ 9.2 6.7 Yes...................... 9.2 Great Gulf Wilderness Area........... 7.7 5.9 Yes...................... 7.7 Lye Brook Wilderness Area............ 6.4 4.9 Yes...................... 6.4 Brigantine Wilderness Area........... 14.3 12.3 Yes...................... 14.3 ---------------------------------------------------------------------------------------------------------------- * IMPROVE = Interagency Monitoring of Protected Visual Environments program. ** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park. *** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness Area. Data from Tracking Visibility Progress, posted on NESCAUM's Web site at http://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by the latest IMPROVE data through 2013 as noted in New Jersey's progress report. The baseline visibility for Brigantine was 29.0 deciviews (dv) on the 20 percent most impaired days and 14.3 dv on the least impaired days. The most recent five-year average visibility data shows an improvement of 5.2 dv on the 20 percent most impaired days and 2.0 dv improvement on the 20 percent least impaired days. New Jersey's progress report also demonstrates that the State has already achieved and surpassed the 2018 RPG at Brigantine for the 20 percent most impaired days and ensured no visibility degradation for the 20 percent least impaired days for the first planning period. Sites at Class I areas affected by sources in New Jersey also have surpassed the 2018 RPGs. The EPA proposes to find that New Jersey provided the required information regarding visibility conditions to meet the applicable provisions under 40 CFR 51.308(g) specifically providing baseline visibility conditions (2000-2004), current conditions based on the most recently available IMPROVE monitoring data (2009-2013), and an assessment of the change in visibility impairment at its Class I areas. In its progress report SIP, New Jersey presents data from statewide emissions inventories--New Jersey's State Periodic Emissions Inventory--developed for the years 2002 and 2011, plus projected inventories for 2018, for SO2 , NOX , fine particles with diameters that are generally 2.5 micrometers and smaller (PM2.5 ) and volatile organic compounds (VOCs). New Jersey's emissions inventories include the following source classifications: Point, area, on-road mobile, and non-road mobile. The progress report also includes more detailed information on reductions in sulfur oxides (SOX ) emissions from EGUs, and particulate matter (PM), NOX and SOX from BART-eligible sources. Overall, New Jersey's emissions that affect visibility were reduced in all sectors for all pollutants, except for on-road direct emissions of PM. Compared to the 2002 emission inventory New Jersey used to model haze, emissions in 2011 were reduced by 82 percent for SO2 , 38 percent for NOX , 23 percent for direct PM2.5 and by 49 percent for VOCs. New Jersey's progress report also compared the latest EPA modeling inventory calculations for New Jersey for 2018 with New Jersey's portion of the MANE-VU inventory used to set the 2018 progress goal for Brigantine. For NOX , PM2.5 , SO2 , and VOCs, the EPA's modeled emissions for 2018 are lower than the 2018 emissions used in MANE-VU's modeling. In particular, New Jersey's emissions from each of the four EGU stacks addressed in its regional haze SIP were reduced by more than 90 percent from 2002 to 2011, the latest year actual emissions are available. Projected EGU emissions for 2018, the end of the first planning period, are expected to meet or exceed the 90 percent reduction target for each EGU stack. Actual SO2 emissions from each of the BART-eligible sources declined by more than 90 percent from 2002 to 2012. PM and NOX emissions decreased overall, and for each source, except for PM emissions from the ConocoPhillips Bayway Refinery. ConocoPhillips has met its BART requirements, including control of PM, but PM emissions increased because refinery throughput was higher in 2012 than 2002. New Jersey's data indicates its 2011 emissions for SO2 , PM and VOCs are lower than the 2018 emissions projections used to model its progress goal. Statewide NOX emissions have decreased by 28 percent to 182,140 tons per year by 2011, so as of 2011 they have not reached the 2018 target of 124,100 tons per year. However, modeling by the EPA \8\ projects New [[Page 35737]] Jersey's statewide NOX emissions to be reduced to 106,749 tons per year by 2018, so it is likely New Jersey will meet its emission targets by 2018. --------------------------------------------------------------------------- \8\ https://www.epa.gov/sites/production/files/2015-11/documents/o3transportaqmodelingtsd.pdf. --------------------------------------------------------------------------- The EPA is proposing that New Jersey adequately addressed the provisions of 40 CFR 51.308(g). The progress report compared the most recent updated emission inventory data available at the time of the development of the progress report with the baseline emissions used in the modeling for the regional haze SIP. In its progress report SIP, New Jersey did not find any significant changes in emissions of SOX , NOX and PM2.5 which might have impeded or limited progress during the first planning period. As noted earlier, haze at Brigantine and other Class I areas affected by emissions from New Jersey has improved to levels that meet or exceed the RPG. The EPA therefore proposes to approve the New Jersey SIP submission. In its progress report SIP, New