[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68851-68853]
[DOCID:fr29de09-94]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Proposed Collection;
Comment Request, 1660-0002; Disaster Assistance Registration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; Extension,
without change, of a currently approved information collection; OMB No.
1660-0002; FEMA Form 009-0-1 (Replaces 90-69), Application/Registration
for Disaster Assistance; FEMA Form 009-0-2 (Replaces 90-69A),
Solicitud/Registro Para Asistencia De Resastre; FEMA Form 009-0-3
(Replaces 90-69B), Declaration and Release; FEMA Form 009-0-4 (Replaces
90-69C), Declaraci[oacute]n Y Autorizaci[oacute]n; FEMA Form 009-0-5
(Replaces 90-69D), Receipt for Government Property; FEMA Form 009-0-6
(Replaces 90-69E), Recibo de Propiedad del Gobierno.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this Notice seeks comments concerning the Disaster Assistance
Registration process.

DATES: Comments must be submitted on or before March 1, 2010.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at http: //www.regulations.gov under
docket ID FEMA-2009-0001. Follow the instructions for submitting
comments.
    (2) Mail. Submit written comments to Office of Chief Counsel,
Regulation and Policy Team, DHS/FEMA, 500 C Street, SW., Room 835,
Washington, DC 20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include docket
ID FEMA-2009-0001 in the subject line.
    All submissions received must include the agency name and docket
ID. Regardless of the method used for submitting comments or material,
all

submissions will be posted, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov, and will include any personal
information you provide. Therefore, submitting this information makes
it public. You may wish to read the Privacy Act notice that is
available on the Privacy and Use Notice link on the Administration
Navigation Bar of http: //www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Scott Bowman, Individual
Assistance Branch Chief,<PHONE_NUMBER> for additional information. You
may contact the Office of Records Management for copies of the proposed
collection of information at facsimile number<PHONE_NUMBER> or e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Pub. L. 93-288) (the Stafford Act), as
amended is the legal basis for FEMA to provide financial needs and
services to individuals who apply for disaster assistance benefits in
the event of a federally declared disaster. Regulations in title 44
CFR, Subpart D, ``Federal Assistance to Individuals and Households'',
implement the policy and procedures set forth in section 408 of the
Stafford Act, 42 U.S.C. 5174, as amended. This program provides
financial assistance and, if necessary, direct assistance to eligible
individuals and households who, as a direct result of a major disaster,
have uninsured or under-insured, damage, necessary expenses, and
serious needs which are not covered through other means.
    Individuals and households may apply for assistance under the
Individuals and Households program via telephone, internet, or on paper
using FEMA Form 009-0-1 Application/Registration for Disaster
Assistance or FEMA Form 009-0-2, Solicitud/Registro Para Asistencia De
Resastre. For housing assistance, FEMA provides direct assistance to
eligible applicants pursuant to the requirements in 44 CFR 206.117. To
receive direct assistance for housing (e.g., mobile home or travel
trailer) from FEMA, the applicant is required to acknowledge and accept
the conditions for occupying government property. The form used is the
Declaration and Release; FEMA Form 009-0-4, or the Declaraci[oacute]n Y
Autorizaci[oacute]n; FEMA Form 009-0-5.
    In addition, the applicant is required to acknowledge that he or
she has been informed of the conditions for continued direct housing
assistance. To accomplish these notifications, FEMA uses the
applicant's household composition date in NEMIS to prepare a Receipt
for Government Property FEMA Form 009-0-6, or the Recibo de Propiedad
del Gobierno FEMA Form 009-0-3.

Collection of Information

    Title: Disaster Assistance Registration.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0002.
    Form Titles and Numbers: FEMA Form 009-0-1 (Replaces 90-69),
Application/Registration for Disaster Assistance; FEMA Form 009-0-2
(Replaces 90-69A), Solicitud/Registro Para Asistencia de Resastre; FEMA
Form 009-0-3 (Replaces 90-69B), Declaration and Release; FEMA Form 009-
0-4 (Replaces 90-69C), Declaraci[oacute]n y Autorizaci[oacute]n; FEMA
Form 009-0-5 (Replaces 90-69D), Receipt for Government Property; FEMA
Form 009-0-6 (Replaces 90-69E), Recibo de Propiedad del Gobierno.
    Abstract: Disaster Assistance Registration is a program used to
provide financial assistance and, if necessary, direct assistance to
eligible individuals and households who, as a direct result of a
disaster, have uninsured or under-insured necessary expenses and
serious needs and are unable to meet such expenses or needs through
other financial means.
    Affected Public: Individuals or Households.
    Estimated Total Annual Burden Hours: 555,009 Hours.

                                                                     Table A.12--Estimated Annualized Burden Hours and Costs
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                                                                                Total
                                                                            Number of       Number of     Total number   Avg. burden per response  (in     annual    Avg. hourly   Total annual
            Type of respondent                 Form name/form number       respondents    responses per   of responses               hours)             burden  (in   wage rate*    respondent
                                                                                respondent                                                      hours)                      cost
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Individuals or Households................  Tele-registration                  1,151,255               1       1,151,255  0.3                                345,377       $31.78     $10,976,081
                                            Application for Disaster
                                            Assistance.
Individuals or Households................  Internet Application for             515,487               1         515,487  0.3                                154,646        31.78       4,914,650
                                            Disaster Assistance.
Individuals or Households................  Paper Application for                 51,549               1          51,549  0.3                                 15,465        31.78         491,478
                                            Disaster Assistance
                                            (English and Spanish)/FEMA
                                            Forms 009-0-1 and 009-0-2.

Individuals or Households................  Declaration and Release            1,099,706               1       1,099,706  .033 (2 minutes)                    36,657        31.78       1,164,959
                                            (English and Spanish)/FEMA
                                            Forms 009-0-3 and 009-0-4.
Individuals or Households................  Receipt for Government                17,183               1          17,183  0.167                                2,864        31.78          91,018
                                            Property (English and
                                            Spanish)/FEMA Form 009-0-5
                                            and 009-0-6.
                                          ------------------------------------------------------------------------------------------------------------------------------------------------------
    Total................................  ............................       1,718,291  ..............       2,835,180  .............................      555,009  ...........     17,638,186
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 Note: The ``Avg. Hourly Wage Rate'' for each respondent includes a 1.4 multiplier to reflect a fully loaded wage rate.
 The total number of respondents is 1,718,291 as the respondents for the ``Declaration and Release'' and ``Receipt for Government Property'' collection instruments are a subset of the
  number of respondents for the ``Application for Disaster Assistance (Tele-registration, Internet and Paper-based)'' and are not counted separately.

    Estimated Cost: There is no annual operation or maintenance cost
associated with this collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: December 22, 2009.
Alisa Turner,
Acting Director, Office of Records Management, Office of Management,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-30770 Filed 12-28-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83327-83328]
[FR Doc No: 2016-27965]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-112 ]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before December 12, 2016.

ADDRESSES: You may send comments identified by docket number FAA-2016-
9322 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 10, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-9322.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec.  25.841(a)(2), Amendment 25-87.
    Description of Relief Sought: To allow relief from the requirements
pertaining to cabin decompression following an uncontained engine
failure on a Boeing Model 777-9.

[FR Doc. 2016-27965 Filed 11-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Rules and Regulations]
[Page 5535-5536]
[DOCID:fr03fe10-14]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 26

[Docket No. OST-2010-0021]
RIN 2105-AD76

Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Final rule.

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SUMMARY: This final rule changes the Department of Transportation
(Department) regulation concerning how often recipients of DOT
financial assistance are required to submit to the appropriate DOT
operating administration for approval the methodology and process used
to establish their overall disadvantaged business enterprise (DBE) goal
for federally funded contracting opportunities. Under the rule,
recipients will submit overall goals for review every three years,
rather than annually.

DATES: Effective Date: This rule is effective March 5, 2010.

