83 FR 54300 - Approval of Source-Specific Air Quality Implementation Plans; New Jersey
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 209 (October 29, 2018)
Federal Register Volume 83, Issue 209 (October 29, 2018)
| Page Range | 54300-54303 | |
| FR Document | 2018-23575 |
[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)] [Proposed Rules] [Pages 54300-54303] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23575] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2018-0621, FRL-9985-87-Region 2] Approval of Source-Specific Air Quality Implementation Plans; New Jersey AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve source-specific revisions to the New Jersey State Implementation Plan (SIP) for 8-hour ozone for Paulsboro Refining, Buckeye Port Reading Terminal, Buckeye Pennsauken Terminal, and Phillips 66 Company's Linden facility. The source-specific SIPs address the Reasonably Available Control Technology for volatile organic compounds (VOCs) for external floating roof tanks. The intended effect of these revisions is to address how facilities should meet state regulatory obligations for external floating roof tanks that store VOCs with vapor pressure three (3) or more pounds per square inch absolute to be equipped with a domed roof. DATES: Comments must be received on or before November 28, 2018. ADDRESSES: Submit your comments, identified by Docket ID number EPA- R02-OAR-2018-0621, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, such as 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: Linda Longo, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3565, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. The EPA's Evaluation of New Jersey's Submittals a. Paulsboro Refining b. Buckeye Port Reading Terminal and Buckeye Pennsauken Terminal c. Phillips 66 Company III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background The Environmental Protection Agency (EPA) proposes to approve revisions to the New Jersey State Implementation Plan (SIP) for attainment and maintenance of the 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the following major volatile organic compound (VOC) facilities: Paulsboro Refining, Buckeye Port Reading Terminal, Buckeye Pennsauken Terminal, and Phillips 66 Company's Linden facility. Specifically, under New Jersey Administrative Code (NJAC), Title 7, Chapter 27, Subchapter 16 (``Control and Prohibition of Air Pollution by Volatile Organic Compound''), Section 2 (``VOC Stationary Storage Tanks''), all external floating roof tanks (EFRTs) in Range III with vapor pressure three (3) or more pounds per square inch absolute (psia) and that were in existence on May 18, 2009 must be equipped with a domed roof the first time the tank is degassed after May 19, 2009, and by no later than May 1, 2020. See NJAC 7:27-16.2(l)(4). In addition, NJAC 7:27-16.17(a-q) establishes procedures and standards for alternative and facility-specific VOC control requirements. The four relevant facilities were in existence on May 18, 2009, and so absent the currently proposed SIP revisions would be required to dome all EFRTs in accordance with NJAC 7:27-16.2(l)(4), which has already been approved by the EPA into the New Jersey SIP. See 75 FR 45483 (August 3, 2010). However, the New Jersey Department of Environmental Protection (NJDEP) reviewed and approved for these facilities alternative VOC control plans and respective Reasonably Available Control Technology (RACT), i.e., analysis of the lowest economically feasible emission limitation, for their EFRTs. Following NJDEP's review and approval, the EPA reviewed the four facilities' alternative VOC control plans and RACT analyses that include (1) [[Page 54301]] installing domes on 25 out of the 51 EFRTs, and leaving the remaining 26 EFRTs without domes based on the facilities' RACT cost analysis despite the NJAC 7:27-16.2(l)(4) requirements, and (2) installing eight domes after the regulatory due date. In its SIP revision submittals from all four facilities, NJDEP also identified alternative, non-doming emission reduction strategies for VOC and nitrogen oxides (NOX ) beyond what would be achieved by doming the 26 EFRTs that would not receive domes under this SIP revision. However, NJDEP did not request that the EPA approve these additional non-doming measures into the New Jersey SIP revision, and therefore the EPA did not evaluate them for approvability. A full summary of doming and non-doming measures is included in the technical support document (TSD) that is contained in the EPA's docket assigned to this Federal Register notice. Ozone Requirements In 1997, the EPA revised the health-based NAAQS for 8-hour ozone, setting it at 0.084 parts per million (ppm) averaged over an 8-hour time frame. See 62 FR 38856 (July 18, 1997). The EPA revised the 8-hour ozone standard twice since 1997; in March 2008, the