Jersey concludes the elements and strategies relied on in its original regional haze SIP are sufficient to enable New Jersey and neighboring states to meet all established RPGs. As shown in Table 2, visibility on the least impaired and most impaired days from 2000 through 2011 has improved at all Class I areas affected by emissions from New Jersey (and all RPGs for 2018 have already been met). Visibility improvement at Brigantine has occurred for the most impaired days and no degradation of visibility has occurred for the least impaired days. Therefore, New Jersey concludes Brigantine is on track to meet the RPGs for 2018 based on the observed visibility improvement. The EPA proposes to agree that New Jersey has adequately addressed the provisions for first planning period progress reports. The EPA views this requirement as an assessment that should evaluate emissions and visibility trends and other readily available information. In its progress report, New Jersey described the improving visibility trends using data from the IMPROVE network and the downward emissions trends in key pollutants in the State and the MANE-VU region. New Jersey determined its regional haze SIP is sufficient to meet the RPGs for its own Class I area and the Class I areas outside the State impacted by the State's emissions. New Jersey's visibility monitoring strategy relies upon participation in the IMPROVE network. The IMPROVE monitor at the Brigantine Wilderness Area is operated and maintained through a formal cooperative relationship between the EPA, the U.S. Fish and Wildlife Service, and New Jersey's Bureau of Monitoring. The IMPROVE monitor for the Brigantine Wilderness Area is located at the edge of the Wilderness Area. The air monitoring data collected is representative of the air quality within the wilderness area but does not disturb the wilderness area's ecology or natural resources. New Jersey finds that there is no need for additional monitoring sites or equipment. The EPA proposes to find that New Jersey has adequately addressed these provisions by reviewing the State's visibility monitoring strategy and determining no further modifications to the monitoring strategy are necessary. B. Determination of Adequacy of Existing Regional Haze Plan In its progress report, New Jersey submitted a negative declaration to EPA regarding the need for additional actions or emission reductions in New Jersey beyond those already in place and those to be implemented by 2018 according to New Jersey's regional haze plan. In the 2016 SIP submittal, New Jersey determined the existing regional haze SIP requires no further substantive revision at this time to achieve the RPGs for Class I areas affected by the State's sources. The basis for the State's negative declaration is the finding that visibility has improved at all Class I areas in the MANE-VU region. In addition, SO2 , and PM emissions from the latest emission inventory for New Jersey have decreased to levels below the projections for 2018. While NOX reductions have yet to fully meet the 2018 projections, additional substantial NOX emission reductions are expected by 2018, as projected by the latest EPA modeling inventory. The EPA proposes to conclude that New Jersey has adequately addressed the provisions under 40 CFR 51.308(h) because visibility and emission trends indicate that the Brigantine area, in addition to all the other Class I areas impacted by New Jersey's sources, are meeting or exceeding the RPGs for 2018, and expect to continue to meet or exceed the RPGs for 2018. III. Proposed Action The EPA is proposing to approve New Jersey's June 28, 2016 regional haze progress report as meeting the requirements of 40 CFR 51.308(g) and (h). 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 (Public Law 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 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, because the SIP is not approved to apply in Indian country located in the state, and 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, [[Page 35738]] Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: July 10, 2017. Walter Mugdan, Acting Regional Administrator, Region 2. [FR Doc. 2017-15997 Filed 7-31-17; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION primary submission (i.e., on the web, approve New Jersey’s June 28, 2016 SIP
AGENCY cloud, or other file sharing system). For submittal.
additional submission methods, the full
40 CFR Part 52 II. EPA’s Evaluation of New Jersey’s SIP
EPA public comment policy,
Revision
[EPA–R02–OAR–2016–0413; FRL–9965–48– information about CBI or multimedia
Region 2] submissions, and general guidance on New Jersey’s report on progress made
making effective comments, please visit in the first implementation period
Approval and Promulgation of http://www2.epa.gov/dockets/ toward reasonable progress goals for
Implementation Plans; New Jersey; commenting-epa-dockets. Class I areas affected by emissions from
Regional Haze Five-Year Progress FOR FURTHER INFORMATION CONTACT: sources in New Jersey (also known as a
Report State Implementation Plan Robert F. Kelly, Air Programs Branch, regional haze five-year progress report
Environmental Protection Agency, 290 or progress report) was submitted to the
AGENCY: Environmental Protection EPA as a SIP revision. New Jersey has
Agency. Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249, or by one Class I area within its borders, the
ACTION: Proposed rule. Brigantine Wilderness Area (Brigantine).
email at kelly.bob@epa.gov.
