83_FR_36963 83 FR 36816 - Approval and Promulgation of Implementation Plans; New Jersey; Elements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

83 FR 36816 - Approval and Promulgation of Implementation Plans; New Jersey; Elements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36816-36823
FR Document2018-16378

The Environmental Protection Agency (EPA) is proposing to approve several State Implementation Plan (SIP) revisions submitted by the State of New Jersey for purposes of implementing Reasonably Available Control Technology (RACT) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EPA is proposing to approve New Jersey's SIP revision for the control and prohibition of air pollution by volatile organic compounds (VOCs) and control and prohibition of air pollution by oxides of nitrogen (NO<INF>X</INF>), as they are intended to satisfy certain control technique guideline (CTG) and NO<INF>X</INF> RACT categories. The EPA is proposing to approve New Jersey's certification that there are no sources within the State for the following CTGs: Manufacture of Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture Coatings; Large Appliance Coatings; and Auto and Light Duty Truck Original Equipment Manufacturer Assembly Coatings. In addition, the EPA is proposing to approve New Jersey's RACT SIP as it applies to non-CTG major sources of VOCs and major sources of NO<INF>X</INF>. The EPA is also proposing to approve the other portions of the comprehensive SIP revision submitted by New Jersey that certify that the State has satisfied the requirements for an enhanced motor vehicle Inspection and Maintenance program, certify that the State has satisfied the requirements for an emission statement program, certify that the State has satisfied the requirements for an ozone specific provisions nonattainment new source review program, and show the State has adopted all NO<INF>X</INF> RACT and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36816-36823]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0549; FRL-9981-62--Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Elements for the 2008 8-Hour Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several State Implementation Plan (SIP) revisions submitted by 
the State of New Jersey for purposes of implementing Reasonably 
Available Control Technology (RACT) for the 2008 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). The EPA is proposing to approve 
New Jersey's SIP revision for the control and prohibition of air 
pollution by volatile organic compounds (VOCs) and control and 
prohibition of air pollution by oxides of nitrogen (NOX), as 
they are intended to satisfy certain control technique guideline (CTG) 
and NOX RACT categories. The EPA is proposing to approve New 
Jersey's certification that there are no sources within the State for 
the following CTGs: Manufacture of Vegetable Oils; Manufacture of 
Pneumatic Rubber Tires; Aerospace

[[Page 36817]]

Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture 
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck 
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA 
is proposing to approve New Jersey's RACT SIP as it applies to non-CTG 
major sources of VOCs and major sources of NOX. The EPA is 
also proposing to approve the other portions of the comprehensive SIP 
revision submitted by New Jersey that certify that the State has 
satisfied the requirements for an enhanced motor vehicle Inspection and 
Maintenance program, certify that the State has satisfied the 
requirements for an emission statement program, certify that the State 
has satisfied the requirements for an ozone specific provisions 
nonattainment new source review program, and show the State has adopted 
all NOX RACT and VOC RACT, as it pertains to the 2008 8-hour 
ozone NAAQS. These actions are being taken in accordance with the 
requirements of the Clean Air Act.

DATES: Written comments must be received on or before August 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0549 at http://www.regulations.gov. Follow the online 
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:  Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

Table of Contents

I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New Jersey submit?
IV. What is the EPA's evaluation of New Jersey's SIP submittals?
V. What action is the EPA proposing?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of New Jersey on June 11, 2015, for 
purposes of implementing Reasonably Available Control Technology (RACT) 
\1\ for the 2008 8-hour ozone National Ambient Air Quality Standard 
(NAAQS or standard). New Jersey's June 11, 2015 SIP submittal consists 
of a showing that the State meets the RACT requirements for the two 
precursors for ground-level ozone, i.e., oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs), set forth by 
the Clean Air Act (CAA or Act) with respect to the 2008 ozone standard.
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    \1\ The EPA has defined RACT as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762, September 17, 
1979).
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    This action addresses New Jersey SIP submittals dated June 11, 
2015, December 14, 2017, and January 2, 2018. In the June 11, 2015 SIP 
submittal, the State indicates that the RACT requirements for the 2008 
ozone NAAQS have been fulfilled with the exception of sources subject 
to four Control Techniques Guidelines (CTGs) for source categories 
represented in New Jersey: Industrial Cleaning Solvents (EPA 453/R-06-
001); Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous 
Metal and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass 
Boat Manufacturing Materials (EPA-453/R-08-004). The June 11, 2015 
submittal also establishes new limits on NOX emissions from 
existing simple cycle combustion turbines combusting natural gas and 
compressing gaseous fuel at major NOX facilities and 
stationary reciprocating engines combusting natural gas and compressing 
gaseous fuel at major NOX facilities. In a submission 
received by the EPA on December 14, 2017,\2\ titled ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds and Oxides 
of Nitrogen,'' New Jersey indicates that the RACT requirements for the 
2008 ozone NAAQS have been fulfilled for sources subject to the four 
CTGs identified above that were not addressed in the June 11, 2015 
submittal. The EPA is proposing to approve New Jersey's June 11, 2015 
RACT SIP as it applies to non-CTG major sources of VOCs and to major 
sources of NOX. The EPA is proposing to approve New Jersey's 
December 14, 2017 submittal addressing the aforementioned four CTGs and 
establishing new limits on NOX emissions.
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    \2\ Submission cover letter dated November 30, 2017.
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    Also, the EPA is proposing to approve the portions of New Jersey's 
SIP revision submitted on January 2, 2018,\3\ that certifies the State 
has satisfied the requirements for a motor vehicle enhanced inspection 
and maintenance (I/M) program, an emission statement program, an ozone 
specific provisions nonattainment new source review (NNSR) program, and 
that the State has adopted all applicable NOX RACT and VOC 
RACT, submitted in the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone 
Attainment Demonstration Northern New Jersey-New York-Connecticut 
Nonattainment Area and Nonattainment New Source Review (NNSR) Program 
Compliance Certification New Jersey Statewide'' SIP revision.
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    \3\ Submission cover letter dated December 22, 2017.
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    The EPA proposes that New Jersey's SIP submittals are consistent 
with the EPA's guidance documents as well as the EPA's CTG and 
Alternative Control Technique (ACT) documents and are fully approvable 
as SIP-strengthening measures for New Jersey's ozone SIP.

II. What is the background for this proposed rulemaking?

    In 2008, the EPA revised the health based NAAQS for ozone, setting 
it at 0.075 parts per million (ppm), or 75 parts per billion (ppb), 
averaged over an 8-hour time frame. The EPA determined that the revised 
8-hour standard would be more protective of human health, especially 
with regard to children and adults who are active outdoors and 
individuals with a pre-existing respiratory disease such as asthma.
    On May 21, 2012 (77 FR 30087), the EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 2008 8-hour ozone standard. This action became effective on July 
20, 2012. The two 8-hour ozone marginal nonattainment areas located in 
New Jersey are the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area, also referred to as the New York Metropolitan Area

[[Page 36818]]

(NYMA), and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 
nonattainment area. The New Jersey portion of the NYMA is comprised of 
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, 
Somerset, Sussex, Union and Warren Counties. On May 4, 2016 (81 FR 
26697), the EPA determined that the NYMA did not attain the 2008 ozone 
standard by the applicable attainment date and is reclassified from a 
marginal to a moderate nonattainment area. State attainment plans for 
moderate nonattainment areas were due by January 1, 2017. Since the 
NYMA has been reclassified to a moderate nonattainment area, New Jersey 
submitted a new RACT determination as part of the State's attainment 
demonstration for the 2008 ozone standard.
    In areas classified as moderate or areas located in the Ozone 
Transport Region (OTR) (which includes all of New Jersey) under the 8-
hour ozone standard, the definition for major sources is 50 tons per 
year for VOC and 100 tons per year for NOX. New Jersey, 
however, has an emission threshold of 25 tons per year throughout the 
state for purposes of the RACT analysis which results in a more 
stringent evaluation of RACT.
    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in areas classified as moderate (and higher) 
nonattainment for ozone, while section 184(b)(1)(B) of the CAA requires 
RACT in states located in the OTR. Specifically, these areas are 
required to implement RACT for all major VOC and NOX 
emission sources and for all sources covered by a CTG. A CTG is a 
document issued by the EPA which establishes a ``presumptive norm'' for 
RACT for a specific VOC source category. A related set of documents, 
ACT documents, exists primarily for NOX control 
requirements. States must submit rules or negative declarations when 
the State has no such sources for CTG source categories, but not for 
sources in ACT categories. However, RACT must be imposed on major 
sources of NOX, and some of those major sources may be 
within a sector covered by an ACT document.
    On March 6, 2015 (80 FR 12264), the EPA published a final rule, 
herein referred to as the ``2008 ozone implementation rule,'' that 
outlined the obligations that areas found to be in nonattainment of the 
2008 ozone NAAQS needed to address. The 2008 ozone implementation rule 
contains, among other things, a description of the EPA's expectations 
for states with RACT obligations. The 2008 ozone implementation rule 
indicates that states could meet RACT through the establishment of new 
or more stringent requirements that meet RACT control levels, through a 
certification that previously adopted RACT controls in their SIP 
approved by the EPA under a prior ozone NAAQS represents adequate RACT 
control levels for attainment of the 2008 ozone NAAQS, or a combination 
of these two approaches. In addition, a state must submit a negative 
declaration in instances where there are no CTG sources. The 2008 ozone 
implementation rule requires that states with nonattainment areas to 
submit RACT SIPs to EPA within two years from the effective date of 
nonattainment designation or by July 20, 2014.
    The 2008 ozone implementation rule also states, among other things, 
that an attainment demonstration should consist of a list of adopted 
measures (including RACT) with schedules for implementation and other 
means and techniques necessary and appropriate for demonstrating 
attainment as expeditiously as practicable but no later than the 
outside attainment date for the area's classification. New Jersey 
submitted an attainment demonstration SIP and EPA will act on it in a 
separate rulemaking.

III. What did New Jersey submit?

    On June 11, 2015, the New Jersey Department of Environmental 
Protection (NJDEP) submitted to the EPA a formal revision to its SIP. 
The SIP revision consists of information documenting how New Jersey 
complied with the RACT requirements for the 2008 8-hour ozone NAAQS, 
pertaining to the former marginal classification for the NYMA. In its 
June 11, 2015 submittal, New Jersey certifies that the State's 
submittal addresses the RACT requirements for the 2008 8-hour ozone 
standard except that it does not fulfill the requirements of the CTGs 
for industrial cleaning solvents, paper film and foil coatings, 
fiberglass boat manufacturing materials, and miscellaneous metal and 
plastic parts coatings and the requirements of the ACTs for stationary 
reciprocating internal combustion engines and stationary gas turbines. 
In New Jersey's June 2015 RACT submittal, the State commits to revise 
New Jersey Administrative Code, Title 7, Chapter 27 (N.J.A.C 7:27) 
Subchapter 16 and Subchapter 19 to address those requirements in a 
timely manner.
    On December 14, 2017, the EPA received New Jersey's SIP revision, 
``New Jersey's Control and Prohibition of Air Pollution by Volatile 
Organic Compounds and Control and Prohibition of Air Pollution by 
Oxides of Nitrogen.'' \3\ The December 14, 2017 submittal includes the 
amendment to N.J.A.C. 7:27, Subchapter 16, ``Control and Prohibition of 
Air Pollution by Volatile Organic Compounds'' and Subchapter 19, 
``Control and Prohibition of Air Pollution by Oxides of Nitrogen'' that 
New Jersey committed to propose and adopt in their June 11, 2015 
submittal.
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    \3\ Effective date November 6, 2017 (49 N.J.R. 3518).
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    On January 2, 2018, New Jersey submitted, for inclusion in the SIP, 
the ``1997 84 ppb and 2008 75 ppb 8-Hour Ozone Attainment Demonstration 
Northern New Jersey-New York-Connecticut Nonattainment Area and 
Nonattainment New Source Review (NNSR) Program Compliance Certification 
New Jersey Statewide.'' In the January 2, 2018 submission New Jersey 
certifies, among other things, that the State has satisfied the 
requirements for an enhanced motor vehicle I/M program, an emission 
statement program, an ozone specific provisions NNSR program, and that 
the State has adopted all applicable NOX RACT and VOC RACT 
for the moderate NYMA.\4\
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    \4\ The EPA will act on the remainder of New Jersey's January 2, 
2018 SIP revision submittal, including the attainment 
demonstrations, Reasonable Further Progress (RFP) requirements and 
other portions at a later date.
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    In New Jersey's June 11, 2015 RACT submittal, the State evaluated 
its existing RACT regulations which were adopted to meet the 1997 8-
hour ozone standard to ascertain whether the same regulations 
constitute RACT for the 2008 8-hour ozone standard. In making its new 
8-hour ozone RACT determination, New Jersey referenced EPA's RACT 
guidance (``Beyond Volatile Organic Compound-Reasonably Available 
Control Technology-Control Technology Guidelines Requirements, EPA-453/
R-95-010, April 1995) and EPA's proposed rule ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements.'' 78 FR 34178 (June 2013).\5\ 
Accordingly, the basic framework for New Jersey's June 11, 2015 RACT 
SIP determination is described as follows:
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    \5\ The EPA finalized the proposed rule. 80 FR 12264 (March 6, 
2015).
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     Identify all source categories covered by Control 
Technique Guidelines (CTG) and Alternative Control Technique (ACT) 
documents.
     Identify applicable regulations that implement RACT.
     Certify that the existing level of controls for the 1997 
8-hour ozone standard equals RACT under the 2008 8-hour ozone standard 
in certain cases.