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W94-302, Washington,
DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 8, 2009, the Department published
in the Federal Register at 74 FR 15910, a notice of proposed rulemaking
(NPRM) inviting public comment on a proposal to establish a staggered
three-year schedule for the submission by DOT recipients subject to the
regulations at 49 CFR part 26 of their overall goal for DBE
participation on DOT-assisted contracts. Recipients are currently
required to make a DBE goal submission each year on August 1st. This
proposed rule change was modeled largely on the comparable provision in
the airport concessions DBE rule in Part 23 of this Title, with which
the Department has had successful experience.
    The Department received approximately 27 comments from state
departments of transportation, airports, transit authorities, DBEs,
contractor associations, and transportation consultants. This final
rule responds to the substantive concerns raised in the comments from
those who supported or opposed the adoption of the proposed rule.
    The majority of commenters supported the proposed rule change as
long as recipients are either required to conduct annual reviews to
account for changes that may warrant a modification of the overall goal
or are simply allowed to make adjustments to the overall goal during
the three-year period based on changed circumstances without
necessarily requiring annual reviews. Some of the circumstances or
conditions that may indicate the need for an adjustment include, but
are not limited to, the collection of new data, a significant change in
the recipient's DOT assisted contracting program (e.g., new contracting
opportunities presented by the availability of new or different grant
opportunities), a marked increase or decrease in the availability of
DBEs in the recipient's contracting market, or a significant change in
the legal standards governing the DBE program. Some supporters also
thought it advisable to give recipients the flexibility to request a
waiver to set their own schedule or to submit an overall goal that
covers a one-, two-, or three-year period as appropriate due to the
nature of the recipient's contracting program. The ability to maintain
the status quo--i.e., set annual overall goals--was an approach
strongly endorsed by some airports, some representatives of the
aviation industry, and some representatives of general contractors.
    The commenters opposed to the proposed rule change raised several
concerns about moving to a three-year cycle: (1) The difficulty in
estimating a DBE goal beyond one year given the changes in the
political landscape or changes in the kind of projects that are funded;
(2) locking in goals for three years undermines the ability to assess
market conditions and DBE availability; (3) requiring annual reviews
during the three-year period defeats the purpose of reducing the
administrative burden associated with the annual goal setting process
since an annual review will likely result in the need for an adjustment
and thereby trigger the annual goal setting process; and (4) it fails
to achieve a level playing field or ensure narrow tailoring.
    Having considered the comments, the Department believes going to a
system of staggered three-year overall DBE goal submissions would not
compromise the ability of recipients to implement a narrowly tailored
program and would enable recipients to improve the data collection,
analysis, and consultation required to establish an overall goal that
truly aims to reflect the level of DBE participation one would expect
absent the effects of discrimination. Since the DBE program rules were
substantially revised in 1999, generally we have not seen huge
variances in the annual DBE goal submissions made by recipients over
the last ten years. Thus, we do not assume that requiring an annual
review would necessarily lead to annual adjustments resulting from a
process that mimics the current yearly process. That said, we do not
think it necessary to mandate annual reviews. Instead, we believe
recipients or operating administrations should be allowed, based on
changed circumstances, to initiate mid-course reviews as needed to
determine if adjustments to the overall goal are warranted. Also, we do
not think it prudent to allow each recipient to establish a different
schedule for submission. Such a series of exceptions would likely
swallow the rule. It also would make it much more difficult for
operating administrations to manage reviews and oversee compliance.
However, in those cases where a recipient believes its situation
differs from other similarly situated recipients, the existing program
waiver process offers the recipient the opportunity to seek an
exception. These program waivers, unlike the general program waiver
provisions of 49 CFR 26.15, could be granted by an operating
administration and would not have to be approved by the Secretary.
    Under the final rule, each operating administration is required to
establish a schedule for submissions to be posted on its Web site. The
schedules are intended to be posted no later than 30 days after the
effective date of this rule. During the transition to this new system,
specific notice of the deadline for overall goal submissions and the
consequences of failing to meet the deadline should be provided to
recipients. The schedules established by the operating administrations
should include each year a proportionate or representative number of
recipients from all regions of the country (e.g., north, south, east,
and west). During the transition to the new scheduling system,
recipients should continuing using or operating under the goals last
approved by the operating administration.

Regulatory Analyses and Notices

Executive Order 12866 and Regulatory Flexibility Act

    The Department has determined that this action is not a significant
regulatory

action for purposes of Executive Order 12866 or the Department's
regulatory policies and procedures. The rule would not impose any costs
or burdens on grantees or other parties. It would reduce burdens on
recipients by reducing the frequency of goal submissions to the
Department. For these reasons, the Department certifies that the rule
would not have a significant economic impact on a substantial number of
small entities.

Paperwork Reduction Act

    This rule does not create any information collection requirements
covered by the Paperwork Reduction Act.

List of Subjects in 49 CFR Part 26

    Administrative practice and procedures, Airports, Civil rights,
Government contracts, Grant programs--transportation, Minority
business, Reporting and recordkeeping requirements.

    Issued this 20th day of January 2010, at Washington, DC.
Ray LaHood,
Secretary of Transportation.

0
For the reasons stated in the preamble, the Department amends 49 CFR
part 26 as follows:

PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN
DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS

0
1. The authority for 49 CFR part 26 continues to read as follows:

    Authority:  23 U.S.C. 324; 42 U.S.C. 2000d, et seq.; 49 U.S.C
1615, 47107, 47113, 47123; Sec. 1101(b), Pub. L. 105-178, 112 Stat.
107, 113.

Subpart C--Goals, Good Faith Efforts, and Counting

0
2. Revise Sec.  26.45(e) and (f) to read as follows:

Sec.  26.45  How do recipients set overall goals?

* * * * *
    (e) Once you have determined a percentage figure in accordance with
paragraphs (c) and (d) of this section, you should express your overall
goal as follows:
    (1) If you are an FHWA recipient, as a percentage of all Federal-
aid highway funds you will expend in FHWA-assisted contracts in the
forthcoming three fiscal years.
    (2) If you are an FTA or FAA recipient, as a percentage of all FTA
or FAA funds (exclusive of FTA funds to be used for the purchase of
transit vehicles) that you will expend in FTA- or FAA-assisted
contracts in the three forthcoming fiscal years.
    (3) In appropriate cases, the FHWA, FTA or FAA Administrator may
permit you to express your overall goal as a percentage of funds for a
particular grant or project or group of grants and/or projects.
    (f)(1) If you set overall goals on a fiscal year basis, you must
submit them to the applicable DOT operating administration by August 1
at three-year intervals, based on a schedule established by the FHWA,
FTA, or FAA, as applicable, and posted on that agency's Web site. You
must submit to the operating administration for approval any
significant adjustment you make to your goal during the three-year
period based on changed circumstances. The operating administration may
direct you to undertake a review of your goal if necessary to ensure
that the goal continues to fit your circumstances appropriately.
    (2) If you are an FHWA, FTA, or FAA recipient and set your overall
goal on a project or grant basis, you must submit the goal for review
at a time determined by the FHWA, FTA, or FAA Administrator.
    (3) Timely submission and operating administration approval of your
overall goal is a condition of eligibility for DOT financial
assistance.
    (4) If you fail to establish and implement goals as provided in
this section, you are not in compliance with this part. If you
establish and implement goals in a way different from that provided in
this part, you are not in compliance with this part. If you fail to
comply with this requirement, you are not eligible to receive DOT
financial assistance.
* * * * *

[FR Doc. 2010-2294 Filed 2-2-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Proposed Rules]
[Pages 21197-21207]
[FR Doc No: 2010-9463]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-0161, FRL-9141-5]

Approval and Promulgation of Implementation Plans; Implementation
Plan Revision; State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a request from the State of New Jersey to revise its State
Implementation Plan (SIP) to incorporate amendments to Subchapter 4
``Control and Prohibition of Particles from Combustion of Fuel,''
Subchapter 10 ``Sulfur in Solid Fuels,'' Subchapter 16 ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds,''
Subchapter 19 ``Control and Prohibition of Air Pollution from Oxides of
Nitrogen,'' and related amendments to Subchapter 21 ``Emission
Statements.'' The amendments relate to the control of oxides of
nitrogen (NOX), sulfur dioxide (SO2), particles
and volatile organic compounds (VOCs) from stationary sources. This
proposed SIP revision consists of control measures needed to meet the
State's commitment to adopt additional reasonably available control
technology (RACT) rules that address RACT requirements for the 1997
national ambient air quality standards for ozone. Additionally, the
proposed SIP revision includes control measures that will help the
State meet the national ambient air quality standards for fine
particles.
    The intended effect of this proposed rule is to approve the State
control strategy, which will result in emission reductions that will
help achieve attainment of the national ambient air quality standards
for ozone and fine particles required by the Clean Air Act (the Act).

DATES: Comments must be received on or before May 24, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2010-0161, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2010-0161. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly

to EPA without going through http://www.regulations.gov your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul Truchan<EMAIL_ADDRESS>
concerning Subchapters 16 and 21, Anthony (Ted) Gardella
<EMAIL_ADDRESS>concerning Subchapter 19, and Kenneth
Fradkin<EMAIL_ADDRESS>concerning Subchapters 4 and 10, at
the Air Programs Branch, Environmental Protection Agency, 290 Broadway,
25th Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For detailed information on New Jersey's
proposed SIP revision see the Technical Support Document (TSD),
prepared in support of today's action. The TSD can be viewed at http://www.regulations.gov.
    The following table of contents describes the format of this
rulemaking:
I. EPA's Proposed Action
    A. What Action Is EPA Proposing?
    B. Why Is EPA Proposing This Action?
    C. What Are the Clean Air Act Requirements for RACT?
    D. How Did New Jersey Address the RACT Requirements for the 8-
Hour Ozone Standard?
    E. When Were New Jersey's RACT Requirements Proposed and
Adopted?
    F. What Is EPA's Evaluation of New Jersey's Subchapter 4--
``Control and Prohibition of Particles From Combustion of Fuel?''
    G. What Is EPA's Evaluation of New Jersey's Subchapter 10--
``Sulfur in Solid Fuels?''
    H. What Is EPA's Evaluation of New Jersey's Subchapter 16:
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds?''
    I. What Is EPA's Evaluation of New Jersey's Subchapter 19
``Control and Prohibition of Air Pollution From Oxides of
Nitrogen?''
    J. What Is EPA's Evaluation of New Jersey's Subchapter 21--
``Emission Statements?''
II. Conclusion
III. Statutory and Executive Order Reviews