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
Emissions from New Jersey’s sources
Agency (EPA) is proposing to approve were also found to impact visibility at
Table of Contents several other Class I areas: Acadia
New Jersey’s regional haze progress
report, submitted on June 28, 2016, as I. Background National Park and the Moosehorn
a revision to its State Implementation II. EPA’s Evaluation of New Jersey’s SIP Wilderness Area in Maine, the Great
Plan (SIP). New Jersey’s SIP revision Revision Gulf Wilderness Area and Presidential
A. Regional Haze Progress Report Range/Dry River Wilderness Area in
addresses requirements of the Clean Air B. Determination of Adequacy of Existing
Act and its implementing regulations New Hampshire, and the Lye Brook
Regional Haze Plan Wilderness Area in Vermont. See 76 FR
that the State submit periodic reports III. Proposed Action
describing progress toward reasonable IV. Statutory and Executive Order Reviews
49711 (August 11, 2011).
progress goals established for regional Through the consultation process,
haze and a determination of the I. Background New Jersey agreed to pursue the
adequacy of the State’s existing regional States are required to submit a coordinated course of action agreed to
haze SIP. New Jersey’s progress report progress report in the form of a SIP by the Mid-Atlantic/Northeast Visibility
notes that New Jersey has implemented revision that evaluates progress towards Union (MANE–VU) 3 to assure
the measures in the regional haze SIP the reasonable progress goals (RPGs) for reasonable progress toward preventing
due to be in place by the date of the each mandatory Class I federal area 1 any future, and remedying any existing,
progress report and that visibility in (Class I area) within the state and in impairment of visibility in the
federal Class I areas affected by each Class I area outside the state which mandatory Class I areas within the
emissions from New Jersey is improving may be affected by emissions from MANE–VU region. These strategies are
and has already met the applicable within the state. 40 CFR 51.308(g). In commonly referred to as the MANE–VU
reasonable progress goals for 2018. The addition, the provisions of 40 CFR ‘‘ask.’’ The MANE–VU ‘‘ask’’ includes: a
EPA is proposing approval of New 51.308(h) require states to submit, at the timely implementation of best available
Jersey’s determination that the State’s same time as the 40 CFR 51.308(g) retrofit technology (BART)
regional haze SIP is adequate to meet progress report, a determination of the requirements, 90 percent or more
these reasonable progress goals for the adequacy of the state’s existing regional reduction in sulfur dioxide (SO2)
first implementation period, which haze SIP. The progress report SIP is due emissions at 167 electric generating
extends through 2018, and requires no five years after submittal of the initial units (EGUs) ‘‘stacks’’ identified by
substantive revision at this time. regional haze SIP. On July 28, 2009, MANE–VU (or comparable alternative
DATES: Comments must be received on New Jersey submitted the State’s first measures), lower sulfur fuel oil (with
or before August 31, 2017. regional haze SIP in accordance with 40 limits specified for each state) and
CFR 51.308.2 continued evaluation of other control
ADDRESSES: Submit your comments,
On June 28, 2016, New Jersey measures.4 In summary, New Jersey is
identified by Docket ID No. EPA–R02–
OAR–2016–0413, to the Federal submitted as a revision to its SIP its on track to fulfill the MANE–VU ‘‘ask’’
eRulemaking Portal: http:// progress report which detailed the by meeting the deadlines for BART
www.regulations.gov. Follow the online progress made in the first planning requirements, as of the date of the
instructions for submitting comments. period toward implementation of the progress report, for all BART-eligible
Once submitted, comments cannot be Long Term Strategy (LTS) outlined in
3 MANE–VU is a collaborative effort of State
edited or withdrawn. The EPA may the 2009 regional haze SIP submittal,
governments, Tribal governments, and various
publish any comment received to its the visibility improvement measured at federal agencies established to initiate and
public docket. Do not submit Class I areas affected by emissions from coordinate activities associated with the
electronically any information you New Jersey, and a determination of the management of regional haze, visibility and other
adequacy of the State’s existing regional air quality issues in the Northeastern United States.