EPA revised the standard to 0.075 ppm, and in October 2015 the EPA revised it to 0.070 ppm while retaining the 2008 ozone indicators. See 73 FR 16436 (March 27, 2008); 80 FR 65292 (October 26, 2015). After the EPA establishes a new or revised NAAQS, the Clean Air Act directs the EPA and the states to take steps to ensure that the new or revised NAAQS are met. One of the first steps, known as the initial area designations, involves identifying areas of the country that are not meeting the new or revised NAAQS, as well as the nearby areas that contain emissions sources that contribute emissions to the areas not meeting the NAAQS. The entire State of New Jersey has been designated as nonattainment since the adoption of the 1997 8-hour ozone NAAQS and is divided into two nonattainment areas. The two nonattainment areas in New Jersey are Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) and New York- Northern New Jersey-Long Island (NY-NJ-CT). These areas are designated as marginal nonattainment and as moderate nonattainment, respectively, for the newest 0.070 ppm 8-hour ozone NAAQS.\1\ As such, New Jersey has developed ozone SIPs to attain the standards and will consider source- specific SIPs as necessary. A source-specific SIP is submitted by a facility to request approval for source-specific emission limitations, and if approved by the state and the EPA, is incorporated into the state's ozone SIP. --------------------------------------------------------------------------- \1\ Classifications of these areas for the current and previous ozone NAAQS can be found at 40 CFR 81.331. --------------------------------------------------------------------------- RACT Requirements RACT is defined as the lowest emission limit that a source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. Clean Air Act (CAA) sections 172(c)(1), 182(b)(2) and 182(f) require nonattainment areas that are designated as moderate or above to adopt RACT. The entire State of New Jersey is subject to this requirement (1) due to nonattainment area designations for the 8-hour ozone standards (40 CFR 81.331), and (2) because the State of New Jersey is located within the Ozone Transport Region (OTR), a region in which the Clean Air Act requires that state SIPs implement RACT requirements. See CAA Sec. 184(b)(1)(B). In November 2005, the EPA published the final rule that discusses the RACT requirements for the 1997 8-hour ozone standard, and outlined the SIP requirements and deadlines for various areas designated as moderate nonattainment. See 70 FR 71612 (November 29, 2005) (the ``Phase 2 Rule''). On August 1, 2007, the NJDEP finalized RACT revisions to its SIP to address the 8-hour ozone NAAQS, and the EPA approved those revisions on May 15, 2009. See ``RACT for the Eight-Hour Ozone NAAQS and other Associated SIP Revisions for the Fine Particulate Matter, Regional Haze, and Transport of Air Pollution,'' available at http://www.nj.gov/dep/baqp/sip/8-hrRACT-Final.pdf; ``Approval and Promulgation of Implementation Plans; New Jersey Reasonable Further Progress Plans, Reasonably Available Control Technology, Reasonably Available Control Measures and Conformity Budgets; Final Rule'', 74 FR 22837. The NJDEP believes that significantly higher costs are warranted and should be considered reasonable with respect to available technology than were discussed in the Phase 2 Rule. Although no dollar amount is suggested, the NJDEP identifies five considerations it plans to apply to sources when determining RACT: (1) Past New Jersey costs for retrofitting a given control; (2) Average RACT cost (dollars per tons reduced) for a control technology and maximum RACT cost. Once a reasonable number of sources in a source category achieve a lower emission level, other sources should do the same; (3) The seriousness of the Region's ozone air quality exceedance. For nonattainment areas with higher ozone levels, higher costs for controls are reasonable; (4) The seriousness of the need to reduce transported air pollution. As an OTR state, higher costs for RACT are justified; and (5) The NJDEP plan for addressing economic feasibility in RACT rules. The NJDEP's intent is to specify RACT at the lowest emission limit that a reasonable number of similar facilities have already successfully implemented for each source category. II. The EPA's Evaluation of New Jersey's Submittals New Jersey regulations at NJAC 7:27-16.2(l)(4), already approved into the ozone SIP, set forth requirements to dome existing EFRTs in Range III on or before May 1, 2020. See 75 FR 45483 (August 3, 2010). The four facilities' source-specific SIP revisions are before the EPA for approval because they would allow 26 EFRTs to avoid doming and would extend the deadline for installing eight domes. The NJDEP submittal relies on documents submitted by the four facilities to New Jersey reviewing the