I. EPA's Proposed Action

A. What Action Is EPA Proposing?

    On April 21, 2009 New Jersey submitted a proposed State
Implementation Plan (SIP) revision that includes amendments to New
Jersey Administrative Code, Title 7: Chapter 27 (NJAC 7:27) Subchapter
4 ``Control and Prohibition of Particles from Combustion of Fuel;''
Subchapter 8 ``Permits and Certificates for Minor Facilities (and Major
Facilities Without an Operating Permit);'' Subchapter 10 ``Sulfur in
Solid Fuels;'' Subchapter 16 ``Control and Prohibition of Air Pollution
by Volatile Organic Compounds;'' Subchapter 19 ``Control and
Prohibition of Air Pollution from Oxides of Nitrogen;'' and Subchapter
21 ``Emission Statements.''
    EPA proposes to approve the state amendments to Subchapter 4 and
Subchapter 10 as revisions to the SIP. These amendments relate to the
control of particle and sulfur dioxide emissions and will help the
State make advances towards reducing regional haze and meeting the
national ambient air quality standards (NAAQS) for fine particles.
    EPA will review Subchapter 8 and will address the approvability of
all Subchapter 8 amendments in a future action.
    EPA proposes to approve, as revisions to the New Jersey ozone SIP,
the state-adopted amendments to Subchapter 16 and Subchapter 19, and
related amendments to Subchapter 21, each adopted by New Jersey on
March 20, 2009, and submitted to EPA on April 21, 2009. New Jersey
amended Subchapter 16 and Subchapter 19 to meet the State's commitment
to adopt additional RACT rules for 12 of 13 source categories (see 74
FR 2945, January 16, 2009), which will result in additional emission
reductions of NOX and VOCs. EPA proposes that New Jersey's
state-adopted Subchapters 16 and 19, and the related amendments to
Subchapter 21, are fully approvable as SIP-strengthening measures for
New Jersey's ozone SIP. The amendments to Subchapters 16, 19 and 21 in
New Jersey's submittal meet the State's commitment to adopt additional
RACT control measures for 12 of 13 source categories to achieve
additional emission reductions of NOX and VOCs to attain the
8-hour ozone standard. The one remaining source category, adhesives and
sealants, will be addressed in a separate rulemaking.

B. Why Is EPA Proposing This Action?

    EPA is proposing this action to:
     Give the public the opportunity to submit comments on
EPA's proposed action;
     Approve control measures which reduce NOX and
VOC emissions, a precursor of ozone formation, to help attain the NAAQS
for ozone;
     Further New Jersey's and EPA's RACT requirements under the
Clean Air Act (the Act); and
     Make New Jersey's regulations for additional emission
reductions federally enforceable and available for emission reduction
credit in the SIP.
     Approve control measures that reduce particles, sulfur
dioxide, and NOX emissions, to help attain the NAAQS for
fine particles.
     Approve control measures that reduce regional haze.

C. What Are the Clean Air Act Requirements for RACT?

    Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require
nonattainment areas that are designated as moderate or above to adopt
RACT. All of New Jersey is subject to this requirement since all
counties in the State are located in either of two nonattainment areas
that are classified as moderate ozone nonattainment areas for the 8-
hour ozone standard (40 CFR 81.331). In accordance with section 182(b),
New Jersey must, at a minimum, adopt RACT level controls for sources
covered by a Control Techniques Guidelines (CTG) document and for any
major non-CTG sources.
    Section IV.G of EPA's Phase 2 implementation rule (70 FR 71612,
November 29, 2005) (Phase 2 Rule) discusses the RACT requirements for
the 1997 8-hour ozone standard. It states, in part, that where a RACT
SIP

is required, SIPs implementing the 8-hour ozone standard generally must
assure that RACT is met, either through a certification that previously
required RACT controls represent RACT for 8-hour ozone implementation
purposes or, where necessary, through a new RACT determination. The
majority of counties in New Jersey were previously classified under the
1-hour ozone standard as severe, while the remaining counties were
subject to RACT as part of the Ozone Transport Region. New Jersey chose
a uniform applicability level for RACT based on the severe
classification which resulted in a statewide requirement for major
sources of NOX and VOC to be defined as those having
emissions of 25 tons per year or more of both VOC and/or
NOX. Under the 8-hour standard, areas classified as
moderate, the definition for major source is 50 tons per year for VOC
and 100 tons per year for NOX. However, New Jersey's choice
to retain the original 1-hour ozone limits statewide in New Jersey for
purposes of the RACT analysis resulted in a more stringent evaluation
of RACT. New Jersey's use of 25 tons per year for RACT is consistent
with the anti-backsliding requirement of the Act. See Clean Air Act
sections 110(l) and 193; and South Coast Air Quality Management Dist
(SCAQMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006).

D. How Did New Jersey Address the RACT Requirements for the 8-Hour
Ozone Standard?

    New Jersey submitted a RACT assessment in an August 1, 2007
submission which was supplemented on December 14, 2007. The RACT
submission from the State of New Jersey consisted of: (1) A
certification that previously adopted RACT controls in New Jersey's SIP
for 101 source categories that were approved by EPA under the 1-hour
ozone standard are based on the currently available technically and
economically feasible controls, and that they continue to represent
RACT for 8-hour ozone implementation purposes; (2) a commitment to
adopt new or more stringent regulations that represent RACT control
levels for both specific source categories and specific sources; and
(3) a negative declaration that for certain Control Techniques
Guidelines and/or Alternative Control Techniques (ACTs) documents there
are no sources within New Jersey or that there are no sources above the
applicable thresholds.
    EPA reviewed the State's RACT analysis and agreed with the State's
conclusions. On May 15, 2009 (74 FR 22837) EPA conditionally approved
New Jersey's RACT SIP for the 8-hour ozone standard conditioned on the
State's meeting its commitment to submit adopted RACT rules for 13
source categories by April 1, 2009. To address this commitment, on
March 20, 2009, New Jersey adopted the RACT rules for the following 12
source categories: Alternative and facility-specific VOC and
NOX emission limits; emulsified and cutback asphalt used for
paving; asphalt pavement production plants; CTGs published in 2006:
flat wood paneling, flexible packaging printing materials, and offset
lithographic printing and letterpress printing; coal-fired boilers
serving electric generating units (EGUs); oil and gas-fired boilers
serving EGUs; High Electric Demand Day (HEDD) EGUs; industrial/
commercial/institutional boilers and other indirect heat exchangers;
municipal solid waste incinerators; glass manufacturing furnaces;
sewage sludge incinerators; and VOC stationary storage tanks. The
industrial adhesives and sealants source category (13th) was adopted on
October 30, 2008 and submitted as a SIP revision on April 9, 2009. EPA
will propose action on the adhesives and sealant rule in a separate
action.

E. When Were New Jersey's RACT Requirements Proposed and Adopted?

    New Jersey proposed the RACT rules at Subchapters 4, 10, 16 and 19,
and related amendments to Subchapter 21, on August 4, 2008, accepted
written comments on them until October 3, 2008, and held public
hearings on them on September 26, 2008. New Jersey adopted the amended
RACT rules and related requirements on March 20, 2009, and submitted
them to EPA for approval as revisions to the SIP on April 21, 2009. On
June 4, 2009, EPA determined the submittal to be administratively and
technically complete.

F. What is EPA's Evaluation of New Jersey's Subchapter 4--``Control and
Prohibition of Particles From Combustion of Fuel?''

    New Jersey previously submitted Subchapter 4 (state effective date
October 12, 1977) as a SIP revision and EPA approved it on January 27,
1984 (49 FR 3465). In this action, EPA is acting on the April 21, 2009
submittal of amendments to Subchapter 4 that affect the coal-fired
boiler source category, which consist of new definitions and more
stringent emission limits for facilities that emit particles from coal-
fired boilers.
Section 4.1 Definitions
    New Jersey revised section 4.1, Definitions, to add and/or revise
terms and their definitions. EPA evaluated New Jersey's definitions for
consistency with the Act, EPA regulations, and EPA policy, and proposes
to approve them.
Section 4.2 Standards for the Emission of Particles
    New Jersey amended section 4.2 of Subchapter 4 to lower the current
SIP approved particle emission rates for existing coal-fired boilers
and for coal-fired boilers with a particle control apparatus that is
newly constructed, installed or reconstructed. Owners/operators must
comply with the new particle emission rates unless otherwise specified
in an enforceable agreement with New Jersey. Note, particulates and
particles are synonymous terms.
    The particulate emission rates in section 7:27-4.2(a) are unchanged
from emission rates in the current SIP approved Subchapter 4. The
emission rates listed in section 7:27-4.2(a) will no longer apply for
any coal-fired boiler or particulate control apparatus regulated by new
sections 7:27-4.2(b) or 7:27-4.2(c) on and after the required
compliance dates. The compliance date for sources subject to 7:27-
4.2(b) is May 19, 2009; the compliance date for sources subject to
7:27-4.2(c) is December 15, 2012.
    The particulate emission rate listed in section 7:27-4.2(b) of
0.0150 pounds per million BTUs (MMBTU) shall apply for coal fired
boilers that have a particulate control apparatus that is newly
constructed, installed, reconstructed, and commences operation on or
after May 19, 2009. The owner or operator shall demonstrate compliance
based on the average of three stack tests, approved by New Jersey, and
in accordance with the source's approved permit. A coal-fired boiler or
particulate control apparatus is also subject, as applicable, to
existing New Jersey state-of-the-art requirements at 7:27-8.12 and
22:35, lowest achievable emission rate requirements at NJAC 7:27-18,
and best available control technology requirements at 40 CFR 52.21,
which are incorporated into the applicable implementation plan by
reference.
    Unless regulated by 7:27-4.2(b), the particulate emission rate
listed in section 7:27-4.2(c) shall apply for coal fired boilers in
operation prior to May 19, 2009. Coal fired boilers are subject to an
emission rate limit of 0.0300 pounds per MMBTU, or the permitted
emission rate in effect as of May 19, 2009, whichever is lower. The
owner or operator shall demonstrate compliance based on the average of
three stack tests, approved by New Jersey, and in accordance with the
source's approved permit.