[[Page 36819]]

     Declare that sources covered by a CTG and ACT do not exist 
within the state and/or that RACT is not applicable in certain cases.
     Identify and evaluate applicability of RACT to individual 
sources whose source category does not have a presumptive emission 
limit covered by a state-wide regulation.
     Identify potential RACT revisions.
    In New Jersey's June 11, 2015 submittal, the State certified that 
all statewide RACT regulations, with the exception of four CTGs and two 
ACTs, with SIP approved state effective dates prior to the date when 
the RACT analysis was performed in 2015, are RACT for the 2008 8-hour 
ozone NAAQS, because the RACT determinations issued by the State are 
consistent with the most recent control technology and economic 
considerations. The State's December 14, 2017 submittal addressed the 
requirements for the four CTGs; the CTG for ``industrial cleaning 
solvents,'' ``paper film and foil coatings,'' ``fiberglass boat 
manufacturing materials,'' and ``miscellaneous metal and plastic parts 
coatings'' and the two ACTs for ``stationary reciprocating internal 
combustion engines'' and ``stationary gas turbines.'' The following 
discusses the results of New Jersey's analysis of RACT under the basic 
framework identified above.

CTGs and ACTs

    New Jersey reviewed its existing RACT regulations adopted under the 
1979 1-hour and 1997 8- hour ozone standard to identify source 
categories covered by the EPA's CTG and ACT documents. New Jersey's 
2015 RACT SIP submittal lists the CTG and ACT documents and 
corresponding State RACT regulations that cover the CTG and ACT sources 
included in New Jersey's emissions inventory.
    In 2009, New Jersey adopted VOC and NOX RACT for major 
non-CTG sources located in the State. Those sources for which EPA 
guidance was not published, but for which the State established RACT, 
include:
    1. High Electric Demand Day boilers serving EGUs [N.J.A.C. 7:27-
19.4];
    2. High Electric Demand Day turbines serving EGUs [N.J.A.C. 7:27-
19.5];
    3. Asphalt paving production plants [N.J.A.C. 7:27-19.9];
    4. Alternative VOC control requirements [N.J.A.C. 7:27-16.17];
    5. Alternative and facility-specific NOX emission limits 
[N.J.A.C. 7:27-19.13];
    6. Municipal solid waste (MSW) incinerators [N.J.A.C. 7:27-19.12]; 
and
    7. Sewage sludge incinerators [N.J.A.C. 7:27-19.28].
    New Jersey has determined that currently effective emission limits 
for these source categories still represent RACT in 2015 for the 
marginal classification in the NYMA for the 75 ppb ozone standard.
    With the exception of the source categories for which New Jersey 
has made negative declarations, New Jersey has implemented RACT 
controls state-wide for all CTGs that the EPA has issued as of June 
2015 to meet the requirements of the CAA. The following table lists the 
RACT controls that have been promulgated in N.J.A.C. 7:27 and the 
corresponding EPA SIP approval dates.

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         N.J.A.C. 7:27 subchapter                              Title                    EPA latest approval date
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16.2......................................  VOC stationary storage tanks..............       8/3/10, 75 FR 45483
16.3......................................  Gasoline transfer operations..............       8/3/10, 75 FR 45483
16.6......................................  Open top tanks and solvent cleaning              8/3/10, 75 FR 45483
                                             operations.
16.7......................................  Surface coating and graphic arts                 8/3/10, 75 FR 45483
                                             operations.
16.12.....................................  Surface coating operations at mobile             8/3/10, 75 FR 45483
                                             equipment repair and refinishing
                                             facilities.
16.16.....................................  Other source operations...................       8/3/10, 75 FR 45483
16.18.....................................  Leak detection and repair.................       8/3/10, 75 FR 45483
16.19.....................................  Application of cutback and emulsified            8/3/10, 75 FR 45483
                                             asphalts.
16.20.....................................  Petroleum solvent dry cleaning operations.       8/3/10, 75 FR 45483
19.4......................................  Boilers serving electric generating units.       8/3/10, 75 FR 45483
19.5......................................  Stationary combustion turbines............       8/3/10, 75 FR 45483
19.7......................................  Industrial/commercial/institutional              8/3/10, 75 FR 45483
                                             boilers and other indirect heat
                                             exchangers.
19.8......................................  Stationary reciprocating engines..........       8/3/10, 75 FR 45483
19.10.....................................  Glass manufacturing furnaces..............       8/3/10, 75 FR 45483
23........................................  Prevention of Air Pollution from               12/22/10, 75 FR 80340
                                             Architectural Coatings Standards.
24........................................  Consumer products.........................     12/22/10, 75 FR 80340
26........................................  Prevention of Air Pollution from               12/22/10, 75 FR 80340
                                             Adhesives, Sealants, Adhesive Primers and
                                             Sealant Primers.
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    New Jersey's June 11, 2015 RACT submittal contains a table (see 
Table II-2: RACT Certifications Based on Existing EPA Guidance) listing 
all the CTG and ACT categories (67 categories in total) and the 
corresponding State regulations or negative declarations that address 
the requirements. The EPA previously approved and incorporated into the 
SIP all of the State's regulations identified in Table II-2 that 
address CTGs and ACTs. New Jersey's December 14, 2017 submittal 
fulfilled the requirement to submit for the four CTGs and two ACTs 
which are identified in Table II-2 as rules that had not yet been 
adopted.
    For many source categories, the existing New Jersey rules have more 
stringent emission limits and/or lower thresholds of applicability than 
the recommendations contained in the CTG and ACT documents. New Jersey 
considers and certifies that its SIP approved regulations meet the RACT 
requirements for the 2008 8-hour ozone standard.

Source Categories Not Applicable in New Jersey

    In New Jersey's 2015 submittal, by comparing the list of existing 
CTGs with New Jersey's effective rules, and researching the New Jersey 
Environmental Management System (NJEMS) emission statements and 
permitting database for source categories by Standard Industrial Code 
(SIC), the State certifies that the following source-specific 
categories either do not exist in this State, or fall below significant 
emission unit applicability thresholds in the CTGs: (1) Manufacture of 
Vegetable Oils; \6\ (2)

[[Page 36820]]

Manufacture of Pneumatic Rubber Tires; (3) Aerospace Coatings; (4) 
Shipbuilding and Ship Repair Operations; (5) Metal Furniture Coatings; 
(6) Large Appliance Coatings; and (7) Auto and Light Duty Truck 
Original Equipment Manufacturer (OEM) Assembly Coatings.
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    \6\ The CTG for the manufacturing of vegetable oils was 
published in June 1978 (see EPA-450/2-78- 035) but in a March 1980 
guidance document, entitled ``Guidance for the Control of Volatile 
Organic Compounds Emitted by Ten Selected Source Categories,'' the 
EPA advised that the ``states are not required, at this time, to 
develop regulations for the vegetable oil manufacturing industry.'' 
The EPA guidance has not been revised since the March 1980 guidance. 
At this time, the EPA considers the vegetable oil CTG as only 
guidance for states when they need to develop attainment plans in 
nonattainment areas.
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Source-Specific RACT Determinations

    A source-specific RACT determination applies to sources that have 
obtained a facility-specific emission limit or an alternative emission 
limit, i.e., a variance. A case-by-case RACT analysis is required for 
sources that are not defined by a specific source category covered by 
an existing state regulation, that are requesting a variance, or that 
are not addressed by a CTG. New Jersey's RACT regulations at N.J.A.C. 
7:27 Subchapter 19.13 for NOX and at Subchapter 16.17 for 
VOCs outline the process and conditions for granting a source-specific 
RACT determination. Under the CAA, these individual source-specific 
RACT determinations need to be submitted by the State as a SIP revision 
for the EPA's approval. Therefore, New Jersey included Table II-3 in 
its June 2015 RACT SIP submittal, a listing of VOC and NOX 
source facilities that are subject to a RACT source-specific SIP 
revision under the 8-hour ozone SIP and the corresponding emission 
limits, control technology and applicable regulation governing the RACT 
determinations. Consistent with the CAA, New Jersey submitted to the 
EPA SIP revisions that included the source-specific RACT revisions 
identified in Table II-3 of the 2015 RACT SIP submittal. The EPA has 
approved some of those revisions and is performing its technical review 
of the remainder of the submittals and will take separate rulemaking 
actions for each of the source-specific determinations (see 40 CFR 
52.1570 (d) ``EPA approved State source-specific requirements'').

New Jersey's Control and Prohibition of Air Pollution by Volatile 
Organic Compounds

    New Jersey's December 14, 2017 submittal, which included amendments 
to N.J.A.C. 7:27, Subchapter 16, addresses sources subject to four CTGs 
for source categories represented in New Jersey: Industrial Cleaning 
Solvents (ICS), CTG issued September 2006 (EPA 453/R-06-001); Paper, 
Film, and Foil Coatings (PFFC), CTG issued September 2007 (EPA 453/R-
07-003); Miscellaneous Metal and Plastic Parts Coatings (MMPPC), CTG 
issued September 2008 (EPA 453/R-08-003); and Fiberglass Boat 
Manufacturing Materials (FBMM), CTG issued September 2008 (EPA-453/R-
08-004). The VOC emission limits adopted by New Jersey and set forth in 
Subchapter 16 are as effective in regulating the source categories as 
the EPA's CTG documents.

Industrial Cleaning Solvents (ICS)

    The EPA issued a CTG for industrial cleaning solvents in 2006 that 
includes recommended control techniques. This category includes the 
industrial cleaning solvents used by many industries. It includes a 
variety of products that are used to remove contaminants such as 
adhesives, inks, paint, dirt, soil, oil and grease. The recommended 
measures for controlling VOC emissions from the use, storage and 
disposal of industrial cleaning solvents include work practice 
standards, limitations on VOC content of the cleaning materials, and an 
optional alternative limit on composite vapor pressure of the cleaning 
materials. They also include the use of add-on controls with an overall 
emission reduction of at least 85 percent by mass.
    Based on the EPA CTG, New Jersey adopted new rules N.J.A.C. 7:27-
16.24 which specifies VOC content and vapor pressure limits for 
solvents used in solvent cleaning activities conducted to remove 
material through wiping, flushing, or spraying. Facilities can be 
exempt by annual industrial cleaning solvent usage, based on a purchase 
limit, and by source operation type. Compliance can be achieved by 
meeting a maximum VOC content, a maximum VOC composite vapor pressure, 
or a minimum control efficiency. Applicable facilities must implement 
best management practices, which include keeping cleaning materials in 
closed containers when not in use. Recordkeeping must be maintained 
which demonstrates compliance. The EPA proposes to find that New 
Jersey's adopted ICS rules are as effective in regulating the source 
category as the EPA's CTG document.

Paper, Film, and Foil Coatings (PFFC)

    The EPA issued a 2007 CTG for paper, film and foil coatings. 
Previous Federal actions that affected this source category included a 
1977 CTG for controlling VOC emissions from surface coating of paper, 
the 1983 new source performance standards (NSPS) for surface coating of 
pressure sensitive tape and labels (a subset of this category), and a 
2002 National Emissions Standards for Hazardous Air Pollutants (NESHAP) 
for paper and other web coating. The EPA recommends applying the 
control recommendations for coatings only to individual paper, film and 
foil surface coating lines with the potential to emit at least 25 tons 
per year (tpy) of VOC from coatings, prior to controls. The EPA 
recommends an overall VOC control efficiency of 90 percent as RACT for 
each coating line.
    New Jersey adopted amendments to N.J.A.C. 7:27-16.7, based on the 
CTG, which requires paper, film, and foil coating operations to 
implement best management practices if the actual VOC emissions exceed 
15 pounds per day for all coating operations. The EPA proposes to find 
that New Jersey's adopted PFFC rules are as effective in regulating the 
source category as the EPA's CTG document.