cost, feasibility, and projected emissions reductions of doming tanks similar in diameter when deciding which tanks are optimal for doming. Some of the facilities' tanks are smaller in dimension and contain organic liquids of lower VOC concentrations, and thus doming these tanks would result in spending comparatively much more for a substantially smaller reduction in VOC emissions. The EPA has determined that the doming analyses identified in the source-specific SIP revisions are consistent with the NJDEP's VOC RACT regulation, which is incorporated into the NJ SIP. The reader is referred to the TSD for a detailed discussion of the EPA's evaluation of the source-specific SIP submittal. Below is a summary: a. Paulsboro Refining On December 10, 2015, the NJDEP submitted to the EPA proposed revisions to the New Jersey SIP for ozone specifically providing an alternative VOC control plan for the Paulsboro Refining facility located at 800 Billingsport Road, Paulsboro, New Jersey. Paulsboro Refining owns and operates 21 EFRTs in Range III with vapor pressure three (3) or more psia. [[Page 54302]] According to the facility's RACT analysis, doming the total inventory of 21 EFRT is estimated to cost between $19,000 and $149,000 per ton of VOC emissions reduced. The cost per ton to dome all 21 EFRTs exceeds what the state defines as economically feasible for RACT. Proposed Paulsboro Refining Source-Specific Doming Requirements The EPA is proposing to approve a source-specific SIP revision allowing the facility not to dome eleven of its 21 EFRTs that are in Range III, and to allow the facility to complete doming of five EFRTs beyond the regulatory deadline of May 1, 2020. Paulsboro Refining has already installed three domes (Tanks 724, 1319, and 1115), and will install two additional domes (Tanks 2173 and 1064 \2\) by the regulatory deadline. The facility is scheduled to install five more domes by 2028 according to the following schedule: --------------------------------------------------------------------------- \2\ At the time NJDEP submitted its source-specific SIP revision for Paulsboro Refining, Tank 1064 was scheduled for doming by December 31, 2024. However, recent facility developments confirmed by NJDEP indicate that Tank 1064 was taken out of service, rebuilt, and is scheduled for doming by the end of 2018. ---------------------------------------------------------------------------Tank 1063 by Dec. 31, 2021 Tank 1116 by Dec. 31, 2023 Tank 1320 by Dec. 31, 2025 Tank 1065 by Dec. 31, 2026 Tank 1066 by Dec. 31, 2028 In total, under the proposed source-specific SIP revision, the facility will dome ten out of 21 EFRTs in Range III, including Tanks 724, 1319, 1115, 2173, 1064, 1063, 1116, 1320, 1065 and 1066. The eleven EFRTs not to be domed are Tanks 725, S02, 1023, 1027, 2869, 2940, 2941, 3174, SSO, SSI, and SS2. b. Buckeye Port Reading Terminal and Buckeye Pennsauken Terminal On August 15, 2014, the NJDEP submitted to the EPA proposed revisions to the New Jersey SIP for ozone specifically providing an alternative VOC control plan for both the Buckeye Port Reading Terminal and Pennsauken Terminal, located at 750 Cliff Road, Woodbridge, New Jersey and 123 Derousse Avenue, Pennsauken, New Jersey respectively. Buckeye owns and operates eight EFRTs in Range III with vapor pressure three (3) or more psia at its Port Reading Terminal that are part of this proposed SIP revision,\3\ and one such EFRT at its Pennsauken Terminal. According to company's Port Reading RACT analysis, doming the facility's total inventory of eight EFRTs is estimated at $60,000 per ton of VOC emissions reduced, which exceeds what the state defines as economically feasible for RACT. The company's Pennsauken RACT analysis likewise estimated the cost of doming its single EFRT at $60,000 per ton of VOC emissions reduced. --------------------------------------------------------------------------- \3\ The Port Reading terminal previously had one additional EFRT. However, under the proposed SIP revision Buckeye retrofitted that Port Reading EFRT to an internal floating roof tank (Tank 1177) due to changes in facility operational needs (and an internal floating roof tank does not require a dome). Eight EFRTs now remain at the facility that are covered by the proposed SIP revision. In addition, the Port Reading Terminal has at least two additional EFRTs (Tanks 7943 and 7944) that are not part of the proposed SIP revision. In approximately 2012, the company fitted these two Port Reading EFRTs with domes. --------------------------------------------------------------------------- Proposed Buckeye Source-Specific Doming Requirements The EPA is proposing to approve a source-specific SIP revision allowing the Port Reading facility not to dome four EFRTs that are in Range III and to complete doming of two EFRTs beyond the regulatory deadline of May 1, 2020.