    EPA supports and proposes to approve the amendments to Subchapter
4, which further reduce particulate emissions in the State.

G. What Is EPA's Evaluation of New Jersey's Subchapter 10--``Sulfur in
Solid Fuels?''

    New Jersey previously submitted Subchapter 10 (state effective date
July 14, 1981) as a SIP revision and EPA approved it on November 3,
1981 (46 FR 54542). In this action, EPA is acting on amendments that
affect facilities that emit sulfur dioxide (SO2) emissions
from solid fuel burning sources, including boilers serving electric
generating units (EGUs). The amendments include new definitions and
more stringent emission limits for SO2.
Section 10.1 Definitions
    New Jersey revised section 10.1, Definitions to add and/or revise
terms and their definitions.
    EPA evaluated New Jersey's definitions for consistency with the
Act, EPA regulations, and EPA policy, and proposes to approve them.
Section 10.2 Sulfur Contents Standards
    New Jersey amended section 10.2 of Subchapter 10 to require sources
to comply with more stringent SO2 emission rates contained
in section 7:27-10.2(h), and to eliminate the need to control
SO2 emissions by regulating the sulfur content of solid
fuel. Owners/operators must comply with the new SO2 emission
rates unless otherwise specified in an enforceable agreement with New
Jersey.
    Section 7:27-10.2(a), which regulates the sulfur content of solid
fuel stored, offered for sale, sold, delivered or exchanged in trade,
for use in New Jersey, and section 7:27-10.2(b), which regulates the
sulfur content of solid fuel burned, will no longer apply to any source
after December 14, 2012. Additionally, existing section 7:27-10.2(c),
which required different emission standards based on the level of
SO2 nonattainment of a particular zone, will no longer apply
after December 14, 2012. Existing sections 7:27-10.2(d),(e), and (f),
which also regulate SO2 emissions based on the sulfur
content of fuel, and subsection (g), which applies to authorizations
granted pursuant to subsection (f), will also no longer apply after
December 14, 2012.
    Pursuant to section 7:27-10.2(h), all sources that combust solid
fuel on or after December 15, 2012 must comply with the maximum
SO2 emission rate of 0.250 pounds/MMBtu gross heat input
based on a 24-hour emission rate and 0.150 pounds/MMBtu gross heat
input based on a 30-calendar-day rolling average emission rate. Any
source that combusts solid fuel, and that is constructed, installed,
reconstructed, or modified, is also subject, as applicable, to existing
New Jersey state-of-the-art requirements at 7:27-8.12 and 22:35, lowest
achievable emission rate requirements at NJAC 7:27-18, and best
available control technology requirements at 40 CFR 52.21, which are
incorporated into the applicable implementation plan by reference.
    Pursuant to section 7:27-10.2(j), owners/operators of boilers may
request, from New Jersey, a one-year extension of the December 15, 2012
compliance deadline. Section 10.2(j) provides the necessary
administrative and procedural requirements for owners to submit an
extension request and the conditions under which New Jersey will
approve the extension request.
    EPA supports and proposes to approve the amendments to this
existing provision, which address SO2 emissions from solid
fuel burning.
Section 10.5 SO2 Emission Rate Determinations
    Section 10.5 of Subchapter 10 is a new provision that establishes
procedures for calculating the 24-hour and 30-calendar-day rolling
average emission rates for SO2 that are specified in
10.2(h).
    SO2 emissions must be determined through the use of a
Continuous Emissions Monitoring System (CEMS). Section 10.5(c) allows
owners/operators to exclude emissions when the units are not combusting
solid fuel. Section 10.5(c)1 allows an exemption from the 30 calendar
day SO2 emission rate during the period of startup until the
unit begins combusting coal. Section 10.5(c)2 allows an exemption from
the 24-hour SO2 emission rate during the period of time that
the boiler does not combust coal. New Jersey provided for this
exemption to exclude emissions from periods when the boiler is
combusting fuel other than solid fuels, such as fuel oil or natural
gas, which can be burned during the start-up of coal fired boilers.
    EPA supports these amendments and is proposing to approve them.

H. What Is EPA's Evaluation of New Jersey's Subchapter 16: ``Control
and Prohibition of Air Pollution by Volatile Organic Compounds?''

    New Jersey previously submitted Subchapter 16 (state effective date
October 17, 2005) as a SIP revision and EPA approved it on July 31,
2007 (72 FR 41626). In this action, EPA is acting on amendments to
Subchapter 16 that affect the following VOC sources or source
categories: VOC stationary storage tanks; sources subject to control
technique guidelines (CTGs) for flat wood paneling coatings, flexible
packaging printing materials and offset lithographic printing and
letterpress printing; sources subject to alternative or facility-
specific VOC control requirements; and asphalt used for paving;
Section 16.1 Definitions
    New Jersey revised section 16.1, Definitions, to add and/or revise
terms and their definitions.
    EPA evaluated New Jersey's definitions for consistency with the
Act, EPA regulations, and EPA policy and proposes to approve them.
Section 16.2 VOC Stationary Storage Tanks
    New Jersey has reevaluated the level of controls currently required
for stationary storage tanks that store VOC by studying controls that
have been successfully implemented in other states. The revisions
primarily affect those tanks in Range III which is the range that
covers larger tanks that store high vapor pressure VOC, such as
gasoline, located at refineries, terminals, and pipeline breakout
stations. The new requirements can be grouped into five categories:
deck fittings and seals, domes, roof landings, degassing and cleaning
operations, and inspection and maintenance procedures.
Deck Fittings and Seals
    New Jersey revised section 16.2(l) to add provisions that require
roof penetrations, such as slotted guide poles, access hatches, and
adjustable roof legs to have seals, and require upgraded seals for
other deck fittings. In addition they provide more stringent rim seal
system requirements for existing and new storage tanks in Range III and
require roof openings to be maintained in a leak-free condition, as
determined by EPA Method 21 (40 CFR part 60, Appendix A).
Domes
    New Jersey revised section 16.2(l) to require, with some
exceptions, that domes be installed on external floating roof tanks
that store materials with true vapor pressures greater than three pound
per square inch absolute (psia). Any tanks exempted from the
requirement of section 16.2(l) must still comply with other
requirements in section 16.2 for tanks in existence on May 18, 2009,
the day before the