Miscellaneous Metal and Plastic Parts Coatings (MMPPC)

    The EPA issued a 2008 CTG for miscellaneous metal and plastic parts 
coatings. The CTG recommended three options for controlling VOC 
emissions: (1) VOC content limits for each coating category based on 
the use of low-VOC content coatings and specified application methods 
to achieve good transfer efficiency; (2) equivalent VOC emission rate 
limits based on the use of a combination of low-VOC coatings, specified 
application methods, and add-on controls; or (3) an overall VOC control 
efficiency of 90 percent for facilities that choose to use add-on 
controls instead of low-VOC Content coatings and specified application 
methods. In addition, the EPA recommended work practices to further 
reduce VOC emissions from coatings as well as to minimize emissions 
from cleaning materials used in miscellaneous metal product and plastic 
part surface coating processes.
    New Jersey adopted new rules at N.J.A.C. 7:27-16.15, based on the 
EPA CTG, which specify an applicability limit of 2.7 tons of actual VOC 
emissions during any consecutive 12-month period from all miscellaneous 
metal and plastic part coating operations, including related cleaning 
activities. Compliance can be achieved by either meeting the maximum 
allowable VOC content, achieving a minimum 90 percent overall control 
efficiency, or meeting a minimum overall control efficiency which is 
based upon the characteristics of the coating. Exemptions include 
surface coating

[[Page 36821]]

operations that exclusively use powder coating and metal parts coatings 
which must comply with a military specification that has been 
formulated to meet a higher, less stringent VOC content. Applicable 
facilities must implement best management practices, which include 
keeping cleaning materials in closed containers when not in use. 
Recordkeeping must be maintained which demonstrates compliance. The EPA 
proposes to find that New Jersey's adopted MMPPC rules are as effective 
in regulating the source category as the EPA's CTG document.\7\
---------------------------------------------------------------------------

    \7\ New Jersey's rule includes a partial exemption for military 
specification coatings from the new VOC limits for metal parts and 
products, at N.J.A.C. 7:27-16.15(c)(1). N.J.A.C. 7:27-
16.15(c)(3)(vii) exempts any military specification coating that has 
been formulated to meet a higher, less stringent VOC content limit. 
Additional exceptions include less stringent VOC content limits for 
extreme high gloss topcoat (craft) and other substrate antifoulant 
coating than those recommended in the MMPPC CTG. This departure from 
the MMPPC CTG recommendation is based on EPA guidance memo ``Control 
Technique Guidelines for Miscellaneous Metal and Plastic Part 
Coatings--Industry Request for Reconsideration''.
---------------------------------------------------------------------------

Fiberglass Boat Manufacturing Materials (FBMM)

    The EPA issued a CTG in 2008 that provides control recommendations 
for reducing VOC emissions from the use of gel coats, resins, and 
materials used to clean application equipment in fiberglass boat 
manufacturing operations. The CTG recommends the use of low-VOC content 
(monomer and non-monomer VOC) resin and gel coats with specified 
application methods. The CTG recommends the use of covers on mixing 
containers to further reduce VOC emissions from gel coats and resins. 
The CTG also recommends the use of low-VOC and low vapor pressure 
cleaning materials. Because the CTG recommendations are based on the 
2001 National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for boat manufacturing, those facilities that are major sources of HAP 
are already complying with the 2001 NESHAP and have already adopted 
these control measures. Because the 2001 NESHAP does not apply to area 
sources, area source fiberglass boat manufacturing facilities are not 
currently required to implement the measures provided in the NESHAP and 
recommended in the CTG. There are boat manufacturing facilities in 
ozone nonattainment areas that meet the applicability threshold in the 
CTG and would provide VOC emission reductions when the CTG recommended 
controls are applied. These control approaches are recommended for all 
fiberglass boat manufacturing facilities where total actual VOC 
emissions from all fiberglass boat manufacturing operations are equal 
to or exceed 15 pounds per day.
    New Jersey adopted new rules at N.J.A.C. 7:27-16.14, based on the 
EPA CTG, which establish an applicability limit of actual VOC 
emissions, before add-on control, of 15 pounds per day from all 
fiberglass boat manufacturing operations. Exemptions include production 
of vessels that must meet military specifications and production of 
parts of boats that do not involve the manufacture of fiberglass. 
Compliance can be achieved by meeting a maximum monomer VOC content 
standard, meeting a maximum monomer VOC mass emission rate, or 
installation of a VOC control apparatus. Recordkeeping must be 
maintained which demonstrates compliance. The EPA proposes to find that 
New Jersey's adopted FBMM rules are as effective in regulating the 
source category as the EPA's CTG document.

New Jersey's Control and Prohibition of Air Pollution by Oxides of 
Nitrogen (Subchapter 19)

    New Jersey's December 14, 2017 submittal, which included amendments 
to N.J.C.A. 7:27, Subchapter 19, establishes more stringent limits on 
NOX emissions from existing simple cycle combustion turbines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities and stationary reciprocating engines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities. The EPA proposes to find that the NOx 
emission limits adopted by New Jersey and set forth in their December 
14, 2017 submittal are as effective in regulating the source categories 
as the EPA's recommendations and guidance.

Stationary Natural Gas Compressor Turbines and Reciprocating Engines

    In New Jersey's December 14, 2017 submittal, New Jersey adopted 
amendments to its rules for stationary gas turbines and engines. New 
Jersey amended N.J.A.C. 7:27-19.5 by adopting new standards for 
NOX emissions from existing simple cycle combustion turbines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities (compressor turbines). The standard provides, 
at 7:27-19.5(l) that, beginning November 6, 2019, any simple cycle 
combustion turbine combustion natural gas and compressing gaseous fuel 
at a major NOX facility shall not emit more than 42 ppm by 
volume, dry basis (ppmvd), of NOX corrected to 15 percent 
oxygen. NJDEP amended N.J.A.C. 7:27-19.8 by adopting new standards for 
NOX emissions from stationary reciprocating engines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities (compressor engines). The standard provides, 
at 7:27-19.8 (g), that beginning November 6, 2019, the owner or 
operator of a two-stroke lean burn engine capable of producing an 
output of 200 brake horsepower (bhp) or more but less than 500 bhp, 
combusting natural gas, and compressing gaseous fuel at a major 
NOX facility shall cause it to emit no more than 3.0 grams 
NOX/brake horsepower-hour (bhp-hr). The standard also 
provides, at 7:27-19.8 (h), that beginning November 6, 2019, the owner 
or operator of a four-stroke lean burn engine or four-stroke rich burn 
engine capable of producing an output of 200 bhp or more but less than 
500 bhp, combusting natural gas, and compressing gaseous fuel at a 
major NOX facility shall cause it to emit no more than 2.0 
grams NOX/bhp-hr.
    The EPA proposes to find that the adopted rules are consistent with 
EPA guidance and address NOX RACT requirements by 
establishing new limits on NOX emissions from existing 
simple cycle combustion turbines combusting natural gas and compressing 
gaseous fuel at major NOX facilities and stationary 
reciprocating engines combusting natural gas and compressing gaseous 
fuel at major NOX facilities.

Nitrogen Oxide (NOX) Reasonably Available Control Technology 
(RACT) and Volatile Organic Compounds (VOC) RACT Certification

    In New Jersey's January 2, 2018 submittal, the State certified that 
they have addressed RACT requirements for the 2008 75 ppb 8-hour ozone 
NAAQS supported by their June 11, 2015 and December 14, 2017 
submittals. EPA proposes to find that New Jersey has demonstrated that 
it has met the NOX RACT and VOC RACT requirements. In some 
instances, New Jersey has gone beyond RACT by adopting control measures 
more stringent than the Federal rules and CTGs.
    New Jersey's VOC RACT rules cover source categories such as VOC 
stationary storage tanks, gasoline transfer operations, VOC transfer 
operations other than gasoline, marine tank vessel loading and 
ballasting operations, open tanks and solvent cleaning operations, 
surface coating and graphic arts operations, boilers, stationary 
combustion turbines, stationary reciprocating engines, asphalt pavement 
production plants, surface coating operations at mobile equipment 
repair and finishing facilities, flares, other source operations, leak 
detection and repair, application of cutback and emulsified asphalts, 
petroleum solvent

[[Page 36822]]

dry cleaning operations, natural gas pipelines, and their 
NOX RACT cover source categories such as boilers serving 
electric generating units, stationary combustion turbines, industrial/
commercial/institutional boilers and other indirect heat exchangers, 
stationary reciprocating engines, asphalt pavement production plants, 
glass manufacturing furnaces, emergency generators, municipal solid 
waste (MSW) incinerators and sewage sludge incinerators. These RACT 
controls that have been promulgated in N.J.A.C. 7:27, have been 
approved by the EPA as part of New Jersey's SIP most recently on August 
3, 2010 \8\ and December 22, 2010.\9\
---------------------------------------------------------------------------

    \8\ 75 FR 45483.
    \9\ 75 FR 80340.
---------------------------------------------------------------------------

Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program 
Certification

    In New Jersey's January 2, 2018 submission, the State certifies 
that its state-wide rules at N.J.A.C. 7:27-14 and 15, N.J.A.C. 7:27B-4 
and B-5 and the Motor Vehicle Commission (MVC) rules at N.J.A.C. 13:20-
43, satisfy Federal requirements for an enhanced motor vehicle I/M 
Program for the 2008 75 ppb 8-hour ozone NAAQS.
    Four categories of vehicles are subject to the enhanced I/M 
program: light-duty gasoline-fueled vehicles, heavy-duty gasoline-
fueled vehicles, light-duty diesel-powered vehicles and heavy-duty 
diesel-powered vehicles. Within each category are commercial and non-
commercial vehicles.
    EPA approved New Jersey's enhanced I/M program as meeting 
applicable requirements of the CAA. 67 FR 2811. On April 3, 2009 and 
September 9, 2016, New Jersey adopted amendments to its enhanced I/M 
Program. The EPA approved these amendments into the SIP. 83 FR 21174 
(May 9, 2018).

Emission Statement Program Certification

    In New Jersey's January 2018 submittal, the State certifies that 
its state-wide rules at N.J.A.C. 7:27-21 satisfy Federal requirements 
for an emission statement program for the 2008 75 ppb 8-hour ozone 
NAAQS. The EPA most recently approved a revision to Subchapter 21 into 
the SIP on August 3, 2010.\10\
---------------------------------------------------------------------------

    \10\ 75 FR 45483.
---------------------------------------------------------------------------

    The EPA stated in the 2008 ozone implementation rule that if an 
area has a previously approved emission statement rule in force for the 
1997 ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of 
the nonattainment area for the 2008 ozone NAAQS, such rule should be 
sufficient for purposes of the emissions statement requirement for the 
2008 ozone NAAQS.
    N.J.A.C. 7:27-21 requires the submission of annual emission 
statements from major facilities. From these statements, the Department 
develops reports of emissions of all criteria pollutants and submits 
them to the EPA pursuant to the Federal Air Emission Reporting 
Requirements (AERR) Rule for uploading to the EPA's National Emission 
Inventory (NEI).

Federal Nonattainment New Source Review (NNSR) Program Certification

    In New Jersey's January 2018 submission, the State certifies that 
its existing state-wide NNSR rules codified at N.J.A.C. 7:27-18, which 
regulate the New Jersey portions of the Northern NJ-NY-CT and Southern 
NJ-PA-DE-MD Nonattainment Areas for the 2008 75 ppb 8-hour ozone NAAQS 
are at least as stringent as the Federal requirements at 40 CFR 51.165 
for ozone and its precursors. See 80 FR 12264 (March 6, 2015). The EPA 
most recently approved a revision to Subchapter 18 into the SIP on July 
25, 1996.\11\ New Jersey's demonstration that its NNSR rules comply 
with the ozone specific Federal provisions is provided in Table 8-2 of 
its submission.
---------------------------------------------------------------------------

    \11\ 61 FR 38591.
---------------------------------------------------------------------------

IV. What is the EPA's evaluation of New Jersey's SIP submittals?

    New Jersey submitted a state-wide RACT assessment on June 11, 2015. 
The RACT submission from New Jersey consists of: (1) A certification 
that previously adopted RACT controls in New Jersey's SIP for various 
source categories that were approved by the EPA under the 1-hour and 
the 1997 8-hour ozone standards are based on the currently available 
technically and economically feasible controls and that they continue 
to represent RACT for the 2008 8-hour ozone standard for implementation 
purposes; (2) New Jersey's 14 existing case-by-case source specific 
limits, approved by the EPA for the 1997 8-hour ozone standard, which 
New Jersey indicates continue to meet RACT for the 2008 8-hour ozone 
standard; (3) a negative declaration that for certain CTGs and/or ACTs 
there are no sources within New Jersey or that there are no sources 
within New Jersey above the applicability threshold; and (4) a 
commitment to revise and adopt, and submit as a SIP revision, a new or 
more stringent regulation(s), incorporating four CTGs, if determined to 
be more effective than current New Jersey requirements, and to consider 
further limiting NOX emissions from natural gas compressor 
engines and turbines. New Jersey's December 14, 2017 submittal 
addresses the commitment for the four CTGs and two ACTs. New Jersey's 
January 8, 2018 SIP revision submittal certified, among other things, 
that the State's NOX RACT, VOC RACT, enhanced I/M program, 
emission statement program and ozone specific provisions NNSR program 
satisfy Federal regulations and are at least as stringent as the 
Federal requirements.
    The EPA has reviewed New Jersey's RACT analysis including the 
state-wide RACT analysis submitted on June 11, 2015, the December 14, 
2017 revisions and the January 2, 2018 certification that the State has 
adopted all applicable NOX RACT and VOC RACT. EPA proposes 
to find that these submissions fully address the OTR RACT requirements, 
the moderate RACT requirements for the NYMA and address the RACT 
requirements consistent with sections 172(c)(1), 182(b)(2) and 182(f) 
of the CAA, as interpreted by the EPA's regulations, guidance and 
policies. Also, the EPA has reviewed portions of New Jersey's January 
2, 2018 SIP submittal that certify the State has satisfied the 
requirements for an enhanced motor vehicle I/M program, an emission 
statement program and an ozone specific provisions NNSR program, and 
the EPA is proposing to approve the State's certifications.

