[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Rules and Regulations]
[Page 40752-40754]
[DOCID:fr16jy08-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0004; FRL-8576-6]

Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for a Specific
Source in the State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing
approval of a revision to the State Implementation Plan (SIP) for ozone
submitted by the State of New Jersey. The SIP revision consists of a
source-specific reasonably available control technology (RACT)
determination for controlling oxides of nitrogen (NOX ) from
stationary internal combustion engines operated by the Trigen-Trenton
Energy Co., L.P. This action approves the source-specific RACT
determination that was made by New Jersey in accordance with provisions
of its regulation to help meet the national ambient air quality
standard for ozone. The intended effect of this action is to approve
source-specific emission limitations required by the Clean Air Act.

DATES: Effective Date: This rule will become effective on August 15,
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2008-0004. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
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. This Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    EPA is approving a revision to the New Jersey Department of
Environmental Protection's (New Jersey's) ozone State Implementation
Plan (SIP) submitted on August 7, 2007. This SIP revision relates to
New Jersey's NOX RACT determination for the Trigen-Trenton
Energy Co. L.P. (Trigen) facility located in Trenton, Mercer County.
The facility contains two stationary reciprocating internal combustion
engines vented through a common stack. The reader is referred to the
proposed rulemaking on this action (March 6, 2008, 73 FR 12041) for
additional details.

II. What Comments Were Received and What Is EPA's Response?

    No comments were received.

III. Conclusion

    EPA has determined that New Jersey's SIP revision for New Jersey's
NOX RACT determination for Trigen's internal combustion
engines is consistent with New Jersey's RACT regulation and EPA's
guidance. EPA has determined that the NOX emission limits
identified in New Jersey's Conditions of Approval document represent
RACT for Trigen's internal combustion engines. More specifically, EPA
approves New Jersey's Conditions of Approval document which includes an
alternative emissions limit for Trigen's engines while operating on
dual fuel and low sulfur distillate oil. While burning dual fuel,
Trigen's engines will comply with the NOX RACT limit of 2.3
g/bhp-hr. Under conditions specified for burning low sulfur distillate
oil, emissions of NOX from the engines shall not exceed 12
g/bhp-hr. The use of low sulfur distillate oil is limited to 200 hours
per year per engine during startup, shutdown, injector cleanout, major
component break-in and during emergencies. Trigen is also limited to
using low sulfur distillate oil for only one engine at any time,
excluding times of natural gas curtailment or emergency. As a point of
clarification, EPA's approval of the alternative emission limit applies
only to Trigen's internal combustion engines and does not include
boilers as stated in the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 15, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 28, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. Section 52.1570 is amended by adding new paragraph (c)(85) to read
as follows:

Sec.  52.1570  Identification of plan.

* * * * *

    (c) * * *
    (85) Revisions to the New Jersey State Implementation Plan (SIP)
for ozone concerning the control of nitrogen oxides from Trigen-Trenton
Energy Co., L.P., dated August 7, 2007 submitted by the New Jersey
State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference:
    (A) a letter from Lisa P. Jackson, Commissioner, New Jersey
Department of Environmental Protection, addressed to Alan J. Steinberg,
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled
``Conditions of Approval, Alternative Maximum Emission Rate for
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved
January 11, 2007.
* * * * *
[FR Doc. E8-16122 Filed 7-15-08; 8:45 am]

BILLING CODE 6560-50-P


Katarzyna Kordas<EMAIL_ADDRESS> 02/29/2008 09:57 AM

To

Jee-Young Kim/RTP/USEPA/US@EPA

cc

Subject

Your request for lead data

Hi Dr. Kim,

Rick Canfield forwarded your request for data from the Kordas et al. (2006)

article.  The lead levels were as follows:

Among children with PbB<12 ug/dL, the mean was 7.9 +/- 2.2 ug/dL, n=377.

Among children with PbB>=12 ug/dL, the mean was 17.6 +/- 5.9 ug/dL, n=212

I hope this is helpful.  Please let me know if you require any other

information.

Best,

Kasia Kordas

--

Assistant Professor

Nutritional Sciences

5C Henderson Building

Pennsylvania State University

University Park, PA 16802

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Proposed Rules]
[Page 66722-66723]
[DOCID:fr16no06-32]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2006-0878; FRL-8242-5]

Adequacy of Nebraska Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve Nebraska's Research, Development
and Demonstration (RD&D) permit program and updates to the approved
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22,
2004, the EPA issued final regulations allowing RD&D permits to be
issued to certain municipal solid waste landfills by approved states.
On September 27, 2006, Nebraska submitted an application to the EPA
seeking Federal approval of its RD&D requirements and to update Federal
approval of its MSWLP program.

DATES: Comments on this proposed action must be received in writing by
December 18, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2006-0878 by one of the following methods:
    1. http://www.regulations.gov : Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7,
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Chilton
McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901
North 5th Street, Kansas City, Kansas 66101. 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 to 4:30, excluding legal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at<PHONE_NUMBER>,
or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving Nebraska's Research, Development and
Demonstration permit program and updates to the approved Municipal
Solid Waste Landfill Permit (MSWLP) program as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial action and anticipates no relevant adverse comments to
this action. If no relevant adverse comments are received in response
to this action, no further activity is contemplated in relation to this
action. If EPA receives relevant adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed action. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment. For additional information, see the direct final rule
which is located in the rules section of this Federal Register.

    Dated: November 6, 2006.
John B. Askew,
Regional Administrator, Region 7.
 [FR Doc. E6-19387 Filed 11-15-06; 8:45 am]

BILLING CODE 6560-50-P