operative date of these provisions. Compliance is required the first
time an existing tank is degassed following May 19, 2009, the operative
date of these revisions, but no later than May 1, 2020. A new tank is
required to comply before the tank is initially filled.
Roof Landings
    Sections 16.2(n), (o), and (p) are new provisions that New Jersey
designed to minimize emissions when a tank goes through a ``roof
landing cycle.'' A roof landing cycle is composed of three phases: the
removal of all stored liquid VOC (the floating roof is no longer in
contact with the stored liquid VOC, but is supported by legs or
cables), the idling period (when the tank is waiting to be refilled),
and the refilling of the tank. Pursuant to 16.2(p)(1)(i), any floating
roof tank existing on May 19, 2009 and not exempt pursuant to
16.2(f)(6), must submit to NJDEP, by December 1, 2009, a complete,
written facility-wide tank VOC control plan. Pursuant to 16.2(p)(1)(ii)
any new tank, excluding those exempt pursuant to 16.2(f)(6), must
submit to NJDEP, by 120 days of installation, a written new or updated
facility-wide tank VOC control plan. Pursuant to 16.2(p)(2)(ii),
schedules for implementation of emission controls by May 19, 2019 are
to be consistent with the facility's schedule for tank removal from
service for normal inspection and maintenance and with the facility's
schedule for the installation of any new tanks. As an alternative to
the implementation schedule of emission controls, storage tanks in
Range III that store gasoline may submit an emissions averaging plan
pursuant to 16.2(p)2.iii.
Degassing and Cleaning Operations
    Storage tanks must be periodically cleaned and accumulated sludge
removed. Before this can occur, tanks must be degassed (removal of
gases that remain after the liquid has been removed). Section 16.2(q)
is a new provision that contains requirements for handling the gases
and sludge that must be removed when a tank is degassed and cleaned
between May 1 and September 30. Compliance with these requirements
begins on May 1, 2010. Displaced vapors must be sent to a vapor control
system with at least 95 percent control efficiency. Section 16.2(q)
also contains approved methods for cleaning the inside of the tank.
Sludge from tanks that contained a VOC with a vapor pressure greater
than 1.5 psia (pounds per square inch absolute) must be transferred to
receiving vessels that are controlled to prevent 95 percent of the
emissions from being released to the atmosphere. Sludge containers must
be kept vapor tight and free from liquid leaks.
Inspection and Maintenance
    Section 16.2(r) is a new provision that applies to VOC storage
tanks in Range III and requires that the tanks in this range be
inspected by an authorized inspector and the results recorded on an
inspection form (contained in Subchapter 16, Appendix II). Section
16.2(r) specifically identifies what must be annually inspected and
what must be inspected once a tank is degassed but not less than once
every 10 years. Any equipment that does not meet Subchapter 16
requirements must be repaired or replaced.
    EPA evaluated the section 16.2 provisions for consistency with the
Act, EPA regulations, and EPA policy and proposes to approve them.
Section 16.7 Surface Coating and Graphic Arts Operations
Offset Lithographic Printing and Letterpress Printing
    New Jersey revised section 16.7 to address the CTG for Offset
Lithographic Printing and Letterpress Printing. Subsections (r) and (s)
were added and require more stringent emission controls. Where more
resource intensive emission controls are necessary or involve modifying
the equipment, compliance is required by May 1, 2010. The VOC solvent
content of fountain solutions is limited depending on the type of
equipment and the limits must be complied with by May 19, 2009.
Cleaning materials are restricted to a composite vapor pressure less
than 10 mm Hg (millimeters mercury) or VOC content of less than 70
percent by weight with some exceptions after May 19, 2009.
    In addition, section 16.7(t) was added and requires, effective May
19, 2009, best management practices, such as, keeping VOC and VOC
containing materials in closed containers, ensuring mixing vessels have
covers and are kept closed when not adding or removing materials,
keeping VOC containing shop towels in closed containers, and
recordkeeping requirements. The above changes are consistent with the
CTG recommendations issued on October 5, 2006.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.
Flexible Package Printing
    The New Jersey amendments to section 16.7 address the CTG for
Flexible Package Printing. Section 16.7(h)(3) was added and requires
more stringent emission controls for rotogravure, sheet-fed gravure, or
flexographic printing operations installed or modified on or after May
19, 2010. Section 16.7, Table 7D -Part B contains new maximum allowable
VOC content of surface coating formulations (minus water) limits.
Section 16.7(t) requires best management practices (see above
description). These amendments are consistent with the CTG
recommendations issued on October 5, 2006.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.
Flat Wood Paneling and Printed Hardwood Coatings
    The New Jersey amendments to section 16.7 address the CTG for Flat
Wood Paneling and Printed Hardwood Coatings. Section 16.7, Table 7B
contains new maximum allowable VOC content per volume of coating (minus
water) limits for flat wood paneling and printed hardwood coatings of
2.1 pounds per gallon with a compliance date of May 19, 2009. Section
16.7(t) requires best management practices (see above description).
    The amendments to section 16.7 are consistent with the CTG
recommendations issued on October 5, 2006. EPA has evaluated these
provisions for consistency with the Act, EPA regulations, and EPA
policy and proposes to approve them.
Section 16.11 Asphalt Pavement Production Plants
    The New Jersey amendments to section 16.11 clarify that it applies
to plants where asphalt pavement is produced. There were no changes to
the requirements.
    EPA evaluated this provision for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve it.
Section 16.17 Alternative and Facility-Specific VOC Control
Requirements
    The New Jersey amendments to section 16.17 limit the duration of an
approved VOC alternative control plan to ten years. Section 16.17(c)5
provides that, for control plans issued after May 19, 2009, sources can
reapply for a new plan the year before the existing alternate control
plan expires. Sources with VOC control plans issued prior to May 19,
2009 must reapply and demonstrate continued justification or comply
with the specific Subchapter 16 requirements for that source. If the
source does not submit a proposed plan

by August 17, 2009, the existing plan terminates on August 17, 2009 and
the source must comply with all applicable provisions of Subchapter 16.
All alternative control plans must be submitted by the State to EPA for
approval as a revision to the SIP.
    EPA has evaluated these provisions for consistency with the Act,
EPA regulations, and EPA policy and proposes to approve them.
Section 16.19 Application of Cutback and Emulsified Asphalts
    The New Jersey amendments to section 16.19 further reduce the
amount of VOC that is allowed to be included in cutback asphalt or
emulsified asphalt used between April 16 through October 14 to no
greater than 0.1 percent VOC by weight or no greater than 6.0
milliliters of oil distillate, in accordance with ASTM Method D244,
Standard Test Methods and Practices for Emulsified Asphalts, or AASHTO
T 59, Standard Method of Test for Testing Emulsified Asphalts. In
addition, it requires cutback asphalt or emulsified asphalt to be
stored in sealed containers from April 16 through October 14. Both
these requirements are applicable as of April 16, 2009. EPA evaluated
these provisions for consistency with the Act, EPA regulations, and EPA
policy and proposes to approve them.
Other Changes to Subchapter 16
    In addition to the above, New Jersey modified Subchapter 16 to make
technical and administrative corrections, to delete outdated
provisions, such as the repealed Open Market Emissions Trading Program,
and to clarify the use of terms in section 16.17.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.

I. What Is EPA's Evaluation of New Jersey's Subchapter 19 ``Control and
Prohibition of Air Pollution From Oxides of Nitrogen?''

    The following is a summary of EPA's evaluation of New Jersey's
April 21, 2009 SIP submittal consisting of new provisions and
amendments to existing provisions to Subchapters 19.
    New Jersey previously submitted Subchapter 19 as a SIP revision to
address the NOX RACT requirements, which EPA approved as SIP
revisions on January 27, 1997 (62 FR 3804), March 29, 1999 (64 FR
14832) and July 31, 2007 (72 FR 41626). New Jersey also developed a
NOX Budget Trading Program, which EPA approved as a SIP
revision on May 22, 2001 (66 FR 28063), and the Clean Air Interstate
Rule (CAIR) program, which EPA approved as a SIP revision on October 1,
2007 (72 FR 55666). The current submission provides new provisions and
amendments that establish more stringent RACT limits for facilities
that emit NOX. New Jersey revised Subchapter 19 to require
owners and operators to implement the following new provisions and
amendments to existing provisions:
1. New Provisions
Municipal Solid Waste (MSW) Incinerators
    Section 19.12 of Subchapter 19 is a new provision that establishes
a NOX emission limit, compliance monitoring requirements and
compliance dates for any size MSW incinerator. The new NOX
emission limit is 150 parts per million measured on a dry volume basis
(ppmvd) at 7% oxygen, averaged over a calendar day is set forth in
section 19.12(a). If the NOX emission limit cannot be
achieved, section 19.12(b) provides that owners/operators of the MSW
incinerator can comply by obtaining an alternative maximum allowable
NOX emission rate pursuant to section 19.13 of Subchapter
19. In accordance with section 19.13(h), any State approved alternative
maximum allowable NOX emission limit pursuant to 19.13(c) or
NOX control plan pursuant to 19.13(b) must be submitted by
New Jersey to EPA for approval as a SIP revision. Section 19.12(c)
provides that compliance with the NOX limit is to be
demonstrated with a continuous emission monitoring system (CEMS),
pursuant to section 19.18 of Subchapter 19. Compliance is due by July
18, 2009 if achieved by optimization of an existing NOX air
pollution control system (APCS) without modifying the incinerator,
however the date is extended to May 1, 2011 if compliance must be
achieved by installing a NOX APCS or if it is necessary to
physically modify the incinerator.
    The NOX emission limit of 150 ppmvd is more stringent
than the federal limits currently in effect for existing large and
small MSW incinerators (see 40 CFR Part 62, Subparts FFF and JJJ) and
is more stringent than the limits previously approved by EPA as source-
specific SIP revisions submitted by New Jersey, pursuant to section
19.13 of Subchapter 19.
    EPA supports these new provisions and is proposing to approve them.
Sewage Sludge Incinerators
    Section 19.28 of Subchapter 19 is a new provision that establishes
NOX emission limits and compliance requirements for sewage
sludge incinerators. Section 19.28(a) provides that the NOX
emission limit is 7.0 pounds NOX per ton of dry sewage
sludge for Multiple Hearth type incinerators and 2.5 pounds
NOX per ton of dry sewage sludge for Fluidized Bed type
incinerators, unless the owner/operator is complying with alternative
compliance options at section 19.3(f) of Subchapter 19. The
NOX emission limit of 7.0 pounds NOX per ton of
dry sewage sludge for Multiple Hearth type incinerators is more
stringent than the limits previously approved by EPA as source-specific
SIP revisions submitted by New Jersey, pursuant to section 19.13 of
Subchapter 19. EPA did not previously receive any source-specific SIP
revisions from New Jersey for Fluidized Bed type sewage sludge
incinerators.
    Pursuant to section 19.15(a) of Subchapter 19, owners/operators of
sewage sludge incinerators must demonstrate compliance with either a
CEMS or source emission tests. Pursuant to sections 19.15(b) and (c),
owners/operators shall meet the following compliance demonstration
dates: (1) For a source that was in operation before January 1, 1995,
compliance is to be demonstrated at the frequency set forth in the
permit for the equipment; and (2) for a source that commenced operation
or is altered after January 1, 1995, initial compliance is to be
demonstrated within 180 days of when the source commences operation.
    Pursuant to section 19.3(f) of Subchapter 19, owners/operators of
sewage sludge incinerators may comply by using one of the alternative
options listed in 19.3(f)(1)-(4) or a combination of options (1) and
(3). The options in section 19.3(f) are: (1) An emissions averaging
plan approved by New Jersey pursuant to sections 19.6 and 19.14; (2) an
alternative maximum allowable NOX emission rate approved by
New Jersey pursuant to section 19.13; (3) a plan for seasonal fuel
switching approved by New Jersey pursuant to sections 19.14 and 19.20;
and (4) a plan for phased compliance through the use of either
repowering approved by New Jersey pursuant to section 19.21 or
innovative control technology approved by New Jersey pursuant to
section 19.23. In accordance with New Jersey's requirements for phased
compliance through the use of either repowering or innovative control
technology, owners/operators were required to have applied

