[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Rules and Regulations]               
[Page 47477-47482]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ56-250a, FRL-7527-5]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is announcing approval of revisions to the State 
Implementation Plan (SIP) for ozone submitted by the State of New 
Jersey. These revisions consist of source-specific reasonably available 
control technology (RACT) determinations for controlling oxides of 
nitrogen (NOX) emissions from seven facilities in New 
Jersey.
    The EPA is also announcing that, for an eighth facility, New Jersey 
has revised a NOX RACT permit emission limit that EPA 
previously approved and EPA is incorporating the revised stricter limit 
into the State's SIP.
    This direct final rule approves the source-specific RACT 
determinations that were made by New Jersey in accordance with 
provisions of its regulation. The intended effect of this rulemaking is 
to approve source-specific emission limitations required by the Clean 
Air Act.

DATES: This direct final rule is effective on October 10, 2003 without 
further notice, unless EPA receives adverse comment by September 10, 
2003. If an adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Raymond Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region II Office, 290 
Broadway, New York, New York 10007-1866. Electronic comments could be 
sent either to Werner.Raymond@epa.gov or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. Go directly to http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. Please follow the on-line instructions for submitting 
comments.
    Copies of the State submittals are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866;
New Jersey Department of Environmental Protection, Office of Air 
Quality Management, Bureau of Air Pollution Control, 401 East State 
Street, CN027, Trenton, New Jersey 08625;
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102T), 1301 Constitution Avenue, NW., 
Washington, DC 20460.


FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Air Programs 
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New 
York, New York 10007-1866, (212) 637-4249 or at 
Gardella.Anthony@epa.gov.
SUPPLEMENTARY INFORMATION: The following table of contents describes 
the format for the SUPPLEMENTARY INFORMATION section:

I. What Action Is EPA Taking Today?
II. What Are EPA's Findings on Each State Submittal?
    A. Facility-Specific NOX Emission Limits
    B. Alternative NOX Emission Limits
    C. Phased Compliance Through Repowering
    D. Revised Permit for Facility-Specific NOX Emission 
Limits
III. What Are the Clean Air Act (CAA) Requirements for 
NOX RACT?
IV. What Are New Jersey's Regulatory NOX RACT 
Requirements?
    A. EPA Approval of New Jersey's NOX RACT Regulation
    B. Section 19.13--Facility-Specific NOX Emission 
Limits
    C. Section 19.21--Phased Compliance Through Repowering
V. What Is EPA's Analysis of Each State Submittal?
VI. What is the Procedural History of State Submittals?
VII. What is EPA's Conclusion?
VIII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

    EPA is approving revisions to New Jersey's ozone SIP submitted on 
January 21, 1998, June 12, 1998 and April 26, 1999. Seven specific 
sources are addressed in these SIP revisions. New Jersey revised and 
submitted these revisions in response to a Clean Air Act (CAA) 
requirement that States require Reasonably Available Control Technology 
(RACT) at all major stationary sources of NOX. The seven 
sources addressed are: American Ref-Fuel Company/Essex County Resource 
Recovery Facility; Co-Steel Corporation of Sayreville (formerly New 
Jersey Steel Corporation); Co-Steel Raritan Corporation; Homasote 
Company; Milford Power Limited Partnership; University of Medicine and 
Dentistry of Newark, and Roche Vitamins, Inc.
    Additionally, on February 21, 2001, in a letter to EPA, New Jersey 
indicated that with regard to the Township of Wayne, in accordance with 
a previously submitted and approved SIP revision the State had changed 
the permitted NOX limit to a more stringent limit. The 
previously approved SIP revision for this source indicated that the 
emission limits may be revised to reflect results from required stack 
testing. The permit required tests had been completed and New Jersey 
has established a new, more stringent emission limit based upon the 
results of these tests. This new limit is also being incorporated into 
the SIP.

II. What Are EPA's Findings of Each State Submittal?

    This action includes a summary of each RACT submittal. These 
summaries are organized into four groups as follows:

    A. ``Facility-Specific NOX Emission Limits'' for four 
major NOX facilities that contain a source operation or item 
of equipment for which New Jersey has not established an emission limit 
pursuant to Subchapter 19,
    B. ``Alternative NOX Emission Limits'' for two major 
NOX facilities that contain a source operation or item of 
equipment of a category listed in section 19.2 for which an owner or 
operator seeks approval of a RACT emission limit that is different from 
the one established in Subchapter 19,
    C. ``Phased Compliance Through Repowering'' for one major 
NOX facility for which an owner or operator seeks approval, 
pursuant to section 19.21, for a plan for phased compliance through 
repowering of a specific source, and

[[Page 47478]]

    D. ``Revised Facility-Specific NOX Emission Limits'' for 
one major NOX facility for which permit conditions are 
revised in accordance with a previously submitted and EPA approved 
source-specific SIP revision which allowed for revisions based on the 
results of compliance tests.

EPA is only acting on the permitted emission rates and conditions 
related to emissions of NOX. This action is not being taken 
on any other pollutants from these sources for which New Jersey may 
have taken permit actions.