consider to be Confidential Business Member State and Tribal governments include:
Information (CBI) or other information haze SIP. The EPA is proposing to Connecticut, Delaware, the District of Columbia,
whose disclosure is restricted by statute. Maine, Maryland, Massachusetts, New Hampshire,
mstockstill on DSK30JT082PROD with PROPOSALS
1 Areas designated as mandatory Class I federal New Jersey, New York, Pennsylvania, Penobscot
Multimedia submissions (audio, video,
areas consist of national parks exceeding 6,000 Indian Nation, Rhode Island, St. Regis Mohawk
etc.) must be accompanied by a written acres, wilderness areas and national memorial parks Tribe, and Vermont.
comment. The written comment is exceeding 5,000 acres, and all international parks 4 The MANE–VU ‘‘ask’’ was structured around
considered the official comment and that were in existence on August 7, 1977 (42 U.S.C. the finding that SO2 emissions were the dominate
should include discussion of all points 7472(a)). Listed at 40 CFR part 81, subpart D. visibility impairing pollutant at the Northeastern
2 On January 3, 2012, at 77 FR 19, EPA approved Class I areas and electrical generating units
you wish to make. The EPA will New Jersey’s regional haze SIP submittal addressing comprised the largest SO2 emission sector. See
generally not consider comments or the requirements of the first implementation period ‘‘Regional Haze and Visibility in the Northeast and
comment contents located outside of the for regional haze. Mid-Atlantic States,’’ January 31, 2001.
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Nitrogen oxides, Particulate matter, electronically any information you On June 16, 2015, New York
Regional haze, Sulfur oxides. consider to be Confidential Business submitted, as a revision to its SIP, its
Authority: 42 U.S.C. 7401 et seq. Information (CBI) or other information progress report which detailed the
whose disclosure is restricted by statute. progress made in the first planning
Dated: July 10, 2017. Multimedia submissions (audio, video, period toward implementation of the
Walter Mugdan, etc.) must be accompanied by a written Long Term Strategy (LTS) outlined in
Acting Regional Administrator, Region 2. comment. The written comment is the 2010 regional haze SIP submittal,
[FR Doc. 2017–15997 Filed 7–31–17; 8:45 am] considered the official comment and the visibility improvement measured at
BILLING CODE 6560–50–P should include discussion of all points Class I areas affected by emissions from
you wish to make. The EPA will New York State, and a determination of
generally not consider comments or the adequacy of the State’s existing
ENVIRONMENTAL PROTECTION comment contents located outside of the regional haze SIP. The EPA is proposing
AGENCY primary submission (i.e., on the web, to approve New York’s June 16, 2015
cloud, or other file sharing system). For SIP submittal.
40 CFR Part 52 additional submission methods, the full II. EPA’s Evaluation of New York’s SIP
[EPA–R02–OAR–2015–0498; FRL–9965–47– EPA public comment policy, Revision
Region 2] information about CBI or multimedia
submissions, and general guidance on New York’s report on progress made
Approval and Promulgation of making effective comments, please visit in the first implementation period
Implementation Plans; New York; http://www2.epa.gov/dockets/ toward reasonable progress goals for
Regional Haze Five-Year Progress commenting-epa-dockets. Class I areas affected by emissions from
Report State Implementation Plan FOR FURTHER INFORMATION CONTACT:
sources in New York (also known as a
Robert F. Kelly, Air Programs Branch, regional haze five-year progress report
AGENCY: Environmental Protection or progress report) was submitted to the
Agency. Environmental Protection Agency, 290
EPA as a SIP revision. This progress
ACTION: Proposed rule. Broadway, 25th Floor, New York, New
report SIP submittal also included a
York 10007–1866, (212) 637–4249, or by
SUMMARY: The Environmental Protection determination that the State’s existing
email at kelly.bob@epa.gov.
