82 FR 37308 - 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 153 (August 10, 2017)
Federal Register Volume 82, Issue 153 (August 10, 2017)
| Page Range | 37308-37310 | |
| FR Document | 2017-16804 |
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)] [Rules and Regulations] [Pages 37308-37310] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16804] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2016-0766; FRL-9965-79-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. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is announcing approval of 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 approves 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 rule is to approve source-specific emissions limitations required by the Clean Air Act. DATES: This rule is effective on September 11, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2016-0766. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, [email protected] at the United States Environmental Protection [[Page 37309]] Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249. SUPPLEMENTARY INFORMATION: I. What action is the EPA taking today? The EPA is approving two source-specific State Implementation Plans (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 in Bergen County and for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in Lakehurst, New Jersey in Ocean County. The determinations are for the four natural gas-fired water bath heaters (U7-U10) at the Transco-240 facility and the two natural gas-fired boilers (Nos. 2 and 3) at the JB-MDL facility. These SIP revisions were submitted to the EPA for approval by the New Jersey Department of Environmental Protection on July 1, 2014 and July 25, 2016 respectively. II. What comments were received in response to EPA's proposed action? On May 8, 2017 (82 FR 21343), the EPA proposed to approve New Jersey's two source-specific SIP revisions addressing NOX RACT requirements for the Transco-240 and the JB-MDL facilities. For a detailed discussion on the content and requirements of the revisions to New Jersey's two SIP revisions, the reader is referred to the EPA's proposed rulemaking action. In response to the EPA's May 8, 2017 proposed rulemaking action, the EPA received no public comments. III. Conclusion The EPA has determined that New Jersey's two SIP revision for the NOX RACT determinations for the affected sources at the Transco-240 and the JB-MDL facilities are consistent with New Jersey's NOX RACT regulation and the EPA's guidance. The EPA has determined that New Jersey's SIP revision will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Clean Air Act. Therefore, the EPA is approving the NOX emission limits and other requirements identified in New Jersey's Conditions of Approval document and alternative emission limit compliance plan for Transco-240 and JB-MDL, respectively. The NOX RACT requirements 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 approves the current Conditions of Approval document for the four water bath heaters (U7-U10) at the Transco-240 facility which includes the following limits: 1. The alternative NOX emission limit (AEL) from each water bath heater, while combusting natural gas, shall not exceed 0.10 pounds per million British Thermal Units (lb/MMBTU); 2. The total NOX emissions from all four water bath heaters, while combusting natural gas, shall not exceed 6.7 tons per year; 3. The hours of operation for the four natural gas-fired water bath heaters shall be for a combined total of 1600 hours per year or less; 4. The four water bath heaters shall not be operated during the ozone season; and, 5. The flue gas recirculation control system shall operate at all times the heater is operating. Also, the EPA approves the alternate emission limit compliance plan for the two natural gas-fired boilers (Nos 2 and 3) at the JB-MDL facility which includes the following limits: 1. An alternative NOX emission limit of 0.10 lb/MMBTU for boiler #2 and boiler #3 pursuant to N.J.A.C. 7:27-19.13; and, 2. A 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. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of: ``Conditions of Approval, Alternative Emission Limit for NOX For Four (4) Water Bath Heaters, Transcontinental Gas Pipelines Corp., LNG Station 240, 718 Paterson Plank Road, Carlstadt Borough, Program Interest No. 02626,'' approved by New Jersey Department of Environmental Protection on June 12, 2014 and ``Revision to the NJ State Implementation Plan for Joint Base McGuire-Dix-Lakehurst (JB-MDL), Lakehurst, NJ'' including Enclosure 2 (``AEL Compliance Plan'') (dated July 14, 2016) to Attachment I (``Site-specific and source specific NOX RACT SIP Information for Joint Base McGuire-Dix-Lakehurst (JB-MDL) (Lakehurst), for Boiler Nos 2 and 3''), permit activity number of BOP150001, approved by New Jersey Department of Environmental Protection on August 26, 2016. The summary of emission limits and other enforceable requirements for the two SIP revisions are included in section III (Conclusion) of this rulemaking. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 2 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. 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 [[Page 37310]] 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 (65 FR 67249, November 9, 2000), 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. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 10, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. 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. Dated: July 25, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart FF--New Jersey 0 2. In Sec. 52.1570, the table in paragraph (d) is amended by adding entries ``Transcontinental Gas Pipelines Corp., LNG Station 240'' and ``Joint Base McGuire-Dix-Lakehurst (Lakehurst, NJ)'' to the end of the table to read as follows: Sec. 52.1570 Identification of plan. * * * * * (d) * * * EPA-Approved New Jersey Source-Specific Provisions ---------------------------------------------------------------------------------------------------------------- State effective Name of source Identifier No. date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Transcontinental Gas Pipelines 02626............. June 12, 2014..... August 10, 2017 Alternate NOX Corp., LNG Station 240. [insert Federal Emission Limit Register and other citation]. requirements August 10, 2017 pursuant to NJAC [insert Federal 7:27-19.13 for Register four natural gas- citation]. fired water bath heaters ((U7- U10). Joint Base McGuire-Dix-Lakehurst BOP15001.......... August 26, 2016... .................. Alternate NOX (Lakehurst, NJ). Emission Limit and other requirements pursuant to NJAC 7:27-19.13 for two natural gas- fired boilers (Nos 2 and 3). ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-16804 Filed 8-9-17; 8:45 am] BILLING CODE 6560-50-P
![37308 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
The Congressional Review Act, 5 circuit by October 10, 2017. Filing a Dated: July 26, 2017.