to implement a plan by February 7, 2006 and to have fully implemented
the plans by November 7, 2009. Since the New Jersey compliance
deadlines have past, unless already fully implemented by November 7,
2009, these two phased compliance plan options are no longer available
as control options.
    When Subchapter 19 was last approved, EPA stated that it takes no
action to either approve or disapprove the existing provisions for
phased compliance using repowering or innovative control technology at
sections 19.21 and 19.23, respectively, because they contain a
compliance date of November 7, 2009, which was beyond the 1-hour ozone
attainment date deadline. See 72 FR 41626, July 31, 2007. EPA continues
to take no action on the phased compliance provisions at sections 19.21
and 19.23, which are no longer viable control options, and requests New
Jersey to delete this date which has now passed the next time
Subchapter 19 is revised.
    EPA supports these changes and is proposing to approve this new
provision.
High Electric Demand Days (HEDD) Electric Generating Units (EGUs)
    Sections 19.29 and 30 of Subchapter 19 are new provisions that
establish a short term and a long term control strategy, respectively,
for limiting NOX emissions on ``HEDD'' and establishing, as
applicable, recordkeeping, reporting, and monitoring requirements for
EGUs operating on HEDD which are typically days during the summer
months when both temperatures and ozone levels can be high. Section
19.1 defines a ``HEDD unit'' as an EGU, capable of generating 15
megawatts or more, that commenced operation prior to May 1, 2005, and
that operated less than or equal to an average of 50 percent of the
time during the ozone seasons of 2005 through 2007.\1\ Section 19.1
defines an HEDD as a day on which the generating load is forecast by
the PJM Interconnection \2\ to have a peak value of 52,000 megawatts or
higher.
---------------------------------------------------------------------------

    \1\ HEDD units can include some stationary gas turbines and some
boilers.
    \2\ PJM Interconnection is a regional transmission organization
(RTO) that coordinates the movement of wholesale electricity in all
or parts of 13 states and the District of Columbia, including the
State of New Jersey.
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    Section 19.29 of Subchapter 19, contains the short term strategy to
achieve NOX reductions from HEDD units starting on May 19,
2009 through September 30, 2014 thereby providing owners/operators of
affected units time to develop and implement the long term strategy
pursuant to section 19.30, which requires compliance with the more
stringent NOX emission limits at amended sections 19.4 and
19.5 for boilers and combustion turbines, respectively. HEDD units
applicable to section 19.29 are old units that typically emit high
levels of NOX on HEDD.
    The short term strategy is based upon a March 2, 2007 Memorandum of
Understanding (MOU) \3\ signed by New Jersey and the other member
states of the Ozone Transport Commission (OTC). This MOU commits New
Jersey to reduce NOX emissions associated with HEDD units by
19.8 tons per day (TPD) on high electric demand days. Pursuant to
section 19.29(b), this short term strategy requires owners/operators of
HEDD units to do the following: (1) By June 18, 2009, submit to New
Jersey an approvable ``2009 Protocol'' that defines all of the control
measures pursuant to section 19.29(d) needed to achieve its share of
the statewide NOX emission reductions from HEDD units, on
each HEDD day during the period May 19, 2009 through September 30,
2014, as determined by `Equation 1' of section 19.29(c); (2) provide a
demonstration that all the required NOX reductions were
obtained and include a demonstration in an annual report, pursuant to
section 19.29(k); and (3) submit the annual report to New Jersey by
January 30th of the following year, pursuant to section 19.29(k).
---------------------------------------------------------------------------

    \3\ ``Memorandum of Understanding Among the States of the Ozone
Transport Commission Concerning the Incorporation of High Electric
Demand Day Emission Reduction Strategies into Ozone Attainment State
Implementation Planning''.
---------------------------------------------------------------------------

    The short term strategy also defines the applicability of the rule
to specific affected sources, provides for recordkeeping and reporting
requirements, provides detailed compliance requirements of an
approvable 2009 Protocol, and establishes permitting requirements.
    It should be noted that pursuant to section 19.29(b)(3) of New
Jersey's short term strategy, owners/operators of subject HEDD units
may request the State's approval of a phased compliance plan, pursuant
to section 19.22, which provides an additional year for compliance with
the required NOX reductions due to impracticality. During
the interim period, section 19.22(g)(4) requires owners/operators of an
approved phased compliance plan to control NOX emissions
either by adjusting the combustion process or seasonally combusting
natural gas, pursuant to section 19.20, or implementing other control
measures that New Jersey determines are appropriate.
    In addition to meeting the NOX reductions, (tons/HEDD)
as provided in Equation 1, for the period from May 20, 2009 through
April 30, 2015 owners/operators of HEDD units that are stationary
combustion turbines are also required to meet a specific NOX
emission limit (expressed as lbs/MMBTU), pursuant to section 19.5, as
follows: (1) Table 4 emission limits apply for simple cycle combustion
turbines; and (2) Table 5 emission limits apply for combined cycle or
regenerative cycle combustion turbines.
    New Jersey's long term NOX reduction strategy provided
in section 19.30 of Subchapter 19 addresses requirements for owners/
operators of HEDD units meeting new NOX emission limits
starting in 2015 and beyond. As stated above, the new more stringent
NOX emission limits, for boilers and combustion turbines,
respectively, are provided in the new amendments in sections 19.4 and
19.5. Owners/operators of HEDD units are required to submit to New
Jersey a ``2015 HEDD Emission Limit Achievement Plan'' (``2015 Plan'')
by May 1, 2010. The purpose of the 2015 Plan is to document how the
owner/operator intends to comply with the 2015 HEDD NOX
emission limits and to provide a schedule by which the new emission
limits will be achieved for each HEDD unit. Owners/operators of HEDD
units are required to submit to New Jersey an annual update on the
progress of the 2015 Plan for each calendar year from 2010 through
2014. Owners/operators of HEDD units are required to indicate any
obstacles that might impede progress in achieving compliance with the
applicable 2015 NOX emission limit and any steps needed to
overcome these obstacles in their annual updates.
    EPA supports the new provisions, which address NOX
reductions from HEDD units and proposes to approve them.
2. Amendments to Existing Provisions
Boilers Serving Electric Generating Units (EGUs)
    New Jersey revised section 19.4 of Subchapter 19 by lowering the
current SIP approved NOX emission rates, and by providing
new compliance dates, as summarized in Tables 1-3 of Subchapter 19, for
boilers serving EGUs. Owners/operators must comply with the new
NOX emission rates unless they are complying with the
alternative compliance options in section 19.3(f) \4\

or unless otherwise specified in an enforceable agreement with New
Jersey.
---------------------------------------------------------------------------

    \4\ Whenever EPA refers to section 19.3(f), the reader is
referred to the discussion at section I.I.1 of this rulemaking
relating to sewage sludge incinerators.
---------------------------------------------------------------------------