\4\ Of the eight relevant Port Reading EFRTs, Buckeye has already domed one EFRT (Tank 7935) and will install one additional dome (Tank 1222) by the regulatory deadline. Under this SIP revision, the Buckeye facilities are scheduled to install domes on the following EFRTs in Range III by 2028 according to the following schedule: --------------------------------------------------------------------------- \4\ As discussed in the prior footnote, the proposed SIP revision also includes conversion of Tank 1177 to an internal floating roof tank that is no longer subject to doming requirements. --------------------------------------------------------------------------- Tank 1219 by March 8, 2027 Tank 1178 by Sept. 25, 2028 In addition, the EPA is proposing to approve a source-specific SIP revision allowing the Pennsauken facility not to dome its single relevant EFRT (Tank 2018). In total, the two facilities will dome four out of nine EFRTs in Range III, including Tanks 7935, 1222, 1219, and 1178. The 5 EFRTs not to be domed are Tanks 7930, 7934, 7937, 7945, and 2018. c. Phillips 66 Company On June 15, 2016, the NJDEP submitted to the EPA proposed revisions to the New Jersey SIP for ozone specifically providing an alternative VOC control plan for the Phillips 66 Company facility located at 1400 Park Avenue, Linden, New Jersey (the Linden facility). At the Linden facility, Phillips 66 Company owns and operates 21 EFRTs in Range III with vapor pressure three (3) or more psia. According to the facility's RACT analysis, doming the total inventory of 21 EFRTs is estimated to cost between $29,000 and $440,000 per ton of VOC emissions reduced, which exceeds what the state defines as economically feasible for RACT. Proposed Phillips 66 Company's Linden Facility Source-Specific Doming Requirements The EPA is proposing to approve a source-specific SIP revision allowing the Linden facility not to dome ten EFRTs that are in Range III and to complete doming of one EFRT beyond the regulatory deadline of May 1, 2020. The Linden facility has already installed domes on two EFRTs (Tanks T233 and T239); three additional EFRTs are currently out of service and ready for doming (Tanks T243, T351, and T250) and the facility will install five additional domes (Tanks T241, T352, T235, T249, and T353) by the regulatory deadline. The Linden facility is scheduled to install a dome on one additional tank (Tank T234) by December 31, 2024, beyond the regulatory due date. In total, the facility will dome a total of eleven out of 21 EFRTs in Range III, including Tanks T233, T239, T243, T351, T250, T241, T352, T235, T249, T353 and T234. The 10 EFRTs not to be domed are Tanks T52, TI05, TI19, TI43, T224, T349, T350, T354, T355, and T356. III. Proposed Action The NJDEP determined that the four facilities discussed above could avoid doming 26 EFRTs because it was not economically feasible to dome the four facilities' total inventory of 51 EFRTs. Specifically, the EPA proposes to approve the NJDEP SIP revisions for 8-hour ozone to allow the Paulsboro facility not to dome eleven EFRTs; the Buckeye facilities not to dome five EFRTs; and the Phillips 66 Company facility not to dome ten EFRTs. The EPA is also proposing to approve a deadline extension for doming nine EFRTs, as previously discussed. This SIP revision would still require the facilities to dome 25 EFRTs (and convert one EFRT to an internal floating roof tank). Additional non-doming measures will be implemented to make up the foregone VOC emission reductions that would have occurred in doming the full inventory of EFRTs. However, the NJDEP did not request that the EPA approve the additional non-doming measures into the New Jersey SIP, therefore the EPA did not evaluate them for approvability and proposes no action on these measures today. IV. Incorporation by Reference In this rule, we are proposing to include in a final rule regulatory text that includes incorporation by [[Page 54303]] reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference the provisions described above in Section III (Proposed Action). The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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, the 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 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175, because the SIP is not approved to apply in Indian country located in the state, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. List of Subjects 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: October 18, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018-23575 Filed 10-26-18; 8:45 am] BILLING CODE 6560-50-P
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application to enjoin the Government ENVIRONMENTAL PROTECTION Environmental Protection Agency, 290
authority in an appropriate court, or the AGENCY Broadway, 25th Floor, New York, New