V. What action is the EPA proposing?

    The EPA has evaluated the information provided by New Jersey and is 
proposing to approve New Jersey's state-wide RACT submittal dated June 
11, 2015 and the State's December 14, 2017 SIP revision rule, which 
include a declaration that the following source-specific categories 
either do not exist in this State, or fall below significant emission 
unit applicability thresholds in the CTGs: (1) Manufacture of Vegetable 
Oils; (2) Manufacture of Pneumatic Rubber Tires; (3) Aerospace 
Coatings; (4) Shipbuilding and Ship Repair Operations; (5) Metal 
Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and 
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly 
Coatings. The submittals also include amendments to N.J.A.C. 7:27, 
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air 
Pollution by Oxides of

[[Page 36823]]

Nitrogen,'' \12\ for purposes of satisfying the 2008 8-hour ozone 
standard RACT requirements, NOX RACT for major sources, Non-
CTG VOC RACT for major sources, all VOC CTG RACT sources and relevant 
OTR RACT requirements. The EPA is also proposing to approve portions of 
New Jersey's January 2, 2018 SIP revision that certifies the State has 
satisfied the requirements for an enhanced motor vehicle I/M program, 
an emission statement program, an ozone specific provisions NNSR 
program. As indicated in footnote 5, above, the EPA will address the 
remainder of the January 2, 2018 SIP submittal in a separate 
rulemaking.
---------------------------------------------------------------------------

    \12\ State Effective dates for both rules is November 6, 2017 
(49 N.J.R. 3518).
---------------------------------------------------------------------------

    The EPA is soliciting public comments on the issues discussed in 
this proposal. These comments will be considered before the EPA takes 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments as discussed in the 
ADDRESSES section of this rulemaking.

VI. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference of revisions to Title 7, Chapter 27: Subchapters 16 and 19 of 
the New Jersey Administrative Code that implements New Jersey's RACT 
regulations for VOCs and NOX, as described in section III of 
this preamble.
    The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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) and 13563 (76 FR 382, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempt under 
Executive Order 12866;
     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 CAA; 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 proposed rulemaking action, pertaining to New 
Jersey's 2008 8-hour ozone RACT submission the is not approved to apply 
on any Indian reservation land or in any other area where EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the rule does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone, 
Reporting and recordkeeping requirements, Volatile Organic Compounds.

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

    Dated: July 23, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-16378 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 36816                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 document (or documents) in the Federal                   we receive more registrations than we                 Register. You may access the official
                                                 Register announcing the specific topics                  are able to accommodate, the                          edition of the Federal Register and the
                                                 for which we intend to establish the                     Department reserves the right to reject               Code of Federal Regulations via the
                                                 negotiated rulemaking committee and a                    the registration of an entity or                      Federal Digital System at: www.gpo.gov/
                                                 request for nominations for individual                   individual that is affiliated with an                 fdsys. At this site you can view this
                                                 negotiators for the committee who                        entity or individual that is already                  document, as well as all other
                                                 represent the communities of interest                    scheduled to present comments, and to                 documents of this Department
                                                 that would be significantly affected by                  select among registrants to ensure that a             published in the Federal Register, in
                                                 the proposed regulations. We will also                   broad range of entities and individuals               text, or Portable Document Format
                                                 announce the specific topics for which                   is allowed to present. We will accept                 (PDF). You may also access documents
                                                 we intend to establish subcommittees                     registrations for any remaining time                  of the Department published in the
                                                 and request nominations for individuals                  slots on a first-come, first-served basis,            Federal Register by using the article
                                                 with pertinent expertise to participate                  beginning at 8:30 a.m. on the day of the              search feature at:
                                                 on the subcommittees. This document                      public hearing at the Department’s on-                www.federalregister.gov. Specifically,
                                                 will also be posted on the Department’s                  site registration table. Registration is not          through the advanced search feature at
                                                 website at: www2.ed.gov/policy/                          required to observe the public hearings;              this site, you can limit your search to
                                                 highered/reg/hearulemaking/2018/                         however, space may be limited.                        documents published by the
                                                 index.html.                                                 The Department will post transcripts               Department.
                                                                                                          of the hearings to www2.ed.gov/policy/
                                                 Public Hearings                                          highered/reg/hearulemaking/2018/                        Program Authority: 20 U.S.C. 1098a.
                                                    We will hold three public hearings for                index.html. Although the Department                   Diane Auer Jones,
                                                 interested parties to discuss the                        will not be video recording the hearings,             Principal Deputy Under Secretary Delegated
                                                 rulemaking agenda. The public hearings                   speakers should be aware that, since                  to Perform the Duties of Under Secretary and
                                                 will be held:                                            these are public meetings, they may be                Assistant Secretary, Office of Postsecondary
                                                    • September 6, 2018, at the U.S.                      filmed or recorded by members of the                  Education.
                                                 Department of Education, 400 Maryland                    public.                                               [FR Doc. 2018–15929 Filed 7–30–18; 8:45 am]
                                                 Ave. SW, Barnard Auditorium,                                Speakers may submit written                        BILLING CODE 4000–01–P
                                                 Washington, DC 20202.                                    comments at the public hearings. In
                                                    • September 11, 2018, at Xavier                       addition, the Department will accept
                                                 University, Convocation Center Annex,                    written comments via the Federal                      ENVIRONMENTAL PROTECTION
                                                 Room 111, Building 62, 7800                              eRulemaking portal, and by postal mail,               AGENCY
                                                 Washington Ave., New Orleans, LA                         commercial delivery, or hand delivery.
                                                 70125.                                                   (See the ADDRESSES section of this                    40 CFR Part 52
                                                    • September 13, 2018, at Gateway                      document for submission information.)
                                                 Technical College, SC Johnson iMET                                                                             [EPA–R02–OAR–2018–0549; FRL–9981–
                                                 Center, 2320 Renaissance Blvd.,                          Schedule for Negotiations                             62—Region 2]
                                                 Sturtevant, WI 53177.                                       We anticipate that any committee
                                                    The Washington, DC public hearing                                                                           Approval and Promulgation of
                                                                                                          established after the public hearings
                                                 will be held from 9:00 a.m. to 4:00 p.m.,                                                                      Implementation Plans; New Jersey;
                                                                                                          will begin negotiations in January of
                                                 Eastern Daylight Time. The New                                                                                 Elements for the 2008 8-Hour Ozone
                                                                                                          2019, with the committee meeting for
                                                 Orleans, LA and Sturtevant, WI public                                                                          National Ambient Air Quality
                                                                                                          up to three sessions of three days each
                                                 hearings will be held from 9:00 a.m. to                                                                        Standards
                                                                                                          at roughly four- to eight-week intervals.
                                                 1:00 p.m., Central Daylight Time.                        The Department will post transcripts                  AGENCY:  Environmental Protection
                                                 Further information on the public                        and audio of the sessions to                          Agency (EPA).
                                                 hearing sites is available at                            www2.ed.gov/policy/highered/reg/                      ACTION: Proposed rule.
                                                 www2.ed.gov/policy/highered/reg/                         hearulemaking/2018/index.html. We
                                                 hearulemaking/2018/index.html.                           anticipate that any subcommittees                     SUMMARY:   The Environmental Protection
                                                    Individuals who would like to present                 established will begin meeting in                     Agency (EPA) is proposing to approve
                                                 comments at the public hearings must                     January or February, after the first                  several State Implementation Plan (SIP)
                                                 register by sending an email to                          meeting of the committee. The                         revisions submitted by the State of New
                                                 negreghearing@ed.gov. The email                          committee and subcommittees will meet                 Jersey for purposes of implementing
                                                 should include the name of the                           in the Washington, DC area. The dates                 Reasonably Available Control
                                                 presenter along with the public hearing                  and locations of these meetings will be               Technology (RACT) for the 2008 8-hour
                                                 at which the individual would like to                    published in a subsequent notice in the               ozone National Ambient Air Quality
                                                 speak, the general topic(s) the                          Federal Register, and will be posted on               Standard (NAAQS). The EPA is
                                                 individual would like to address, and a                  the Department’s website at:                          proposing to approve New Jersey’s SIP
                                                 general timeframe during which the                       www2.ed.gov/policy/highered/reg/                      revision for the control and prohibition
                                                 individual would like to speak (for                      hearulemaking/2018/index.html.                        of air pollution by volatile organic
                                                 example, a presenter could indicate                         Accessible Format: Individuals with                compounds (VOCs) and control and
                                                 morning or afternoon, or before 11:00                    disabilities can obtain this document in              prohibition of air pollution by oxides of
                                                 a.m. or after 3:00 p.m.). We will make                   an accessible format by contacting                    nitrogen (NOX), as they are intended to
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the determination on a first-come, first-                Aaron Washington, U.S. Department of                  satisfy certain control technique
                                                 served basis, based on the time and date                 Education, 400 Maryland Ave. SW,                      guideline (CTG) and NOX RACT
                                                 the email was received. Each participant                 Room 281–13, Washington, DC 20202.                    categories. The EPA is proposing to
                                                 will be limited to five minutes. The                     Telephone: (202) 203–9155. Email:                     approve New Jersey’s certification that
                                                 Department will notify registrants of the                Aaron.Washington@ed.gov.                              there are no sources within the State for
                                                 date and time slot reserved for them. An                    Electronic Access to This Document:                the following CTGs: Manufacture of
                                                 individual may make only one                             The official version of this document is              Vegetable Oils; Manufacture of
                                                 presentation at the public hearings. If                  the document published in the Federal                 Pneumatic Rubber Tires; Aerospace


                                            VerDate Sep<11>2014   16:40 Jul 30, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                          Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                                  36817