Agency (EPA) is proposing to approve regional haze SIP requires no
SUPPLEMENTARY INFORMATION: substantive revision to achieve the
New York State’s regional haze progress
report, submitted on June 16, 2015, as Table of Contents established regional haze visibility
a revision to its State Implementation improvement and emissions reduction
I. Background
Plan (SIP). New York’s SIP revision II. EPA’s Evaluation of New York’s SIP goals for 2018. New York State, in
addresses requirements of the Clean Air Revision section 1.4 of its 2010 regional haze SIP
A. Regional Haze Progress Report submittal, used data from the report in
Act and its implementing regulations
B. Determination of Adequacy of Existing Appendix A of its plan Contributions to
that the State submit periodic reports
Regional Haze Plan Regional Haze in the Northeast and
describing progress toward reasonable III. Proposed Action Mid-Atlantic United States, to
progress goals established for regional IV. Statutory and Executive Order Reviews determine that emissions from sources
haze and a determination of the
I. Background in New York State contribute to
adequacy of the State’s existing regional
visibility impairment in the following
haze SIP. New York’s progress report States are required to submit a
Class I areas: Acadia National Park,
notes that New York has implemented progress report in the form of a SIP
Maine, Brigantine Wildlife Refuge, New
the measures in the regional haze SIP revision that evaluates progress towards
Jersey, Great Gulf Wilderness Area, New
due to be in place by the date of the the reasonable progress goals (RPGs) for
Hampshire, Lye Brook Wilderness Area,
progress report and that visibility in each mandatory Class I federal area 1
Vermont, Moosehorn National Wildlife
federal Class I areas affected by (Class I area) within the state and in
Refuge, Maine, Presidential Range-Dry
emissions from New York State is each Class I area outside the state which
River Wilderness Area, New Hampshire,
improving and has already met the may be affected by emissions from
and Roosevelt-Campobello International
applicable reasonable progress goals for within the state. 40 CFR 51.308(g). In
Park, Maine/Canada. See 77 FR 24794,
2018. The EPA is proposing approval of addition, the provisions of 40 CFR
24799 (April 25, 2012). There are no
New York’s determination that the 51.308(h) require states to submit, at the
Class I areas in New York.
State’s regional haze SIP is adequate to same time as the 40 CFR 51.308(g) Through the consultation process,
meet these reasonable progress goals for progress report, a determination of the New York agreed to reduce emissions by
the first implementation period, which adequacy of the state’s existing regional at least the amount obtained by the
extends through 2018, and requires no haze SIP. The progress report SIP for the measures in the coordinated course of
substantive revision at this time. first planning period is due five years action agreed to by the Mid-Atlantic/
DATES: Comments must be received on after submittal of the initial regional Northeast Visibility Union (MANE–
or before August 31, 2017. haze SIP. On March 15, 2010, New York VU) 3 to assure reasonable progress
ADDRESSES: Submit your comments, submitted the State’s first regional haze
identified by Docket ID No. EPA–R02– SIP in accordance with 40 CFR 51.308.2 promulgated a Federal Implementation Plan for
OAR–2015–0498 to the Federal Best Available Retrofit Technology (BART) for two
mstockstill on DSK30JT082PROD with PROPOSALS
1 Areas designated as mandatory Class I federal sources where the EPA disapproved New York’s
eRulemaking Portal: http://
areas consist of national parks exceeding 6,000 BART determinations.
www.regulations.gov. Follow the online acres, wilderness areas and national memorial parks 3 MANE–VU is a collaborative effort of State
instructions for submitting comments. exceeding 5000 acres, and all international parks governments, Tribal governments, and various
Once submitted, comments cannot be that were in existence on August 7, 1977 (42 U.S.C. federal agencies established to initiate and
edited or withdrawn. The 7472(a)). Listed at 40 CFR part 81, subpart D. coordinate activities associated with the
2 On August 28, 2012, at 77 FR 51915, EPA management of regional haze, visibility and other
Environmental Protection Agency (EPA) approved New York’s regional haze SIP submittal air quality issues in the Northeastern United States.
may publish any comment received to addressing the requirements of the first Member State and Tribal governments include:
its public docket. Do not submit implementation period for regional haze. The EPA Connecticut, Delaware, the District of Columbia,
VerDate Sep<11>2014 17:34 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\01AUP1.SGM 01AUP1](https://thefederalregister.org/doc/82_FR_35880/page/5.svg)
Document Created: 2018-10-24 11:45:05
Document Modified: 2018-10-24 11:45:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before August 31, 2017. | |
| Contact | Robert F. Kelly, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at [email protected] | |
| FR Citation | 82 FR 35734 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Regional Haze and Sulfur Oxides |
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