U.S.C. 801 et seq., as added by the Small petition for reconsideration by the Michelle L. Pirzadeh,
Business Regulatory Enforcement Administrator of this final rule does not Acting Regional Administrator, Region 10.
Fairness Act of 1996, generally provides affect the finality of this action for the For the reasons set forth in the
that before a rule may take effect, the purposes of judicial review nor does it preamble, 40 CFR part 52 is amended as
agency promulgating the rule must extend the time within which a petition follows:
submit a rule report, which includes a for judicial review may be filed, and
copy of the rule, to each House of the shall not postpone the effectiveness of PART 52—APPROVAL AND
Congress and to the Comptroller General such rule or action. This action may not PROMULGATION OF
of the United States. The EPA will be challenged later in proceedings to IMPLEMENTATION PLANS
submit a report containing this action enforce its requirements. (See CAA
and other required information to the ■ 1. The authority citation for part 52
section 307(b)(2)). continues to read as follows:
U.S. Senate, the U.S. House of
Representatives, and the Comptroller List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
General of the United States prior to
publication of the rule in the Federal Environmental protection, Air Subpart C—Alaska
Register. A major rule cannot take effect pollution control, Incorporation by
reference, Intergovernmental relations, ■ 2. In § 52.70, the table in paragraph (e)
until 60 days after it is published in the
Lead, Nitrogen dioxide, Ozone, is amended by adding the entry
Federal Register. This action is not a
Particulate matter, Reporting and ‘‘110(a)(2) Infrastructure
‘‘major rule’’ as defined by 5 U.S.C.
recordkeeping requirements, Sulfur Requirements—2008 Lead NAAQS’’ at
804(2).
oxides, Volatile organic compounds. the end of the table to read as follows:
Under CAA section 307(b)(1),
petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq. § 52.70 Identification of plan.
action must be filed in the United States * * * * *
Court of Appeals for the appropriate (e) * * *
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
geographic or EPA approval
Name of SIP provision submittal Comments
nonattainment date
date
area
* * * * * * *
Section 110(a)(2) Infrastructure and Interstate Transport
* * * * * * *
110(a)(2) Infrastructure Re- Statewide .......... 7/9/12 8/10/17 [insert Approves SIP for purposes of CAA sections 110(a)(2)(A),
quirements—2008 Lead Federal (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
NAAQS. Register ci- and (M) for the 2008 Lead NAAQS.
tation].
[FR Doc. 2017–16805 Filed 8–9–17; 8:45 am] Implementation Plan (SIP) for ozone ADDRESSES: The EPA has established a
BILLING CODE 6560–50–P submitted by the State of New Jersey. docket for this action under Docket ID
This SIP revision consists of two source- No. EPA–R02–OAR–2016–0766. All
specific reasonably available control documents in the docket are listed on
ENVIRONMENTAL PROTECTION technology (RACT) determinations for the www.regulations.gov Web site.
AGENCY controlling oxides of nitrogen. One is for Although listed in the index, some
the Transcontinental Gas Pipeline Corp., information is not publicly available,
40 CFR Part 52 e.g., CBI or other information whose
LNG Station 240 located in Carlstadt,
[EPA–R02–OAR–2016–0766; FRL–9965–79– New Jersey and the other is for Joint disclosure is restricted by statute.
Region 2] Base McGuire-Dix-Lakehurst in Certain other material, such as
Lakehurst, New Jersey. This action copyrighted material, is not placed on
Approval and Promulgation of approves the source-specific RACT the Internet and will be publicly
Implementation Plans; Reasonably determinations that were made by New available only in hard copy form.
Available Control Technology for Jersey in accordance with the provisions Publicly available docket materials are
Oxides of Nitrogen for Specific of its regulation to help meet the available either electronically through
Sources in the State of New Jersey www.regulations.gov, or please contact
national ambient air quality standard for
the person identified in the FOR FURTHER
mstockstill on DSK30JT082PROD with RULES
AGENCY: Environmental Protection ozone. The intended effect of this rule
INFORMATION CONTACT section for
Agency. is to approve source-specific emissions
additional availability information.
ACTION: Final rule. limitations required by the Clean Air
Act. FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Environmental Protection Anthony (Ted) Gardella,
Agency (EPA) is announcing approval of DATES:This rule is effective on gardella.anthony@epa.gov at the United
two revisions to the State September 11, 2017. States Environmental Protection
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![37310 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
Order 13132 (64 FR 43255, August 10, States Court of Appeals for the List of Subjects in 40 CFR Part 52
1999); appropriate circuit by October 10, 2017.