                                                 Coatings; Shipbuilding and Ship Repair                   SUPPLEMENTARY INFORMATION: The                        RACT requirements for the 2008 ozone
                                                 Operations; Metal Furniture Coatings;                    Supplementary Information section is                  NAAQS have been fulfilled for sources
                                                 Large Appliance Coatings; and Auto and                   arranged as follows:                                  subject to the four CTGs identified
                                                 Light Duty Truck Original Equipment                                                                            above that were not addressed in the
                                                                                                          Table of Contents
                                                 Manufacturer Assembly Coatings. In                                                                             June 11, 2015 submittal. The EPA is
                                                 addition, the EPA is proposing to                        I. What action is the EPA proposing?                  proposing to approve New Jersey’s June
                                                 approve New Jersey’s RACT SIP as it                      II. What is the background for this proposed          11, 2015 RACT SIP as it applies to non-
                                                                                                               rulemaking?                                      CTG major sources of VOCs and to
                                                 applies to non-CTG major sources of                      III. What did New Jersey submit?
                                                 VOCs and major sources of NOX. The                       IV. What is the EPA’s evaluation of New
                                                                                                                                                                major sources of NOX. The EPA is
                                                 EPA is also proposing to approve the                          Jersey’s SIP submittals?                         proposing to approve New Jersey’s
                                                 other portions of the comprehensive SIP                  V. What action is the EPA proposing?                  December 14, 2017 submittal addressing
                                                 revision submitted by New Jersey that                    VI. Incorporation by Reference                        the aforementioned four CTGs and
                                                 certify that the State has satisfied the                 VII. Statutory and Executive Order Reviews            establishing new limits on NOX
                                                 requirements for an enhanced motor                                                                             emissions.
                                                                                                          I. What action is the EPA proposing?                     Also, the EPA is proposing to approve
                                                 vehicle Inspection and Maintenance
                                                                                                             The EPA is proposing to approve a                  the portions of New Jersey’s SIP revision
                                                 program, certify that the State has
                                                                                                          State Implementation Plan (SIP)                       submitted on January 2, 2018,3 that
                                                 satisfied the requirements for an
                                                                                                          revision submitted by the State of New                certifies the State has satisfied the
                                                 emission statement program, certify that
                                                                                                          Jersey on June 11, 2015, for purposes of              requirements for a motor vehicle
                                                 the State has satisfied the requirements                 implementing Reasonably Available
                                                 for an ozone specific provisions                                                                               enhanced inspection and maintenance
                                                                                                          Control Technology (RACT) 1 for the                   (I/M) program, an emission statement
                                                 nonattainment new source review                          2008 8-hour ozone National Ambient
                                                 program, and show the State has                                                                                program, an ozone specific provisions
                                                                                                          Air Quality Standard (NAAQS or                        nonattainment new source review
                                                 adopted all NOX RACT and VOC RACT,                       standard). New Jersey’s June 11, 2015
                                                 as it pertains to the 2008 8-hour ozone                                                                        (NNSR) program, and that the State has
                                                                                                          SIP submittal consists of a showing that              adopted all applicable NOX RACT and
                                                 NAAQS. These actions are being taken                     the State meets the RACT requirements                 VOC RACT, submitted in the ‘‘1997 84
                                                 in accordance with the requirements of                   for the two precursors for ground-level               ppb and 2008 75 ppb 8-Hour Ozone
                                                 the Clean Air Act.                                       ozone, i.e., oxides of nitrogen (NOX) and             Attainment Demonstration Northern
                                                 DATES: Written comments must be                          volatile organic compounds (VOCs), set                New Jersey-New York-Connecticut
                                                 received on or before August 30, 2018.                   forth by the Clean Air Act (CAA or Act)               Nonattainment Area and Nonattainment
                                                                                                          with respect to the 2008 ozone standard.              New Source Review (NNSR) Program
                                                 ADDRESSES:   Submit your comments,                          This action addresses New Jersey SIP               Compliance Certification New Jersey
                                                 identified by Docket ID Number EPA–                      submittals dated June 11, 2015,                       Statewide’’ SIP revision.
                                                 R02–OAR–2018–0549 at http://                             December 14, 2017, and January 2, 2018.                  The EPA proposes that New Jersey’s
                                                 www.regulations.gov. Follow the online                   In the June 11, 2015 SIP submittal, the               SIP submittals are consistent with the
                                                 instructions for submitting comments.                    State indicates that the RACT                         EPA’s guidance documents as well as
                                                 Once submitted, comments cannot be                       requirements for the 2008 ozone                       the EPA’s CTG and Alternative Control
                                                 edited or removed from Regulations.gov.                  NAAQS have been fulfilled with the                    Technique (ACT) documents and are
                                                 The EPA may publish any comment                          exception of sources subject to four                  fully approvable as SIP-strengthening
                                                 received to its public docket. Do not                    Control Techniques Guidelines (CTGs)                  measures for New Jersey’s ozone SIP.
                                                 submit electronically any information                    for source categories represented in New
                                                 you consider to be Confidential                          Jersey: Industrial Cleaning Solvents                  II. What is the background for this
                                                 Business Information (CBI) or other                      (EPA 453/R–06–001); Paper, Film, and                  proposed rulemaking?
                                                 information whose disclosure is                          Foil Coatings (EPA 453/R–07–003);                        In 2008, the EPA revised the health
                                                 restricted by statute. Multimedia                        Miscellaneous Metal and Plastic Parts                 based NAAQS for ozone, setting it at
                                                 submissions (audio, video, etc.) must be                 Coatings (EPA 453/R–08–003); and                      0.075 parts per million (ppm), or 75
                                                 accompanied by a written comment.                        Fiberglass Boat Manufacturing Materials               parts per billion (ppb), averaged over an
                                                 The written comment is considered the                    (EPA–453/R–08–004). The June 11, 2015                 8-hour time frame. The EPA determined
                                                 official comment and should include                      submittal also establishes new limits on              that the revised 8-hour standard would
                                                 discussion of all points you wish to                     NOX emissions from existing simple                    be more protective of human health,
                                                 make. The EPA will generally not                         cycle combustion turbines combusting                  especially with regard to children and
                                                 consider comments or comment                             natural gas and compressing gaseous                   adults who are active outdoors and
                                                 contents located outside of the primary                  fuel at major NOX facilities and                      individuals with a pre-existing
                                                 submission (i.e., on the web, cloud, or                  stationary reciprocating engines                      respiratory disease such as asthma.
                                                 other file sharing system). For                          combusting natural gas and compressing                   On May 21, 2012 (77 FR 30087), the
                                                 additional submission methods, the full                  gaseous fuel at major NOX facilities. In              EPA finalized its attainment/
                                                 EPA public comment policy,                               a submission received by the EPA on                   nonattainment designations for areas
                                                 information about CBI or multimedia                      December 14, 2017,2 titled ‘‘Control and              across the country with respect to the
                                                 submissions, and general guidance on                     Prohibition of Air Pollution by Volatile              2008 8-hour ozone standard. This action
                                                 making effective comments, please visit                  Organic Compounds and Oxides of                       became effective on July 20, 2012. The
                                                 http://www2.epa.gov/dockets/                             Nitrogen,’’ New Jersey indicates that the             two 8-hour ozone marginal
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                                                 commenting-epa-dockets.                                                                                        nonattainment areas located in New
                                                                                                            1 The EPA has defined RACT as the lowest            Jersey are the New York-Northern New
                                                 FOR FURTHER INFORMATION CONTACT:                         emission limitation that a particular source is       Jersey-Long Island, NY–NJ–CT
                                                 Omar Hammad, Environmental                               capable of meeting by the application of control
                                                                                                                                                                nonattainment area, also referred to as
                                                 Protection Agency, 290 Broadway, New                     technology that is reasonably available considering
                                                                                                          technological and economic feasibility (44 FR         the New York Metropolitan Area
                                                 York, New York 10007–1866, at (212)                      53762, September 17, 1979).
                                                 637–3347, or by email at                                   2 Submission cover letter dated November 30,          3 Submission cover letter dated December 22,

                                                 Hammad.Omar@epa.gov.                                     2017.                                                 2017.



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                                                 36818                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 (NYMA), and the Philadelphia-                            implementation rule indicates that                    of Nitrogen.’’ 3 The December 14, 2017
                                                 Wilmington-Atlantic City, PA–NJ–MD–                      states could meet RACT through the                    submittal includes the amendment to
                                                 DE nonattainment area. The New Jersey                    establishment of new or more stringent                N.J.A.C. 7:27, Subchapter 16, ‘‘Control
                                                 portion of the NYMA is comprised of                      requirements that meet RACT control                   and Prohibition of Air Pollution by
                                                 Bergen, Essex, Hudson, Hunterdon,                        levels, through a certification that                  Volatile Organic Compounds’’ and
                                                 Middlesex, Monmouth, Morris, Passaic,                    previously adopted RACT controls in                   Subchapter 19, ‘‘Control and Prohibition
                                                 Somerset, Sussex, Union and Warren                       their SIP approved by the EPA under a                 of Air Pollution by Oxides of Nitrogen’’
                                                 Counties. On May 4, 2016 (81 FR                          prior ozone NAAQS represents adequate                 that New Jersey committed to propose
                                                 26697), the EPA determined that the                      RACT control levels for attainment of                 and adopt in their June 11, 2015
                                                 NYMA did not attain the 2008 ozone                       the 2008 ozone NAAQS, or a                            submittal.
                                                 standard by the applicable attainment                    combination of these two approaches. In                  On January 2, 2018, New Jersey
                                                 date and is reclassified from a marginal                 addition, a state must submit a negative              submitted, for inclusion in the SIP, the
                                                 to a moderate nonattainment area. State                  declaration in instances where there are              ‘‘1997 84 ppb and 2008 75 ppb 8-Hour
                                                 attainment plans for moderate                            no CTG sources. The 2008 ozone                        Ozone Attainment Demonstration
                                                 nonattainment areas were due by                          implementation rule requires that states              Northern New Jersey-New York-
                                                 January 1, 2017. Since the NYMA has                      with nonattainment areas to submit                    Connecticut Nonattainment Area and
                                                 been reclassified to a moderate                          RACT SIPs to EPA within two years                     Nonattainment New Source Review
                                                 nonattainment area, New Jersey                           from the effective date of nonattainment              (NNSR) Program Compliance
                                                 submitted a new RACT determination as                    designation or by July 20, 2014.                      Certification New Jersey Statewide.’’ In
                                                 part of the State’s attainment                              The 2008 ozone implementation rule                 the January 2, 2018 submission New
                                                 demonstration for the 2008 ozone                         also states, among other things, that an              Jersey certifies, among other things, that
                                                 standard.                                                attainment demonstration should                       the State has satisfied the requirements
                                                    In areas classified as moderate or                    consist of a list of adopted measures                 for an enhanced motor vehicle I/M
                                                 areas located in the Ozone Transport                     (including RACT) with schedules for                   program, an emission statement
                                                 Region (OTR) (which includes all of                      implementation and other means and                    program, an ozone specific provisions
                                                 New Jersey) under the 8-hour ozone                       techniques necessary and appropriate                  NNSR program, and that the State has
                                                 standard, the definition for major                       for demonstrating attainment as                       adopted all applicable NOX RACT and
                                                 sources is 50 tons per year for VOC and                  expeditiously as practicable but no later             VOC RACT for the moderate NYMA.4
                                                 100 tons per year for NOX. New Jersey,                   than the outside attainment date for the                 In New Jersey’s June 11, 2015 RACT
                                                 however, has an emission threshold of                    area’s classification. New Jersey                     submittal, the State evaluated its
                                                 25 tons per year throughout the state for                submitted an attainment demonstration                 existing RACT regulations which were
                                                 purposes of the RACT analysis which                      SIP and EPA will act on it in a separate              adopted to meet the 1997 8-hour ozone
                                                 results in a more stringent evaluation of                rulemaking.                                           standard to ascertain whether the same
                                                 RACT.                                                                                                          regulations constitute RACT for the
                                                    Sections 172(c)(1) and 182(b)(2) of the               III. What did New Jersey submit?
                                                                                                                                                                2008 8-hour ozone standard. In making
                                                 CAA require states to implement RACT                        On June 11, 2015, the New Jersey
                                                                                                                                                                its new 8-hour ozone RACT
                                                 in areas classified as moderate (and                     Department of Environmental Protection
                                                                                                                                                                determination, New Jersey referenced
                                                 higher) nonattainment for ozone, while                   (NJDEP) submitted to the EPA a formal
                                                                                                                                                                EPA’s RACT guidance (‘‘Beyond
                                                 section 184(b)(1)(B) of the CAA requires                 revision to its SIP. The SIP revision
                                                                                                                                                                Volatile Organic Compound-Reasonably
                                                 RACT in states located in the OTR.                       consists of information documenting
                                                                                                                                                                Available Control Technology-Control
                                                 Specifically, these areas are required to                how New Jersey complied with the
                                                                                                                                                                Technology Guidelines Requirements,
                                                 implement RACT for all major VOC and                     RACT requirements for the 2008 8-hour
                                                                                                                                                                EPA–453/R–95–010, April 1995) and
                                                 NOX emission sources and for all                         ozone NAAQS, pertaining to the former
                                                                                                                                                                EPA’s proposed rule ‘‘Implementation
                                                 sources covered by a CTG. A CTG is a                     marginal classification for the NYMA. In
                                                                                                                                                                of the 2008 National Ambient Air
                                                 document issued by the EPA which                         its June 11, 2015 submittal, New Jersey
                                                                                                                                                                Quality Standards for Ozone: State
                                                 establishes a ‘‘presumptive norm’’ for                   certifies that the State’s submittal
                                                                                                          addresses the RACT requirements for                   Implementation Plan Requirements.’’ 78
                                                 RACT for a specific VOC source
                                                                                                          the 2008 8-hour ozone standard except                 FR 34178 (June 2013).5 Accordingly, the
                                                 category. A related set of documents,
                                                                                                          that it does not fulfill the requirements             basic framework for New Jersey’s June
                                                 ACT documents, exists primarily for
                                                                                                          of the CTGs for industrial cleaning                   11, 2015 RACT SIP determination is
                                                 NOX control requirements. States must
                                                                                                          solvents, paper film and foil coatings,               described as follows:
                                                 submit rules or negative declarations                                                                             • Identify all source categories
                                                 when the State has no such sources for                   fiberglass boat manufacturing materials,
                                                                                                                                                                covered by Control Technique
                                                 CTG source categories, but not for                       and miscellaneous metal and plastic
                                                                                                                                                                Guidelines (CTG) and Alternative
                                                 sources in ACT categories. However,                      parts coatings and the requirements of
                                                                                                                                                                Control Technique (ACT) documents.
                                                 RACT must be imposed on major                            the ACTs for stationary reciprocating                    • Identify applicable regulations that
                                                 sources of NOX, and some of those                        internal combustion engines and                       implement RACT.
                                                 major sources may be within a sector                     stationary gas turbines. In New Jersey’s                 • Certify that the existing level of
                                                 covered by an ACT document.                              June 2015 RACT submittal, the State                   controls for the 1997 8-hour ozone
                                                    On March 6, 2015 (80 FR 12264), the                   commits to revise New Jersey                          standard equals RACT under the 2008 8-
                                                 EPA published a final rule, herein                       Administrative Code, Title 7, Chapter 27              hour ozone standard in certain cases.
                                                 referred to as the ‘‘2008 ozone                          (N.J.A.C 7:27) Subchapter 16 and
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                                                 implementation rule,’’ that outlined the                 Subchapter 19 to address those                          3 Effective date November 6, 2017 (49 N.J.R.
                                                 obligations that areas found to be in                    requirements in a timely manner.                      3518).
                                                 nonattainment of the 2008 ozone                             On December 14, 2017, the EPA                        4 The EPA will act on the remainder of New

                                                 NAAQS needed to address. The 2008                        received New Jersey’s SIP revision,                   Jersey’s January 2, 2018 SIP revision submittal,
                                                 ozone implementation rule contains,                      ‘‘New Jersey’s Control and Prohibition                including the attainment demonstrations,
                                                                                                                                                                Reasonable Further Progress (RFP) requirements
                                                 among other things, a description of the                 of Air Pollution by Volatile Organic                  and other portions at a later date.
                                                 EPA’s expectations for states with RACT                  Compounds and Control and                               5 The EPA finalized the proposed rule. 80 FR

                                                 obligations. The 2008 ozone                              Prohibition of Air Pollution by Oxides                12264 (March 6, 2015).