customer challenge provisions. York 10007–1866, (212) 637–3565, or by
40 CFR Part 52 email at longo.linda@epa.gov.
§ 275.4 Formal written request. SUPPLEMENTARY INFORMATION:
[EPA–R02–OAR–2018–0621, FRL–9985–87–
(a) The formal written request must be Region 2] Table of Contents
in the form of a letter or memorandum
Approval of Source-Specific Air I. Background
to an appropriate official of the financial
Quality Implementation Plans; New II. The EPA’s Evaluation of New Jersey’s
institution from which financial records Submittals
are requested. The request shall be Jersey
a. Paulsboro Refining
signed by the issuing official, and shall AGENCY: Environmental Protection b. Buckeye Port Reading Terminal and
set forth that official’s name, title, Agency (EPA). Buckeye Pennsauken Terminal
business address, and business phone c. Phillips 66 Company
ACTION: Proposed rule. III. Proposed Action
number. The request shall also contain IV. Incorporation by Reference
the following: SUMMARY: The Environmental Protection V. Statutory and Executive Order Reviews
(1) The identity of the customer or Agency (EPA) is proposing to approve
source-specific revisions to the New I. Background
customers to whom the records pertain;
Jersey State Implementation Plan (SIP) The Environmental Protection Agency
(2) A reasonable description of the for 8-hour ozone for Paulsboro Refining, (EPA) proposes to approve revisions to
records sought; and Buckeye Port Reading Terminal, the New Jersey State Implementation
(3) Such additional information Buckeye Pennsauken Terminal, and Plan (SIP) for attainment and
which may be appropriate—e.g., the Phillips 66 Company’s Linden facility. maintenance of the 8-hour ozone
date when the opportunity for the The source-specific SIPs address the National Ambient Air Quality Standards
customer to challenge the formal written Reasonably Available Control (NAAQS) for the following major
request expires, the date on which the Technology for volatile organic volatile organic compound (VOC)
DoD Component expects to present a compounds (VOCs) for external floating facilities: Paulsboro Refining, Buckeye
certificate of compliance with the roof tanks. The intended effect of these Port Reading Terminal, Buckeye
applicable provisions of the Act, the revisions is to address how facilities Pennsauken Terminal, and Phillips 66
name and title of the individual (if should meet state regulatory obligations Company’s Linden facility. Specifically,
for external floating roof tanks that store under New Jersey Administrative Code
known) to whom disclosure is to be
VOCs with vapor pressure three (3) or (NJAC), Title 7, Chapter 27, Subchapter
made. 16 (‘‘Control and Prohibition of Air
more pounds per square inch absolute
(b) In cases where customer notice is to be equipped with a domed roof. Pollution by Volatile Organic
delayed by court order, a copy of the DATES: Comments must be received on Compound’’), Section 2 (‘‘VOC
court order must be attached to the or before November 28, 2018. Stationary Storage Tanks’’), all external
formal written request. floating roof tanks (EFRTs) in Range III
ADDRESSES: Submit your comments,
with vapor pressure three (3) or more
§ 275.5 Certification. identified by Docket ID number EPA–
pounds per square inch absolute (psia)
R02–OAR–2018–0621, at http://
Before obtaining the requested records and that were in existence on May 18,
www.regulations.gov. Follow the online
pursuant to a formal written request 2009 must be equipped with a domed
instructions for submitting comments. roof the first time the tank is degassed
described in § 275.4 of this part, an Once submitted, comments cannot be
official of a rank designated by the head after May 19, 2009, and by no later than
edited or withdrawn. The EPA may May 1, 2020. See NJAC 7:27–16.2(l)(4).