    The NOX emission rates in Table 1 of the amendments are
the same as the emission rates in the current SIP approved Subchapter
19 and are required to be complied with until December 14, 2012. For
coal boilers, the NOX emission rates in Tables 2 and 3 are
lowered to 1.5 pounds per megawatt hour (lb/MWh), resulting in
additional NOX reductions ranging from about 75 percent to
85 percent, depending upon the boiler type, and the operative
compliance date is December 15, 2012. New Jersey revised the
NOX emission rates from heat input based rates (pounds per
MMBTU) in Table 1 to the production output based rates (lb/MWh)
provided in Tables 2 and 3. Output based limits encourage sources to
improve plant operating efficiency and encourage pollution prevention
measures, such as clean energy supply, which result in reduced fuel
consumption and reduced emission of pollutants, including
NOX.
    When calculating a 24-hour NOX emission rate for coal
combustion at a coal boiler, section 19.4 allows owners/operators to
exclude emissions during startup and shutdown under the following
restricted conditions: (1) For startup, when the unit is not combusting
fossil fuel (coal), for a period not to exceed 8 hours, from initial
combustion until the unit combusts coal and is synchronized with a
utility electric distribution system; and (2) for shutdown, when the
unit is no longer combusting coal and no longer synchronized with a
utility electric distribution system. New Jersey provided for this
exemption because of technological limitations: Selective catalytic
reduction (SCR) and selective non-catalytic reduction (SNCR) control
technologies do not control NOX emissions effectively at
lower than optimum temperatures that can occur during startup and
shutdown periods. EPA is in agreement with New Jersey's exemption for
the following reasons: (1) The impact on ambient air quality is
minimized by New Jersey's narrowly defined startup and shutdown
requirements; (2) the exemption only applies during startup and
shutdown periods when coal is not combusted; (3) the NOX
control strategies have technological limitations during startup and
shutdown periods; and (4) New Jersey requires compliance with oil/gas
NOX emission limits during this startup/shutdown period.
This startup/shutdown exemption is consistent with EPA's guidance as
discussed in the TSD.
    For oil and gas boilers, the NOX emission rates provided
in section 19.4, Table 3, expressed as lb/MWh, are more stringent as
follows: (1) 2.0 for boilers combusting heavier than No. 2 fuel oil,
resulting in additional NOX reductions as high as 53
percent, depending upon the boiler type; and (2) 1.0 for boilers
combusting either No. 2 and lighter fuel oil or gas only, resulting in
additional NOX reductions ranging from about 50 percent to
76 percent, depending upon the boiler type.
    The operative compliance date for oil and gas fired boilers that
are subject to the new NOX emission rates in Table 3 is May
1, 2015.
    Pursuant to section 19.4(f) of Subchapter 19, owners/operators of
coal-fired boilers may request from New Jersey a one-year extension of
both the December 15, 2012 emission limit compliance deadline and the
June 15, 2013 compliance demonstration deadline required at section
19.4(d)(1). Section 19.4(f) provides the necessary administrative and
procedural requirements for owners to submit an extension request and
the conditions under which New Jersey will approve the extension
request.
    EPA supports and proposes to approve the amendments to the current
SIP-approved provision as they provide for further NOX
reductions from boilers serving EGUs.
Stationary Combustion Turbines
    New Jersey revised section 19.5 of Subchapter 19 to lower the
current SIP approved NOX emission rates and to provide
compliance dates for stationary combustion turbines, as summarized in
Tables 4-7 of Subchapter 19. The NOX emission rates in
Tables 4 through 6 are the same as the emission rates in the current
SIP approved Subchapter 19.
    Table 7 is applicable to all HEDD unit stationary combustion
turbines or stationary combustion turbines capable of generating 15 MW
or more that commenced operation on or after May 1, 2005. The
NOX emission rates in Table 7 are more stringent, by
approximately 40 to 54 percent, depending upon the type of turbine and
fuel combusted, than the current Table 6 SIP approved NOX
emission rates. Owners/operators of affected units must comply with the
Table 7 NOX emission rates on and after May 1, 2015.
    EPA supports and proposes to approve the amendments to the current
SIP approved provision as they provide for further NOX
reductions from stationary combustion turbines.
Industrial/Commercial/Institutional (ICI) Boilers and Other Indirect
Heat Exchangers (IHEs)
    New Jersey revised section 19.7 of Subchapter 19 by lowering the
current SIP approved maximum allowable NOX emission rates,
by providing compliance dates, and by lowering the applicability
threshold for ICI boilers and other IHEs. The more stringent
requirements at section 19.7 do not apply to ICI boilers and other IHEs
at petroleum refineries. Owners/operators must comply with the
NOX emission rates unless they are complying with the
alternative compliance options in section 19.3(f) (see footnote 4).
    The NOX emission rates in the new Table 9 are more
stringent than the current SIP approved rates in Table 8 and are
applicable to owners/operators of ICI boilers and IHEs, whether or not
the source is located at a facility classified as major for
NOX, for those sources that are not located at a petroleum
refinery. Newly applicable sources are required to be in compliance
with the new limits as follows: (1) The applicability threshold is
lowered, for sources with a heat input rate expressed as lb/MMBTU, to
25 from 50 lb/MMBTU and (2) the applicability of these provisions is
extended to ICI boilers and IHEs not located at a facility classified
as major for NOX. The new NOX emission rates are
lowered as much as 77%, depending upon the boiler type and/or fuel
combusted. The State has indicated there are no longer any coal-fired
boilers in operation. Therefore it has deleted the requirement to
comply with these NOX emission rates for the source category
``coal-fired boilers.'' For sources with a heat input rate of at least
25 MMBTU/hr but less than 50 MMBTU/hr, compliance with the Table 9
NOX emission rates are required on and after (1) May 1, 2011
if compliance is achieved without physically modifying the boiler or
IHE and (2) May 1, 2012 for sources that comply by a physical
modification. For sources with a heat input rate of at least 50 MMBTU/
hr, compliance with the Table 9 NOX emission rates is
required on and after (1) May 1, 2010 if compliance is achieved without
physically modifying the boiler or IHE and (2) May 1, 2011 for sources
that comply by a physical modification.
    For ICI boilers and IHEs located at petroleum refineries, the
current SIP approved NOx emission rates in Table 8 are still
applicable.
    EPA supports and proposes to approve the amendments to the current
SIP-approved provision as the amendments provide for further
NOX

reductions from ICI boilers and other IHEs.
Asphalt Pavement Production Plants
    New Jersey revised section 19.9 of Subchapter 19 by lowering the
current SIP approved maximum allowable NOX emission limit
for dryers at asphalt production plants, by providing new compliance
dates, and by requiring implementation and recordkeeping associated
with new best management practices. The NOX emission limits
are lowered, in the range of 37 to 67 percent, from 200 ppmvd, as
measured at 7 percent oxygen, to more stringent limits depending upon
the fuel combusted in the dryer. The new NOX emission limits
are as follows: (1) 75 ppmvd for natural gas combustion; (2) 100 ppmvd
for No. 2 fuel oil combustion; and (3) 125 ppmvd for No. 4 fuel oil,
heavier fuel oil, on-specification used oil or any mixture of these
three oils. Owners/operators must comply with the NOX
emission limits unless they are complying with the alternative
compliance options in section 19.3(f) (see footnote 4). In addition,
owners/operators must annually adjust the combustion process of the
dryer pursuant to section 19.16 of Subchapter 19.
    Owners/operators of an asphalt pavement production plant that are
complying without physically modifying the dryer must be in compliance
with the new NOX emission limits by the following dates: (1)
By May 1, 2011, for sources with a heat input rate of less than 100
MMBTU/hr and (2) by May 1, 2010, for sources with a heat input rate of
at least 100 MMBTU/hr. For owners/operators of sources that must make
physical modifications to comply, the compliance date is extended one
year for each of the scenarios above.
    EPA supports and proposes to approve the amendments to the current
SIP approved provision that addresses NOX reductions from
asphalt pavement production plants.
Glass Manufacturing Furnaces
    New Jersey revised section 19.10 of Subchapter 19 by lowering the
current SIP approved NOX emission limits by approximately 27
to 64 percent, by adding new applicable source categories, and by
providing compliance dates for glass manufacturing furnaces having the
potential to emit more than 10 tons of NOX per year. The new
NOX emission limits for glass manufacturing furnaces subject
to the provisions are either 4.0 or 9.2 tons NOX per ton of
glass removed from the furnace, depending upon the type of glass
produced and the production rate of the glass furnace. The amendments
applicable to glass manufacturing furnaces that produce pressed glass,
blown glass, fiberglass and flat glass are now regulated by section
19.10.
    Pursuant to section 19.10(f), in lieu of meeting the NOX
emission limits at sections 19.10(a) and (b), owners/operators of glass
manufacturing furnaces may comply by using the alternative compliance
options at section 19.10(f), which parallel those for sewage sludge
incinerators at 19.3(f) (see footnote 4), except that the alternative
compliance option for innovative control technology and the phased
compliance by repowering are not allowed by New Jersey.
    Owners/operators of glass manufacturing furnaces are required to be
in compliance with the new NOX emission limits on and after
May 1, 2010. Based on economic considerations, compliance with the
amendments is required on the first day of startup after rebricking of
the furnace occurs. Since economic feasibility is one of the RACT
requirements, New Jersey's compliance requirement is acceptable to EPA.
    EPA supports and proposes to approve the amendments to the current
SIP approved provision that addresses NOX reductions from
glass manufacturing furnaces.
Alternative and Facility-Specific NOX Emission Limits (AELs
and FSELs)
    Section 19.13 of Subchapter 19 establishes a procedure for making
case-by-case RACT determinations for facilities classified as major for
NOX, for an item of equipment, or for a source operation.
Owners/operators of major NOX facilities with emission
sources having a potential to emit of more than 10 tons of
NOX per year, where no previous presumptive NOX
emission limit has been established in Subchapter 19, are required to
apply to New Jersey for a facility-specific emission limit (FSEL).
Where a presumptive NOX emission limit exists in Subchapter
19 and owners/operators determine that the presumptive NOX
limit cannot be met by the source, the owners/operators can apply to
New Jersey, pursuant to the procedures in section 19.13, for an
alternative emission limit (AEL). FSELs and AELs are determined on a
case-by-case basis. Pursuant to section 19.13(h), any FSEL or AEL
approved by New Jersey must be submitted by the State to EPA for
approval as a revision to the SIP. If EPA denies the approval of the
proposed NOX plan as a revision to the SIP, section 19.13(l)
provides that New Jersey will revoke its approval of the plan.
    Section 19.13 is amended by requiring owners/operators of each
facility with either an FSEL or an AEL that was issued by New Jersey
before May 1, 2005 to submit a new NOX control plan by
August 17, 2009 unless a 90-day extension is requested and approved by
the State. Pursuant to section 19.13(b)(1), any FSEL approved by New
Jersey after May 19, 2009 will not have an expiration date unless there
is a modification, alteration or reconstruction of the source, for
which the State's approval of a new FSEL is required. Pursuant to
section 19.13(b)(2) any AEL approved by New Jersey will have a term
limit of 10 years. An approval of an AEL is void upon alteration of the
equipment or source operation, unless New Jersey determines that the
alteration does not materially affect the basis of the original
approval or the source, prior to the alteration, applies for and
obtains a revised AEL (see sections 19.13(b)(6) and 19.13(k)). New
Jersey made these amendments after its review of existing FSELs and
AELs many of which were approved as long ago as 1997. In many cases,
the State determined that control technologies have advanced
sufficiently since that time, warranting reevaluations of these case-
by-case determinations.
    EPA supports and proposes to approve the amendments to the current
SIP approved provision as they will lead to potential NOX
reductions from specific-sources.
3. Additional Amendments to Subchapter 19
    New Jersey adopted a number of other amendments since EPA last
approved amendments to Subchapter 19 (72 FR 41626, July 31, 2007).
Among other things, these amendments (1) Revised terms and definitions
that do not change the meaning or stringency of the provisions; (2)
revised section 19.2 to expand the list of the following applicable
source categories: Certain glass manufacturing furnaces, any municipal
solid waste incinerator, and any sewage sludge incinerator; (3) revised
section 19.3 to exclude owners/operators of HEDD units from using
alternative compliance options at section 19.3(f), beginning on May 1,
2015; and (4) deleted the entire provision at section 19.27 that
referred to New Jersey's now defunct Open Market Trading Program at
Subchapter 30 that was repealed in 2004.