• Is not an economically significant Filing a petition for reconsideration by Environmental protection, Air
regulatory action based on health or the Administrator of this final rule does pollution control, Incorporation by
safety risks subject to Executive Order not affect the finality of this action for reference, Intergovernmental relations,
13045 (62 FR 19885, April 23, 1997); the purposes of judicial review nor does Nitrogen dioxide, Ozone, Reporting and
• Is not a significant regulatory action it extend the time within which a recordkeeping requirements.
subject to Executive Order 13211 (66 FR petition for judicial review may be filed, Dated: July 25, 2017.
28355, May 22, 2001); and shall not postpone the effectiveness Catherine R. McCabe,
• Is not subject to requirements of of such rule or action. This action may Acting Regional Administrator, Region 2.
section 12(d) of the National not be challenged later in proceedings to
Technology Transfer and Advancement enforce its requirements. (See section Part 52, chapter I, title 40 of the Code
Act of 1995 (15 U.S.C. 272 note) because 307(b)(2)). of Federal Regulations is amended as
application of those requirements would The Congressional Review Act, 5 follows:
be inconsistent with the Clean Air Act; U.S.C. 801 et seq., as added by the Small
and Business Regulatory Enforcement PART 52—APPROVAL AND
• Does not provide EPA with the Fairness Act of 1996, generally provides PROMULGATION OF
discretionary authority to address, as that before a rule may take effect, the IMPLEMENTATION PLANS
appropriate, disproportionate human agency promulgating the rule must
health or environmental effects, using submit a rule report, which includes a ■ 1. The authority citation for part 52
practicable and legally permissible copy of the rule, to each House of the continues to read as follows:
methods, under Executive Order 12898 Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq.
(59 FR 7629, February 16, 1994). of the United States. Section 804,
In addition, this rule does not have however, exempts from section 801 the Subpart FF—New Jersey
tribal implications as specified by following types of rules: Rules of
Executive Order 13175 (65 FR 67249, particular applicability; rules relating to ■ 2. In § 52.1570, the table in paragraph
November 9, 2000), because the SIP is agency management or personnel; and (d) is amended by adding entries
not approved to apply in Indian country rules of agency organization, procedure, ‘‘Transcontinental Gas Pipelines Corp.,
located in the state, and EPA notes that or practice that do not substantially LNG Station 240’’ and ‘‘Joint Base
it will not impose substantial direct affect the rights or obligations of non- McGuire-Dix-Lakehurst (Lakehurst, NJ)’’
costs on tribal governments or preempt agency parties. 5 U.S.C. 804(3). Because to the end of the table to read as follows:
tribal law. this is a rule of particular applicability,
§ 52.1570 Identification of plan.
Under section 307(b)(1) of the Clean EPA is not required to submit a rule
Air Act, petitions for judicial review of report regarding this action under * * * * *
this action must be filed in the United section 801. (d) * * *
EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS
Name of source Identifier No. State effective date EPA approval date Comments
* * * * * * *
Transcontinental Gas Pipe- 02626 ................................ June 12, 2014 ................... August 10, 2017 [insert Alternate NOX Emission
lines Corp., LNG Station Federal Register cita- Limit and other require-
240. tion]. ments pursuant to NJAC
August 10, 2017 [insert 7:27–19.13 for four nat-
Federal Register cita- ural gas-fired water bath
tion]. heaters ((U7–U10).
Joint Base McGuire-Dix- BOP15001 ........................ August 26, 2016 ............... ........................................... Alternate NOX Emission
Lakehurst (Lakehurst, Limit and other require-
NJ). ments pursuant to NJAC
7:27–19.13 for two nat-
ural gas-fired boilers
(Nos 2 and 3).
* * * * * ENVIRONMENTAL PROTECTION ACTION: Direct final rule.
[FR Doc. 2017–16804 Filed 8–9–17; 8:45 am] AGENCY
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a portion of
the State Implementation Plan (SIP)
[EPA–R04–OAR–2014–0507; FRL–9965–83- submission, submitted by the State of
Region 4] Florida, through the Florida Department
mstockstill on DSK30JT082PROD with RULES
of Environmental Protection (FDEP), on
Air Plan Approval; Florida: January 22, 2013, addressing a portion
Infrastructure Requirements for the of the Clean Air Act (CAA or Act)
2010 NO2 NAAQS infrastructure requirements for the 2010
1-hour nitrogen dioxide (NO2) national
AGENCY: Environmental Protection ambient air quality standard (NAAQS).
Agency. The CAA requires that each state adopt
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Document Created: 2017-08-10 01:01:19
Document Modified: 2017-08-10 01:01:19
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on September 11, 2017. | |
| Contact | Anthony (Ted) Gardella, [email protected] at the United States Environmental Protection Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249. | |
| FR Citation | 82 FR 37308 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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