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                                                                                   Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                                                               36819

                                                    • Declare that sources covered by a                                  and plastic parts coatings’’ and the two                                  3. Asphalt paving production plants
                                                 CTG and ACT do not exist within the                                     ACTs for ‘‘stationary reciprocating                                    [N.J.A.C. 7:27–19.9];
                                                 state and/or that RACT is not applicable                                internal combustion engines’’ and                                         4. Alternative VOC control
                                                 in certain cases.                                                       ‘‘stationary gas turbines.’’ The following                             requirements [N.J.A.C. 7:27–16.17];
                                                    • Identify and evaluate applicability                                discusses the results of New Jersey’s
                                                                                                                                                                                                   5. Alternative and facility-specific
                                                 of RACT to individual sources whose                                     analysis of RACT under the basic
                                                                                                                                                                                                NOX emission limits [N.J.A.C. 7:27–
                                                 source category does not have a                                         framework identified above.
                                                                                                                                                                                                19.13];
                                                 presumptive emission limit covered by                                   CTGs and ACTs
                                                 a state-wide regulation.                                                                                                                          6. Municipal solid waste (MSW)
                                                                                                                           New Jersey reviewed its existing                                     incinerators [N.J.A.C. 7:27–19.12]; and
                                                    • Identify potential RACT revisions.
                                                                                                                         RACT regulations adopted under the                                        7. Sewage sludge incinerators
                                                    In New Jersey’s June 11, 2015                                        1979 1-hour and 1997 8- hour ozone                                     [N.J.A.C. 7:27–19.28].
                                                 submittal, the State certified that all                                 standard to identify source categories
                                                 statewide RACT regulations, with the                                                                                                              New Jersey has determined that
                                                                                                                         covered by the EPA’s CTG and ACT
                                                 exception of four CTGs and two ACTs,                                                                                                           currently effective emission limits for
                                                                                                                         documents. New Jersey’s 2015 RACT
                                                 with SIP approved state effective dates                                                                                                        these source categories still represent
                                                                                                                         SIP submittal lists the CTG and ACT
                                                 prior to the date when the RACT                                                                                                                RACT in 2015 for the marginal
                                                                                                                         documents and corresponding State
                                                 analysis was performed in 2015, are                                                                                                            classification in the NYMA for the 75
                                                                                                                         RACT regulations that cover the CTG
                                                 RACT for the 2008 8-hour ozone                                                                                                                 ppb ozone standard.
                                                                                                                         and ACT sources included in New
                                                 NAAQS, because the RACT                                                 Jersey’s emissions inventory.                                             With the exception of the source
                                                 determinations issued by the State are                                    In 2009, New Jersey adopted VOC and                                  categories for which New Jersey has
                                                 consistent with the most recent control                                 NOX RACT for major non-CTG sources                                     made negative declarations, New Jersey
                                                 technology and economic                                                 located in the State. Those sources for                                has implemented RACT controls state-
                                                 considerations. The State’s December                                    which EPA guidance was not published,                                  wide for all CTGs that the EPA has
                                                 14, 2017 submittal addressed the                                        but for which the State established                                    issued as of June 2015 to meet the
                                                 requirements for the four CTGs; the CTG                                 RACT, include:                                                         requirements of the CAA. The following
                                                 for ‘‘industrial cleaning solvents,’’                                     1. High Electric Demand Day boilers                                  table lists the RACT controls that have
                                                 ‘‘paper film and foil coatings,’’                                       serving EGUs [N.J.A.C. 7:27–19.4];                                     been promulgated in N.J.A.C. 7:27 and
                                                 ‘‘fiberglass boat manufacturing                                           2. High Electric Demand Day turbines                                 the corresponding EPA SIP approval
                                                 materials,’’ and ‘‘miscellaneous metal                                  serving EGUs [N.J.A.C. 7:27–19.5];                                     dates.

                                                                                                                                                                                                                              EPA latest approval
                                                  N.J.A.C. 7:27 subchapter                                                                             Title                                                                         date

                                                 16.2 .................................    VOC stationary storage tanks ..............................................................................................          8/3/10,   75   FR   45483
                                                 16.3 .................................    Gasoline transfer operations ................................................................................................        8/3/10,   75   FR   45483
                                                 16.6 .................................    Open top tanks and solvent cleaning operations ................................................................                      8/3/10,   75   FR   45483
                                                 16.7 .................................    Surface coating and graphic arts operations .......................................................................                  8/3/10,   75   FR   45483
                                                 16.12 ...............................     Surface coating operations at mobile equipment repair and refinishing facilities ...............                                     8/3/10,   75   FR   45483
                                                 16.16 ...............................     Other source operations .......................................................................................................      8/3/10,   75   FR   45483
                                                 16.18 ...............................     Leak detection and repair ....................................................................................................       8/3/10,   75   FR   45483
                                                 16.19 ...............................     Application of cutback and emulsified asphalts ...................................................................                   8/3/10,   75   FR   45483
                                                 16.20 ...............................     Petroleum solvent dry cleaning operations ..........................................................................                 8/3/10,   75   FR   45483
                                                 19.4 .................................    Boilers serving electric generating units ..............................................................................             8/3/10,   75   FR   45483
                                                 19.5 .................................    Stationary combustion turbines ............................................................................................          8/3/10,   75   FR   45483
                                                 19.7 .................................    Industrial/commercial/institutional boilers and other indirect heat exchangers ...................                                   8/3/10,   75   FR   45483
                                                 19.8 .................................    Stationary reciprocating engines ..........................................................................................          8/3/10,   75   FR   45483
                                                 19.10 ...............................     Glass manufacturing furnaces .............................................................................................           8/3/10,   75   FR   45483
                                                 23 ....................................   Prevention of Air Pollution from Architectural Coatings Standards .....................................                            12/22/10,   75   FR   80340
                                                 24 ....................................   Consumer products ..............................................................................................................   12/22/10,   75   FR   80340
                                                 26 ....................................   Prevention of Air Pollution from Adhesives, Sealants, Adhesive Primers and Sealant                                                 12/22/10,   75   FR   80340
                                                                                             Primers.



                                                    New Jersey’s June 11, 2015 RACT                                      Table II–2 as rules that had not yet been                              New Jersey’s effective rules, and
                                                 submittal contains a table (see Table II–                               adopted.                                                               researching the New Jersey
                                                 2: RACT Certifications Based on                                            For many source categories, the                                     Environmental Management System
                                                 Existing EPA Guidance) listing all the                                  existing New Jersey rules have more                                    (NJEMS) emission statements and
                                                 CTG and ACT categories (67 categories                                   stringent emission limits and/or lower                                 permitting database for source
                                                 in total) and the corresponding State                                   thresholds of applicability than the                                   categories by Standard Industrial Code
                                                 regulations or negative declarations that                               recommendations contained in the CTG                                   (SIC), the State certifies that the
                                                 address the requirements. The EPA                                       and ACT documents. New Jersey                                          following source-specific categories
                                                 previously approved and incorporated                                    considers and certifies that its SIP                                   either do not exist in this State, or fall
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                                                 into the SIP all of the State’s regulations                             approved regulations meet the RACT                                     below significant emission unit
                                                                                                                         requirements for the 2008 8-hour ozone
                                                 identified in Table II–2 that address                                                                                                          applicability thresholds in the CTGs: (1)
                                                                                                                         standard.
                                                 CTGs and ACTs. New Jersey’s December                                                                                                           Manufacture of Vegetable Oils; 6 (2)
                                                 14, 2017 submittal fulfilled the                                        Source Categories Not Applicable in
                                                 requirement to submit for the four CTGs                                 New Jersey                                                               6 The CTG for the manufacturing of vegetable oils

                                                                                                                                                                                                was published in June 1978 (see EPA–450/2–78–
                                                 and two ACTs which are identified in                                      In New Jersey’s 2015 submittal, by                                   035) but in a March 1980 guidance document,
                                                                                                                         comparing the list of existing CTGs with                                                                               Continued




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                                                 36820                     Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 Manufacture of Pneumatic Rubber Tires;                   (ICS), CTG issued September 2006 (EPA                 standards (NSPS) for surface coating of
                                                 (3) Aerospace Coatings; (4) Shipbuilding                 453/R–06–001); Paper, Film, and Foil                  pressure sensitive tape and labels (a
                                                 and Ship Repair Operations; (5) Metal                    Coatings (PFFC), CTG issued September                 subset of this category), and a 2002
                                                 Furniture Coatings; (6) Large Appliance                  2007 (EPA 453/R–07–003);                              National Emissions Standards for
                                                 Coatings; and (7) Auto and Light Duty                    Miscellaneous Metal and Plastic Parts                 Hazardous Air Pollutants (NESHAP) for
                                                 Truck Original Equipment Manufacturer                    Coatings (MMPPC), CTG issued                          paper and other web coating. The EPA
                                                 (OEM) Assembly Coatings.                                 September 2008 (EPA 453/R–08–003);                    recommends applying the control
                                                                                                          and Fiberglass Boat Manufacturing                     recommendations for coatings only to
                                                 Source-Specific RACT Determinations
                                                                                                          Materials (FBMM), CTG issued                          individual paper, film and foil surface
                                                   A source-specific RACT                                 September 2008 (EPA–453/R–08–004).                    coating lines with the potential to emit
                                                 determination applies to sources that                    The VOC emission limits adopted by                    at least 25 tons per year (tpy) of VOC
                                                 have obtained a facility-specific                        New Jersey and set forth in Subchapter                from coatings, prior to controls. The
                                                 emission limit or an alternative                         16 are as effective in regulating the                 EPA recommends an overall VOC
                                                 emission limit, i.e., a variance. A case-                source categories as the EPA’s CTG                    control efficiency of 90 percent as RACT
                                                 by-case RACT analysis is required for                    documents.                                            for each coating line.
                                                 sources that are not defined by a                                                                                 New Jersey adopted amendments to
                                                 specific source category covered by an                   Industrial Cleaning Solvents (ICS)                    N.J.A.C. 7:27–16.7, based on the CTG,
                                                 existing state regulation, that are                         The EPA issued a CTG for industrial                which requires paper, film, and foil
                                                 requesting a variance, or that are not                   cleaning solvents in 2006 that includes               coating operations to implement best
                                                 addressed by a CTG. New Jersey’s RACT                    recommended control techniques. This                  management practices if the actual VOC
                                                 regulations at N.J.A.C. 7:27 Subchapter                  category includes the industrial                      emissions exceed 15 pounds per day for
                                                 19.13 for NOX and at Subchapter 16.17                    cleaning solvents used by many                        all coating operations. The EPA
                                                 for VOCs outline the process and                         industries. It includes a variety of                  proposes to find that New Jersey’s
                                                 conditions for granting a source-specific                products that are used to remove                      adopted PFFC rules are as effective in
                                                 RACT determination. Under the CAA,                       contaminants such as adhesives, inks,                 regulating the source category as the
                                                 these individual source-specific RACT                    paint, dirt, soil, oil and grease. The                EPA’s CTG document.
                                                 determinations need to be submitted by                   recommended measures for controlling
                                                 the State as a SIP revision for the EPA’s                VOC emissions from the use, storage                   Miscellaneous Metal and Plastic Parts
                                                 approval. Therefore, New Jersey                          and disposal of industrial cleaning                   Coatings (MMPPC)
                                                 included Table II–3 in its June 2015                     solvents include work practice                           The EPA issued a 2008 CTG for
                                                 RACT SIP submittal, a listing of VOC                     standards, limitations on VOC content                 miscellaneous metal and plastic parts
                                                 and NOX source facilities that are                       of the cleaning materials, and an                     coatings. The CTG recommended three
                                                 subject to a RACT source-specific SIP                    optional alternative limit on composite               options for controlling VOC emissions:
                                                 revision under the 8-hour ozone SIP and                  vapor pressure of the cleaning materials.             (1) VOC content limits for each coating
                                                 the corresponding emission limits,                       They also include the use of add-on                   category based on the use of low-VOC
                                                 control technology and applicable                        controls with an overall emission                     content coatings and specified
                                                 regulation governing the RACT                            reduction of at least 85 percent by mass.             application methods to achieve good
                                                 determinations. Consistent with the                         Based on the EPA CTG, New Jersey                   transfer efficiency; (2) equivalent VOC
                                                 CAA, New Jersey submitted to the EPA                     adopted new rules N.J.A.C. 7:27–16.24                 emission rate limits based on the use of
                                                 SIP revisions that included the source-                  which specifies VOC content and vapor                 a combination of low-VOC coatings,
                                                 specific RACT revisions identified in                    pressure limits for solvents used in                  specified application methods, and add-
                                                 Table II–3 of the 2015 RACT SIP                          solvent cleaning activities conducted to              on controls; or (3) an overall VOC
                                                 submittal. The EPA has approved some                     remove material through wiping,                       control efficiency of 90 percent for
                                                 of those revisions and is performing its                 flushing, or spraying. Facilities can be              facilities that choose to use add-on
                                                 technical review of the remainder of the                 exempt by annual industrial cleaning                  controls instead of low-VOC Content
                                                 submittals and will take separate                        solvent usage, based on a purchase                    coatings and specified application
                                                 rulemaking actions for each of the                       limit, and by source operation type.                  methods. In addition, the EPA
                                                 source-specific determinations (see 40                   Compliance can be achieved by meeting                 recommended work practices to further
                                                 CFR 52.1570 (d) ‘‘EPA approved State                     a maximum VOC content, a maximum                      reduce VOC emissions from coatings as
                                                 source-specific requirements’’).                         VOC composite vapor pressure, or a                    well as to minimize emissions from
                                                                                                          minimum control efficiency. Applicable                cleaning materials used in
                                                 New Jersey’s Control and Prohibition of
                                                                                                          facilities must implement best                        miscellaneous metal product and plastic
                                                 Air Pollution by Volatile Organic
                                                                                                          management practices, which include                   part surface coating processes.
                                                 Compounds                                                                                                         New Jersey adopted new rules at
                                                                                                          keeping cleaning materials in closed
                                                   New Jersey’s December 14, 2017                         containers when not in use.                           N.J.A.C. 7:27–16.15, based on the EPA
                                                 submittal, which included amendments                     Recordkeeping must be maintained                      CTG, which specify an applicability
                                                 to N.J.A.C. 7:27, Subchapter 16,                         which demonstrates compliance. The                    limit of 2.7 tons of actual VOC
                                                 addresses sources subject to four CTGs                   EPA proposes to find that New Jersey’s                emissions during any consecutive 12-
                                                 for source categories represented in New                 adopted ICS rules are as effective in                 month period from all miscellaneous
                                                 Jersey: Industrial Cleaning Solvents                     regulating the source category as the                 metal and plastic part coating
                                                                                                          EPA’s CTG document.                                   operations, including related cleaning
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                                                 entitled ‘‘Guidance for the Control of Volatile                                                                activities. Compliance can be achieved
                                                 Organic Compounds Emitted by Ten Selected                Paper, Film, and Foil Coatings (PFFC)                 by either meeting the maximum
                                                 Source Categories,’’ the EPA advised that the ‘‘states
                                                 are not required, at this time, to develop regulations      The EPA issued a 2007 CTG for paper,               allowable VOC content, achieving a
                                                 for the vegetable oil manufacturing industry.’’ The      film and foil coatings. Previous Federal              minimum 90 percent overall control
                                                 EPA guidance has not been revised since the March        actions that affected this source category            efficiency, or meeting a minimum
                                                 1980 guidance. At this time, the EPA considers the
                                                 vegetable oil CTG as only guidance for states when
                                                                                                          included a 1977 CTG for controlling                   overall control efficiency which is based
                                                 they need to develop attainment plans in                 VOC emissions from surface coating of                 upon the characteristics of the coating.
                                                 nonattainment areas.                                     paper, the 1983 new source performance                Exemptions include surface coating