4. Compliance Dates
    New Jersey amended Subchapter 19 by including new provisions and
amendments to previously approved SIP provisions that result in more
stringent NOX emission limitations that will lead to
additional reductions in NOX emissions from the affected
major stationary combustion sources.
    New Jersey uses the emission benefits from the new provisions and
amendments to Subchapter 19 in a variety of ways in the SIP. Some are
used to meet reasonable further progress goals, others as a contingency
measure should an area fail to attain the 1997 ozone standard, some to
support the ``weight of evidence'' arguments concerning attainment of
the 1997 ozone standard, and others that will be used to help to attain
the new 2008 ozone standard (currently under reconsideration) that New
Jersey anticipates will replace the 1997 ozone standard. In addition,
New Jersey was seeking to fulfill the section 182(b)(2) and section
172(c)(1) requirements for RACT as applied to both the 1997 and 2008
ozone standards in setting the emission standards and compliance due
dates.
    Emission reductions required by sections 182(b)(2) and 172(c)(1) of
the Act, used to fulfill in the 1997 ozone SIP, are required to be
achieved by May 2009. Sources with compliance periods that go beyond
May 2009 are used as contingency measures or towards meeting RACT for
the 2008 ozone standard. In determining a compliance date for a level
of control that can be considered RACT, the time necessary to make the
required modifications and the cost of modifications were taken into
consideration. For example, rebricking of a glass manufacturing
furnace, which usually accompanies new emission controls, is a
significant factor in evaluating both time and expenses necessary for
the project. Requiring a ``rebricking'' of a furnace before it is
physically necessary would constitute a significant additional cost
that could result in the new emission controls being considered
economically unreasonable.
    The compliance dates included in Subchapter 19's provisions are as
expeditious as practical considering the level of the required new
controls. Consistent with the Phase 2 Rule, any emission reduction used
in the 1997 ozone SIP is required to occur no later than the start of
the 2009 ozone season, which is the time by which a state must
demonstrate that it achieved the necessary emission reductions to meet
the June 15, 2010 attainment date for areas that are classified as a
moderate nonattainment area for the 8-hour ozone standard.
    Based on preliminary air quality data monitored for the 3-year
period from 2007-2009, the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE nonattainment area is eligible for a one year extension of its
attainment date to June 15, 2011 because of the clean air quality data
monitored for 2009. Similarly, the New York-N.New Jersey-Long Island,
NY-NJ-CT nonattainment area is eligible for a clean data determination
based on three years of clean data. In addition, consistent with EPA's
last approval of Subchapter 19 (see 72 FR 41626, July 31, 2007), EPA
continues to take no further action to approve or disapprove the
existing provisions for phased compliance by repowering and innovative
control technology at sections 19.21 and 19.23. These provisions still
include the compliance date of November 7, 2009, which is beyond the
November 15, 2007 attainment deadline for the NY-NJ-CT 1-hour ozone
standard. For this reason, as indicated in EPA's July 2007 approval of
Subchapter 19, New Jersey should delete the reference to the November
7, 2009 compliance date for these two phased compliance plans.
5. Other Comments
    As stated above, owners/operators of HEDD units subject to New
Jersey's short term strategy at section 19.29 may apply to the State
for approval of a phased compliance plan pursuant to section 19.22 that
allows for an additional year for compliance with the required
NOX reductions due to demonstrated impracticality. However,
at section 19.1, the definition of ``interim period'' allows a source
an additional two years instead of one year from May 19, 2009. As
discussed with the State, New Jersey should revise section 19.1 to make
it consistent with section 19.22.
6. NOX RACT
    EPA originally approved Subchapter 19 into the SIP on May 31, 1972.
37 FR 10842, 10880 and 40 CFR 52.1576. This rule was adopted because
the Clean Air Act requires states to submit to EPA a plan that provides
for implementation, maintenance and enforcement of a degree of nitrogen
oxide reduction that is necessary to achieve attainment with the NAAQS.
New Jersey developed, adopted and submitted to EPA, for approval into
the SIP, Subchapter 19, a plan for the application of reasonably
available control technology to reduce nitrogen oxide emissions from
stationary sources.
    Pursuant to 40 CFR 81.331, New Jersey-NO2 table, all
areas in New Jersey are classified as ``Cannot be classified or better
than national standards.''
    New Jersey submitted previous versions of Subchapter 19 as SIP
revisions which EPA approved as SIP revisions on January 27, 1997 (62
FR 3804), March 29, 1999 (64 FR 14832) and July 31, 2007 (72 FR 41626).
New Jersey also developed, adopted and submitted to EPA a
NOX Budget Trading Program and a Clean Air Interstate Rule
(CAIR) program which EPA approved as SIP revisions on May 22, 2001 (66
FR 28063) and October 1, 2007 (72 FR 55666), respectively. The current
submission provides new provisions and amendments that establish more
stringent RACT limits for stationary sources that emit NOX.
    Given the previously approved versions of Subchapter 19 and the
most recent version of Subchapter 19 that EPA is proposing to approve
in this action, EPA has determined that New Jersey has met the
requirement to adopt NOX RACT. Therefore, the 40 CFR 52.1576
finding relating to the New Jersey SIP not providing for NOX
RACT has been satisfied and this finding should be removed.

J. What Is EPA's Evaluation of New Jersey's Subchapter 21--``Emission
Statements?''

    This rule requires industrial facilities to report annually
detailed information on specified air pollutant emissions and process-
related data to New Jersey, if the facility emits or has the potential
to emit air pollutants above a specified emissions threshold. New
Jersey previously submitted Subchapter 21 (state effective date
February 18, 2003) as a SIP revision and EPA approved it on August 2,
2004 (69 FR 46106). In this action, EPA is acting on two revisions to
Subchapter 21, one adopted on October 30, 2008 with an operative date
of December 29, 2008 and the second adopted on March 20, 2009 with an
operative date of May 19, 2009.
    The October 30, 2008 revision incorporated changes to the
definition of volatile organic compounds (VOC) in section 21.1. The new
definition excludes tertiary butyl acetate or t-butyl acetate (TBAC)
from VOC emissions limitations or VOC content requirements, but
requires that TBAC be considered a VOC for purposes of recordkeeping,
emissions reporting, photochemical dispersion modeling and inventory
requirements. EPA evaluated New Jersey's revised VOC definition for
consistency with the Act, EPA regulations, and EPA policy. The revised
definition of VOC as used in the

above rules is consistent with EPA's definition in 40 CFR 51.100(s).
EPA is proposing to approve this revision.
    The March 20, 2009 version incorporates changes to sections 21.1
and 21.5 that require owners/operators of VOC stationary storage tanks
with floating roofs to provide additional emission information
concerning roof landing operations.
    EPA evaluated New Jersey's revisions for consistency with the Act,
EPA regulations, and EPA policy and proposes to approve them.

II. Conclusion

    Both Subchapters 16 and 19 contain provisions which require case-
by-case RACT determinations to be submitted as SIP revisions. These
case-by-case RACT determinations are needed to fulfill the RACT
requirement of section 182 of the Act. The State is in the process of
evaluating these determinations for approval and therefore has not yet
submitted them as SIP revisions. EPA would normally propose to
conditionally approve this SIP revision as meeting the RACT requirement
pending New Jersey's submission and EPA's approval of the case-by-case
RACT determinations. However, based on information provided by New
Jersey, the quantity of NOX and VOC emissions relevant to
these determinations is below 5 percent of the stationary source
baseline of emissions which is what EPA considers to be de minimis.
Therefore, pursuant to EPA guidance,\5\ EPA is proposing to approve
Subchapters 16 and 19. The remaining element needed to fulfill the VOC
RACT requirement is New Jersey's Subchapter 26, which New Jersey
submitted to EPA on April 9, 2009, as a SIP revision and which EPA is
currently reviewing.
---------------------------------------------------------------------------

    \5\ ``Approval Options for Generic RACT Rules Submitted to Meet
the non-CTG VOC RACT Requirement and Certain NOX RACT
Requirements,'' November 7, 1996.
---------------------------------------------------------------------------

    Therefore, EPA evaluated New Jersey's submittal for consistency
with the Act, EPA regulations and policy. The proposed new control
measures will strengthen the SIP by providing additional
NOX, SO2, fine particulate, and VOC emission
reductions. Accordingly, EPA is proposing to approve the revisions to
Subchapters 4, 10, 16, 19 and related revisions to Subchapter 21, as
adopted on March 20, 2009, except that EPA is continuing to not act,
for the reasons explained above in this rulemaking, on the phased
compliance plans by repowering and innovative control technology in
sections 19.21 and 19.23, respectively. In addition, EPA is proposing
to delete 40 CFR 52.1576, relating to a prior finding that
NOX RACT was not included in the New Jersey SIP.

III. Statutory and Executive Order Reviews

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: April 14, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-9463 Filed 4-22-10; 8:45 am]
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