of the requesting DoD Component shall publish any comment received to its In addition, NJAC 7:27–16.17(a–q)
certify in writing to the financial public docket. Do not submit establishes procedures and standards for
institution that the DoD Component has electronically any information you alternative and facility-specific VOC
complied with the applicable provisions consider to be Confidential Business control requirements. The four relevant
of the Act. Information (CBI) or other information facilities were in existence on May 18,
whose disclosure is restricted by statute. 2009, and so absent the currently
§ 275.6 Cost reimbursement. Multimedia submissions (audio, video, proposed SIP revisions would be
Cost reimbursement to financial etc.) must be accompanied by a written required to dome all EFRTs in
institutions for providing financial comment. The written comment is accordance with NJAC 7:27–16.2(l)(4),
records will be made consistent with considered the official comment and which has already been approved by the
title 12, Code of Federal Regulations, should include discussion of all points EPA into the New Jersey SIP. See 75 FR
part 219.3, subpart A. you wish to make. The EPA will 45483 (August 3, 2010). However, the
generally not consider comments or New Jersey Department of
Dated: October 22, 2018. comment contents located outside of the Environmental Protection (NJDEP)
Shelly E. Finke, primary submission (i.e., on the web, reviewed and approved for these
Alternate OSD Federal Register, Liaison cloud, or other file sharing system). For facilities alternative VOC control plans
Officer, Department of Defense. additional submission methods, such as and respective Reasonably Available
amozie on DSK3GDR082PROD with PROPOSALS1
[FR Doc. 2018–23396 Filed 10–26–18; 8:45 am] the full EPA public comment policy, Control Technology (RACT), i.e.,
BILLING CODE 5001–06–P
information about CBI or multimedia analysis of the lowest economically
submissions, and general guidance on feasible emission limitation, for their
making effective comments, please visit EFRTs.
http://www2.epa.gov/dockets/ Following NJDEP’s review and
commenting-epa-dockets. approval, the EPA reviewed the four
FOR FURTHER INFORMATION CONTACT: facilities’ alternative VOC control plans
Linda Longo, Air Programs Branch, and RACT analyses that include (1)
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reference. In accordance with the application of those requirements would DATES: The EPA will hold a public
requirements of 1 CFR 51.5, we are be inconsistent with the CAA; and hearing on November 14, 2018, in
proposing to incorporate by reference • Does not provide the EPA with the Denver, Colorado. Please refer to the
the provisions described above in discretionary authority to address, as SUPPLEMENTARY INFORMATION section for
Section III (Proposed Action). appropriate, disproportionate human additional information on the public
The EPA has made, and will continue health or environmental effects, using hearing.
to make, these documents generally practicable and legally permissible ADDRESSES: The hearing will be held at
available electronically through http:// methods, under Executive Order 12898 the EPA Region 8 offices, 1595
www.regulations.gov and in hard copy (59 FR 7629, February 16, 1994). Wynkoop Street, Denver, Colorado
at the appropriate EPA office (see the In addition, this rule does not have 80202. The hearing will convene at 8:00
ADDRESSES section of this preamble for tribal implications as specified by a.m. local time and will conclude at
more information). Executive Order 13175, because the SIP 8:00 p.m. local time. Lunch and dinner
is not approved to apply in Indian breaks will be scheduled as time will
V. Statutory and Executive Order
country located in the state, and the allow depending on the number of
Reviews
EPA notes that it will not impose registered speakers.
Under the CAA, the Administrator is substantial direct costs on tribal Because this hearing is being held at
required to approve a SIP submission governments or preempt tribal law. a U.S. government facility, individuals
that complies with the provisions of the Thus, Executive Order 13175 does not planning to attend the hearing should be
CAA and applicable Federal regulations. apply to this action. prepared to show valid picture
42 U.S.C. 7410(k); 40 CFR 52.02(a). identification to the security staff in
List of Subjects 40 CFR Part 52
Thus, in reviewing SIP submissions, the order to gain access to the meeting
EPA’s role is to approve state choices, Environmental protection, Air room. Please note that the REAL ID Act,
provided that they meet the criteria of pollution control, Incorporation by passed by Congress in 2005, established
the CAA. Accordingly, this action reference, Nitrogen Dioxide, new requirements for entering federal
merely proposes to approve state law as Intergovernmental Relations, Ozone, facilities. For purposes of the REAL ID
meeting Federal requirements and does Reporting and recordkeeping Act, the EPA will accept government-
not impose additional requirements requirements, Volatile Organic issued IDs, including driver’s licenses
beyond those imposed by state law. For Compounds. from the District of Columbia and all
that reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. states and territories except from
• Is not a ‘‘significant regulatory American Samoa. If your identification
Dated: October 18, 2018.