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                                                                           Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                         36821

                                                 operations that exclusively use powder                   all fiberglass boat manufacturing                     engines combusting natural gas and
                                                 coating and metal parts coatings which                   operations are equal to or exceed 15                  compressing gaseous fuel at major NOX
                                                 must comply with a military                              pounds per day.                                       facilities (compressor engines). The
                                                 specification that has been formulated                      New Jersey adopted new rules at                    standard provides, at 7:27–19.8 (g), that
                                                 to meet a higher, less stringent VOC                     N.J.A.C. 7:27–16.14, based on the EPA                 beginning November 6, 2019, the owner
                                                 content. Applicable facilities must                      CTG, which establish an applicability                 or operator of a two-stroke lean burn
                                                 implement best management practices,                     limit of actual VOC emissions, before                 engine capable of producing an output
                                                 which include keeping cleaning                           add-on control, of 15 pounds per day                  of 200 brake horsepower (bhp) or more
                                                 materials in closed containers when not                  from all fiberglass boat manufacturing                but less than 500 bhp, combusting
                                                 in use. Recordkeeping must be                            operations. Exemptions include                        natural gas, and compressing gaseous
                                                 maintained which demonstrates                            production of vessels that must meet                  fuel at a major NOX facility shall cause
                                                 compliance. The EPA proposes to find                     military specifications and production                it to emit no more than 3.0 grams NOX/
                                                 that New Jersey’s adopted MMPPC rules                    of parts of boats that do not involve the             brake horsepower-hour (bhp-hr). The
                                                 are as effective in regulating the source                manufacture of fiberglass. Compliance                 standard also provides, at 7:27–19.8 (h),
                                                 category as the EPA’s CTG document.7                     can be achieved by meeting a maximum                  that beginning November 6, 2019, the
                                                                                                          monomer VOC content standard,                         owner or operator of a four-stroke lean
                                                 Fiberglass Boat Manufacturing Materials                  meeting a maximum monomer VOC                         burn engine or four-stroke rich burn
                                                 (FBMM)                                                   mass emission rate, or installation of a              engine capable of producing an output
                                                    The EPA issued a CTG in 2008 that                     VOC control apparatus. Recordkeeping                  of 200 bhp or more but less than 500
                                                 provides control recommendations for                     must be maintained which demonstrates                 bhp, combusting natural gas, and
                                                 reducing VOC emissions from the use of                   compliance. The EPA proposes to find                  compressing gaseous fuel at a major
                                                 gel coats, resins, and materials used to                 that New Jersey’s adopted FBMM rules                  NOX facility shall cause it to emit no
                                                 clean application equipment in                           are as effective in regulating the source             more than 2.0 grams NOX/bhp-hr.
                                                 fiberglass boat manufacturing                            category as the EPA’s CTG document.                      The EPA proposes to find that the
                                                 operations. The CTG recommends the                                                                             adopted rules are consistent with EPA
                                                 use of low-VOC content (monomer and                      New Jersey’s Control and Prohibition of
                                                                                                                                                                guidance and address NOX RACT
                                                 non-monomer VOC) resin and gel coats                     Air Pollution by Oxides of Nitrogen
                                                                                                                                                                requirements by establishing new limits
                                                 with specified application methods. The                  (Subchapter 19)
                                                                                                                                                                on NOX emissions from existing simple
                                                 CTG recommends the use of covers on                        New Jersey’s December 14, 2017                      cycle combustion turbines combusting
                                                 mixing containers to further reduce                      submittal, which included amendments                  natural gas and compressing gaseous
                                                 VOC emissions from gel coats and                         to N.J.C.A. 7:27, Subchapter 19,                      fuel at major NOX facilities and
                                                 resins. The CTG also recommends the                      establishes more stringent limits on                  stationary reciprocating engines
                                                 use of low-VOC and low vapor pressure                    NOX emissions from existing simple                    combusting natural gas and compressing
                                                 cleaning materials. Because the CTG                      cycle combustion turbines combusting                  gaseous fuel at major NOX facilities.
                                                 recommendations are based on the 2001                    natural gas and compressing gaseous
                                                 National Emission Standards for                          fuel at major NOX facilities and                      Nitrogen Oxide (NOX) Reasonably
                                                 Hazardous Air Pollutants (NESHAP) for                    stationary reciprocating engines                      Available Control Technology (RACT)
                                                 boat manufacturing, those facilities that                combusting natural gas and compressing                and Volatile Organic Compounds (VOC)
                                                 are major sources of HAP are already                     gaseous fuel at major NOX facilities. The             RACT Certification
                                                 complying with the 2001 NESHAP and                       EPA proposes to find that the NOx                        In New Jersey’s January 2, 2018
                                                 have already adopted these control                       emission limits adopted by New Jersey                 submittal, the State certified that they
                                                 measures. Because the 2001 NESHAP                        and set forth in their December 14, 2017              have addressed RACT requirements for
                                                 does not apply to area sources, area                     submittal are as effective in regulating              the 2008 75 ppb 8-hour ozone NAAQS
                                                 source fiberglass boat manufacturing                     the source categories as the EPA’s                    supported by their June 11, 2015 and
                                                 facilities are not currently required to                 recommendations and guidance.                         December 14, 2017 submittals. EPA
                                                 implement the measures provided in the                                                                         proposes to find that New Jersey has
                                                                                                          Stationary Natural Gas Compressor                     demonstrated that it has met the NOX
                                                 NESHAP and recommended in the CTG.
                                                                                                          Turbines and Reciprocating Engines                    RACT and VOC RACT requirements. In
                                                 There are boat manufacturing facilities
                                                 in ozone nonattainment areas that meet                     In New Jersey’s December 14, 2017                   some instances, New Jersey has gone
                                                 the applicability threshold in the CTG                   submittal, New Jersey adopted                         beyond RACT by adopting control
                                                 and would provide VOC emission                           amendments to its rules for stationary                measures more stringent than the
                                                 reductions when the CTG recommended                      gas turbines and engines. New Jersey                  Federal rules and CTGs.
                                                 controls are applied. These control                      amended N.J.A.C. 7:27–19.5 by adopting                   New Jersey’s VOC RACT rules cover
                                                 approaches are recommended for all                       new standards for NOX emissions from                  source categories such as VOC
                                                 fiberglass boat manufacturing facilities                 existing simple cycle combustion                      stationary storage tanks, gasoline
                                                 where total actual VOC emissions from                    turbines combusting natural gas and                   transfer operations, VOC transfer
                                                                                                          compressing gaseous fuel at major NOX                 operations other than gasoline, marine
                                                    7 New Jersey’s rule includes a partial exemption      facilities (compressor turbines). The                 tank vessel loading and ballasting
                                                 for military specification coatings from the new         standard provides, at 7:27–19.5(l) that,              operations, open tanks and solvent
                                                 VOC limits for metal parts and products, at N.J.A.C.
                                                 7:27–16.15(c)(1). N.J.A.C. 7:27–16.15(c)(3)(vii)
                                                                                                          beginning November 6, 2019, any                       cleaning operations, surface coating and
                                                 exempts any military specification coating that has      simple cycle combustion turbine                       graphic arts operations, boilers,
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                                                 been formulated to meet a higher, less stringent         combustion natural gas and                            stationary combustion turbines,
                                                 VOC content limit. Additional exceptions include         compressing gaseous fuel at a major                   stationary reciprocating engines, asphalt
                                                 less stringent VOC content limits for extreme high
                                                 gloss topcoat (craft) and other substrate antifoulant    NOX facility shall not emit more than 42              pavement production plants, surface
                                                 coating than those recommended in the MMPPC              ppm by volume, dry basis (ppmvd), of                  coating operations at mobile equipment
                                                 CTG. This departure from the MMPPC CTG                   NOX corrected to 15 percent oxygen.                   repair and finishing facilities, flares,
                                                 recommendation is based on EPA guidance memo
                                                 ‘‘Control Technique Guidelines for Miscellaneous
                                                                                                          NJDEP amended N.J.A.C. 7:27–19.8 by                   other source operations, leak detection
                                                 Metal and Plastic Part Coatings—Industry Request         adopting new standards for NOX                        and repair, application of cutback and
                                                 for Reconsideration’’.                                   emissions from stationary reciprocating               emulsified asphalts, petroleum solvent


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                                                 36822                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 dry cleaning operations, natural gas                     nonattainment area for the 2008 ozone                    Jersey requirements, and to consider
                                                 pipelines, and their NOX RACT cover                      NAAQS, such rule should be sufficient                    further limiting NOX emissions from
                                                 source categories such as boilers serving                for purposes of the emissions statement                  natural gas compressor engines and
                                                 electric generating units, stationary                    requirement for the 2008 ozone NAAQS.                    turbines. New Jersey’s December 14,
                                                 combustion turbines, industrial/                           N.J.A.C. 7:27–21 requires the                          2017 submittal addresses the
                                                 commercial/institutional boilers and                     submission of annual emission                            commitment for the four CTGs and two
                                                 other indirect heat exchangers,                          statements from major facilities. From                   ACTs. New Jersey’s January 8, 2018 SIP
                                                 stationary reciprocating engines, asphalt                these statements, the Department                         revision submittal certified, among
                                                 pavement production plants, glass                        develops reports of emissions of all                     other things, that the State’s NOX RACT,
                                                 manufacturing furnaces, emergency                        criteria pollutants and submits them to                  VOC RACT, enhanced I/M program,
                                                 generators, municipal solid waste                        the EPA pursuant to the Federal Air
                                                                                                                                                                   emission statement program and ozone
                                                 (MSW) incinerators and sewage sludge                     Emission Reporting Requirements
                                                                                                                                                                   specific provisions NNSR program
                                                 incinerators. These RACT controls that                   (AERR) Rule for uploading to the EPA’s
                                                                                                          National Emission Inventory (NEI).                       satisfy Federal regulations and are at
                                                 have been promulgated in N.J.A.C. 7:27,                                                                           least as stringent as the Federal
                                                 have been approved by the EPA as part                    Federal Nonattainment New Source                         requirements.
                                                 of New Jersey’s SIP most recently on                     Review (NNSR) Program Certification
                                                 August 3, 2010 8 and December 22,                                                                                   The EPA has reviewed New Jersey’s
                                                 2010.9                                                      In New Jersey’s January 2018                          RACT analysis including the state-wide
                                                                                                          submission, the State certifies that its                 RACT analysis submitted on June 11,
                                                 Enhanced Motor Vehicle Inspection and                    existing state-wide NNSR rules codified                  2015, the December 14, 2017 revisions
                                                 Maintenance (I/M) Program                                at N.J.A.C. 7:27–18, which regulate the                  and the January 2, 2018 certification
                                                 Certification                                            New Jersey portions of the Northern NJ–                  that the State has adopted all applicable
                                                    In New Jersey’s January 2, 2018                       NY–CT and Southern NJ–PA–DE–MD                           NOX RACT and VOC RACT. EPA
                                                 submission, the State certifies that its                 Nonattainment Areas for the 2008 75                      proposes to find that these submissions
                                                 state-wide rules at N.J.A.C. 7:27–14 and                 ppb 8-hour ozone NAAQS are at least as                   fully address the OTR RACT
                                                 15, N.J.A.C. 7:27B–4 and B–5 and the                     stringent as the Federal requirements at                 requirements, the moderate RACT
                                                 Motor Vehicle Commission (MVC) rules                     40 CFR 51.165 for ozone and its
                                                                                                                                                                   requirements for the NYMA and address
                                                 at N.J.A.C. 13:20–43, satisfy Federal                    precursors. See 80 FR 12264 (March 6,
                                                                                                                                                                   the RACT requirements consistent with
                                                 requirements for an enhanced motor                       2015). The EPA most recently approved
                                                                                                                                                                   sections 172(c)(1), 182(b)(2) and 182(f)
                                                 vehicle I/M Program for the 2008 75 ppb                  a revision to Subchapter 18 into the SIP
                                                                                                          on July 25, 1996.11 New Jersey’s                         of the CAA, as interpreted by the EPA’s
                                                 8-hour ozone NAAQS.                                                                                               regulations, guidance and policies. Also,
                                                    Four categories of vehicles are subject               demonstration that its NNSR rules
                                                                                                          comply with the ozone specific Federal                   the EPA has reviewed portions of New
                                                 to the enhanced I/M program: light-duty                                                                           Jersey’s January 2, 2018 SIP submittal
                                                 gasoline-fueled vehicles, heavy-duty                     provisions is provided in Table 8–2 of
                                                                                                          its submission.                                          that certify the State has satisfied the
                                                 gasoline-fueled vehicles, light-duty                                                                              requirements for an enhanced motor
                                                 diesel-powered vehicles and heavy-duty                   IV. What is the EPA’s evaluation of                      vehicle I/M program, an emission
                                                 diesel-powered vehicles. Within each                     New Jersey’s SIP submittals?                             statement program and an ozone
                                                 category are commercial and non-                                                                                  specific provisions NNSR program, and
                                                                                                            New Jersey submitted a state-wide
                                                 commercial vehicles.                                                                                              the EPA is proposing to approve the
                                                    EPA approved New Jersey’s enhanced                    RACT assessment on June 11, 2015. The
                                                                                                          RACT submission from New Jersey                          State’s certifications.
                                                 I/M program as meeting applicable
                                                 requirements of the CAA. 67 FR 2811.                     consists of: (1) A certification that
                                                                                                                                                                   V. What action is the EPA proposing?
                                                 On April 3, 2009 and September 9,                        previously adopted RACT controls in
                                                 2016, New Jersey adopted amendments                      New Jersey’s SIP for various source                         The EPA has evaluated the
                                                 to its enhanced I/M Program. The EPA                     categories that were approved by the                     information provided by New Jersey and
                                                 approved these amendments into the                       EPA under the 1-hour and the 1997 8-                     is proposing to approve New Jersey’s
                                                 SIP. 83 FR 21174 (May 9, 2018).                          hour ozone standards are based on the                    state-wide RACT submittal dated June
                                                                                                          currently available technically and                      11, 2015 and the State’s December 14,
                                                 Emission Statement Program                               economically feasible controls and that                  2017 SIP revision rule, which include a
                                                 Certification                                            they continue to represent RACT for the                  declaration that the following source-
                                                    In New Jersey’s January 2018                          2008 8-hour ozone standard for                           specific categories either do not exist in
                                                 submittal, the State certifies that its                  implementation purposes; (2) New                         this State, or fall below significant
                                                 state-wide rules at N.J.A.C. 7:27–21                     Jersey’s 14 existing case-by-case source                 emission unit applicability thresholds
                                                 satisfy Federal requirements for an                      specific limits, approved by the EPA for
                                                                                                                                                                   in the CTGs: (1) Manufacture of
                                                 emission statement program for the                       the 1997 8-hour ozone standard, which
                                                                                                                                                                   Vegetable Oils; (2) Manufacture of
                                                 2008 75 ppb 8-hour ozone NAAQS. The                      New Jersey indicates continue to meet
                                                                                                                                                                   Pneumatic Rubber Tires; (3) Aerospace
                                                 EPA most recently approved a revision                    RACT for the 2008 8-hour ozone
                                                                                                                                                                   Coatings; (4) Shipbuilding and Ship
                                                 to Subchapter 21 into the SIP on August                  standard; (3) a negative declaration that
                                                                                                                                                                   Repair Operations; (5) Metal Furniture
                                                 3, 2010.10                                               for certain CTGs and/or ACTs there are
                                                                                                          no sources within New Jersey or that                     Coatings; (6) Large Appliance Coatings;
                                                    The EPA stated in the 2008 ozone                                                                               and (7) Auto and Light Duty Truck
                                                 implementation rule that if an area has                  there are no sources within New Jersey
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                                                                                                          above the applicability threshold; and                   Original Equipment Manufacturer
                                                 a previously approved emission                                                                                    (OEM) Assembly Coatings. The
                                                 statement rule in force for the 1997                     (4) a commitment to revise and adopt,
                                                                                                          and submit as a SIP revision, a new or                   submittals also include amendments to
                                                 ozone NAAQS or the 1-hour ozone
                                                                                                          more stringent regulation(s),                            N.J.A.C. 7:27, Subchapter 16, ‘‘Control
                                                 NAAQS that covers all portions of the
                                                                                                          incorporating four CTGs, if determined                   and Prohibition of Air Pollution by
                                                   8 75 FR 45483.                                         to be more effective than current New                    Volatile Organic Compounds,’’
                                                   9 75 FR 80340.                                                                                                  Subchapter 19, ‘‘Control and Prohibition
                                                   10 75 FR 45483.                                             11 61   FR 38591.                                   of Air Pollution by Oxides of


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                                                                           Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                                36823

                                                 Nitrogen,’’ 12 for purposes of satisfying                of Management and Budget under                          Authority: 42 U.S.C. 7401 et seq.
                                                 the 2008 8-hour ozone standard RACT                      Executive Order 12866 (58 FR 51735,                     Dated: July 23, 2018.
                                                 requirements, NOX RACT for major                         October 4, 1993) and 13563 (76 FR 382,                Peter D. Lopez,
                                                 sources, Non-CTG VOC RACT for major                      January 21, 2011);                                    Regional Administrator, Region 2.
                                                 sources, all VOC CTG RACT sources                           • is not an Executive Order 13771 (82
                                                                                                                                                                [FR Doc. 2018–16378 Filed 7–30–18; 8:45 am]
                                                 and relevant OTR RACT requirements.                      FR 9339, February 2, 2017) regulatory
                                                                                                                                                                BILLING CODE 6560–50–P
                                                 The EPA is also proposing to approve                     action because SIP approvals are exempt
                                                 portions of New Jersey’s January 2, 2018                 under Executive Order 12866;
                                                 SIP revision that certifies the State has                   • does not impose an information
                                                                                                          collection burden under the provisions                ENVIRONMENTAL PROTECTION
                                                 satisfied the requirements for an                                                                              AGENCY
                                                 enhanced motor vehicle I/M program,                      of the Paperwork Reduction Act (44
                                                 an emission statement program, an                        U.S.C. 3501 et seq.);                                 40 CFR Part 52
                                                 ozone specific provisions NNSR                              • is certified as not having a
                                                 program. As indicated in footnote 5,                     significant economic impact on a                      [EPA–R03–OAR–2018–0550; FRL–9981–
                                                                                                          substantial number of small entities                  60—Region 3]
                                                 above, the EPA will address the
                                                 remainder of the January 2, 2018 SIP                     under the Regulatory Flexibility Act (5
                                                                                                          U.S.C. 601 et seq.);                                  Approval and Promulgation of Air
                                                 submittal in a separate rulemaking.                                                                            Quality Implementation Plans; West
                                                   The EPA is soliciting public                              • does not contain any unfunded
                                                                                                          mandate or significantly or uniquely                  Virginia; 2018 Amendments to West
                                                 comments on the issues discussed in                                                                            Virginia’s Ambient Air Quality
                                                 this proposal. These comments will be                    affect small governments, as described
                                                                                                          in the Unfunded Mandates Reform Act                   Standards
                                                 considered before the EPA takes final
                                                 action. Interested parties may                           of 1995 (Pub. L. 104–4);                              AGENCY:  Environmental Protection
                                                 participate in the Federal rulemaking                       • does not have Federalism                         Agency (EPA).
                                                 procedure by submitting written                          implications as specified in Executive
                                                                                                                                                                ACTION: Proposed rule.
                                                 comments as discussed in the                             Order 13132 (64 FR 43255, August 10,
                                                 ADDRESSES section of this rulemaking.                    1999);                                                SUMMARY:   The Environmental Protection
                                                                                                             • is not an economically significant               Agency (EPA) is proposing to approve a
                                                 VI. Incorporation by Reference                           regulatory action based on health or                  state implementation plan (SIP) revision
                                                   In this rule, the EPA is proposing to                  safety risks subject to Executive Order               submitted by the State of West Virginia.
                                                 include in a final EPA rule regulatory                   13045 (62 FR 19885, April 23, 1997);                  This revision updates the effective date
                                                 text that includes incorporation by                         • is not a significant regulatory action           by which the state incorporates by
                                                 reference. In accordance with                            subject to Executive Order 13211 (66 FR               reference the national ambient air
                                                 requirements of 1 CFR 51.5, the EPA is                   28355, May 22, 2001);                                 quality standards (NAAQS) as well as
                                                 proposing to incorporate by reference of                    • is not subject to requirements of                their monitoring reference and
                                                 revisions to Title 7, Chapter 27:                        Section 12(d) of the National                         equivalent methods. This action is being
                                                 Subchapters 16 and 19 of the New                         Technology Transfer and Advancement                   taken under the Clean Air Act (CAA).
                                                 Jersey Administrative Code that                          Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                                DATES: Written comments must be
                                                 implements New Jersey’s RACT                             application of those requirements would
                                                                                                                                                                received on or before August 30, 2018.
                                                 regulations for VOCs and NOX, as                         be inconsistent with the CAA; and
                                                 described in section III of this preamble.                  • does not provide EPA with the                    ADDRESSES: Submit your comments,
                                                                                                          discretionary authority to address, as                identified by Docket ID No. EPA–R03–
                                                   The EPA has made, and will continue
                                                                                                          appropriate, disproportionate human                   OAR–2018–0550 at http://
                                                 to make, these materials generally
                                                                                                          health or environmental effects, using                www.regulations.gov, or via email to
                                                 available through www.regulations.gov
                                                                                                          practicable and legally permissible                   spielberger.susan@epa.gov. For
                                                 and at the EPA Region 2 Office (please
                                                                                                          methods, under Executive Order 12898                  comments submitted at Regulations.gov,
                                                 contact the person identified in the FOR
                                                                                                          (59 FR 7629, February 16, 1994).                      follow the online instructions for
                                                 FURTHER INFORMATION CONTACT section of
                                                                                                             In addition, this proposed rulemaking              submitting comments. Once submitted,
                                                 this preamble for more information).
                                                                                                          action, pertaining to New Jersey’s 2008               comments cannot be edited or removed
                                                 VII. Statutory and Executive Order                       8-hour ozone RACT submission the is                   from Regulations.gov. For either manner
                                                 Reviews                                                  not approved to apply on any Indian                   of submission, EPA may publish any
                                                   Under the CAA, the Administrator is                    reservation land or in any other area                 comment received to its public docket.
                                                 required to approve a SIP submission                     where EPA or an Indian tribe has                      Do not submit electronically any
                                                 that complies with the provisions of the                 demonstrated that a tribe has                         information you consider to be
                                                 CAA and applicable Federal regulations.                  jurisdiction. In those areas of Indian                confidential business information (CBI)
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                      country, the rule does not have tribal                or other information whose disclosure is
                                                 Thus, in reviewing SIP submissions,                      implications and will not impose                      restricted by statute. Multimedia
                                                 EPA’s role is to approve state choices,                  substantial direct costs on tribal                    submissions (audio, video, etc.) must be
                                                 provided that they meet the criteria of                  governments or preempt tribal law as                  accompanied by a written comment.
                                                 the CAA. Accordingly, this action                        specified by Executive Order 13175 (65                The written comment is considered the
                                                 merely proposes to approve state law as                  FR 67249, November 9, 2000).                          official comment and should include
                                                 meeting Federal requirements and does                                                                          discussion of all points you wish to
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                                                                                                          List of Subjects in 40 CFR Part 52                    make. EPA will generally not consider
                                                 not impose additional requirements
                                                 beyond those imposed by state law. For                     Environmental protection, Air                       comments or comment contents located
                                                 that reason, this proposed action:                       pollution control, Incorporation by                   outside of the primary submission (i.e.,
                                                   • Is not a ‘‘significant regulatory                    reference, Nitrogen Dioxide,                          on the web, cloud, or other file sharing
                                                 action’’ subject to review by the Office                 Intergovernmental Relations, Ozone,                   system). For additional submission
                                                                                                          Reporting and recordkeeping                           methods, please contact the person
                                                    12 State Effective dates for both rules is November   requirements, Volatile Organic                        identified in the FOR FURTHER
                                                 6, 2017 (49 N.J.R. 3518).                                Compounds.                                            INFORMATION CONTACT section. For the



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Document Created: 2018-11-06 10:30:17
Document Modified: 2018-11-06 10:30:17
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.
DatesWritten comments must be received on or before August 30, 2018.
ContactOmar Hammad, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, or by email at [email protected]
FR Citation83 FR 36816 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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