action’’ subject to review by the Office is issued by American Samoa, you must
of Management and Budget under Peter D. Lopez,
present an additional form of
Executive Order 12866 (58 FR 51735, Regional Administrator, Region 2. identification to enter the federal
October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–23575 Filed 10–26–18; 8:45 am] building where the public hearing will
January 21, 2011); BILLING CODE 6560–50–P be held. Acceptable alternative forms of
• Is not an Executive Order 13771 (82 identification include: federal employee
FR 9339, February 2, 2017) regulatory badges, passports, enhanced driver’s
action because SIP approvals are ENVIRONMENTAL PROTECTION licenses, and military identification
exempted under Executive Order 12866; AGENCY cards. For additional information for the
• Does not impose an information status of your state regarding REAL ID,
40 CFR Part 60
collection burden under the provisions go to: https://www.dhs.gov/real-id-
of the Paperwork Reduction Act (44 [EPA–HQ–OAR–2017–0483; FRL–9984–38– frequently-asked-questions. Any objects
U.S.C. 3501 et seq.); OAR] brought into the building need to fit
• Is certified as not having a through the security screening system,
significant economic impact on a RIN 2060–AT54 such as a purse, laptop bag, or small
substantial number of small entities backpack. Demonstrations will not be
under the Regulatory Flexibility Act (5 Oil and Natural Gas Sector: Emission allowed on federal property for security
U.S.C. 601 et seq.); Standards for New, Reconstructed, reasons.
• Does not contain any unfunded and Modified Sources Reconsideration
FOR FURTHER INFORMATION CONTACT: The
mandate or significantly or uniquely AGENCY: Environmental Protection EPA will begin pre-registering speakers
affect small governments, as described Agency (EPA). for the hearing upon publication of this
in the Unfunded Mandates Reform Act ACTION: Notice of public hearing. document in the Federal Register. To
of 1995 (Pub. L. 104–4); register to speak at the hearing, please
• Does not have Federalism SUMMARY: On October 15, 2018, the use the online registration form
implications as specified in Executive Environmental Protection Agency (EPA) available at https://www.epa.gov/
Order 13132 (64 FR 43255, August 10, published in the Federal Register a controlling-air-pollution-oil-and-
1999); proposed rule titled ‘‘Oil and Natural natural-gas-industry/forms/public-
• Is not an economically significant Gas Sector: Emission Standards for hearing-proposed-improvements or
regulatory action based on health or New, Reconstructed, and Modified contact Virginia Hunt at (919) 541–0832
safety risks subject to Executive Order Sources Reconsideration.’’ The to register to speak at the hearing. The
amozie on DSK3GDR082PROD with PROPOSALS1
13045 (62 FR 19885, April 23, 1997); comment period on the proposed action last day to pre-register to speak at the
• Is not a significant regulatory action will end on December 17, 2018. The hearing will be November 6, 2018. On
subject to Executive Order 13211 (66 FR EPA is announcing that it will hold a November 13, 2018, the EPA will post
28355, May 22, 2001); public hearing on the proposed action. at https://www.epa.gov/controlling-air-
• Is not subject to requirements of The hearing will provide interested pollution-oil-and-natural-gas-industry/
Section 12(d) of the National parties the opportunity to present data, forms/public-hearing-proposed-
Technology Transfer and Advancement views, or arguments concerning the improvements a general agenda for the
Act of 1995 (15 U.S.C. 272 note) because proposed action. hearing that will list pre-registered
VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1](https://thefederalregister.org/doc/83_FR_54509/page/4.svg)
Document Created: 2018-10-27 01:08:51
Document Modified: 2018-10-27 01:08:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before November 28, 2018. | |
| Contact | Linda Longo, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3565, or by email at [email protected] | |
| FR Citation | 83 FR 54300 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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