A. Facility-Specific NOX Emission Limits

1. American Ref-Fuel Company
    The American Ref-Fuel Company owns and operates three mass burning 
water wall incinerators at the Essex County Resource Recovery Facility 
located at Newark, Essex County. The State's June 1998 SIP submittal is 
a revision to a May 1995 SIP revision for the same facility that was 
approved by EPA on January 17, 1997 (62 FR 2581). The EPA previously 
approved RACT controls at this facility that include Selective Non 
Catalytic Reduction (SNCR) technology with ammonia injection, based on 
a 1989 Best Available Control Technology (BACT) analysis. EPA's January 
1997 approval included a facility-specific NOX emission 
limit of 95 pounds per hour (lbs/hr) per unit, with a concentration 
limit of 174 parts per million (ppm), based on a three hour average. In 
the June 1998 SIP revision, the facility's RACT analysis concluded, and 
New Jersey agreed, that the new facility-specific NOX 
emission limit is 155 ppm, based on a twenty-four hour average, while 
maintaining the 95 lbs/hr/unit limit based on a three hour average.
2. Co-Steel Corporation of Sayreville (Formerly New Jersey Steel 
Corporation)
    Co-Steel Corporation owns and operates a mini steel mill, located 
at Sayreville, Middlesex County, that has the capability of producing 
800,000 tons per year (tpy) of steel billets. The facility includes an 
electric arc furnace (EAF) that melts and refines scrap steel in a 
continuous mode of operation, and a billet reheat furnace (BRF) that 
reheats steel billets for producing reinforcing bars for the 
construction industry. The facility's RACT analysis concluded, and New 
Jersey agreed, that there are no control technologies available to 
control NOX emissions from EAF's and the State established 
an emission limit based on engineering judgement. Subsequent to New 
Jersey's SIP submittal which EPA is acting on today, and based on 
actual stack emission testing, the State lowered the NOX 
emission limit from 168 tpy to 78.8 tpy.
    In addition, since February 2003, the State has been reviewing a 
new Prevention of Significant Deterioration (PSD) permit application 
for the EAF which may slightly increase the NOX emission 
limit above the current 78.8 tpy State limit. The 78.8 tpy limit has 
not been submitted as a SIP revision. CSS submitted this new PSD 
application because it plans to increase production at the EAF. The 
State hopes to complete, within approximately a year, its review and 
public notice and comment period.
    This SIP revision includes the original NOX emission 
limit of 168 tpy. On the effective date of this SIP approval it will 
become the federally enforceable NOX SIP limit. In order for 
the current State permit limit to become the federally enforceable 
NOX limit, or for any future State permit limit to become 
the federally enforceable NOX limit, it must be submitted 
and EPA must approve of it as a SIP revision.
    It should be noted that while any aspect of a State permit limit is 
federally enforceable because it is part of a permit which is issued 
under the federally approved State permit program, it is not the 
federally enforceable NOX SIP limit required to satisfy the 
SIP. A federally enforceable permit condition can be made more or less 
stringent in accordance with State permitting procedures. However once 
a permit condition is submitted and approved of as a SIP emission 
limit, in accordance with sections 110(l) and 116 \1\ of the CAA, it 
can not be made more or less stringent than the federally approved 
limit unless it is submitted and approved by EPA as a SIP revision, or 
unless the approved SIP establishes procedures which allow for making 
the limit more stringent.
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    \1\ Section 116 of the CAA establishes that the State may not 
adopt or enforce an emission limit which is less stringent than the 
limit in effect under an applicable SIP.
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    Furthermore, if the PSD permit limit revision is considered 
``major'' then the Title V permit must also be revised at the same time 
as the PSD revision. However, if the PSD permit limit revision is 
considered ``minor'' then the Title V permit revision may be revised at 
the next scheduled cycle.
    NOX emissions from the BRF are produced primarily from 
natural gas fired burners with oil as the backup fuel. The facility's 
RACT analysis concluded, and New Jersey agreed, that RACT is conversion 
of the existing four North American Manufacturing Twin Bed burners with 
low NOX burners and staged fuel injection. The new facility-
specific NOX emission limit is 169.5 tpy or 0.27 pounds per 
million BTU (lb/mmBTU) heat input, as verified by annual stack tests. 
Additionally, the State's Conditions of Approval include: (1) Annual 
adjustment of the combustion process according to Subchapter 19.16; and 
(2) use of natural gas as the primary fuel with Number 2 fuel oil as a 
standby fuel to be used only during natural gas curtailment and up to a 
maximum of 1000 hours of operation in any one calendar year.
3. Co-Steel Raritan Corporation
    Co-Steel Raritan Corporation owns and operates a mini steel mill, 
located at Perth Amboy, Middlesex County, that has the capability of 
producing 1,160,320 tpy of finished product. The facility includes an 
electric arc furnace with laddle metallurgy system (EAF/LMS) that melts 
and refines scrap steel in a batch mode of operation, and a billet 
reheat furnace (BRF) that reheats steel rods for producing finished 
product.
    The facility's RACT analysis concluded, and New Jersey agreed, that 
there are no technologies available to control NOX emissions 
from EAF's. The facility-specific NOX emission limit for the 
EAF/LMS is 94 tpy as verified by annual stack tests and was State 
effective on March 6, 1998. Additionally, the State Conditions of 
Approval include: (1) The maximum steel scrap feed rate to the EAF 
shall not exceed 148 tons per hour based on 24-hour daily production; 
and (2) operation of the EAF steel making process limited to 7840 hours 
in a year period.
    NOX emissions from the BRF are produced from natural gas 
fired burners. The facility's RACT analysis concluded, and New Jersey 
agreed, that RACT is conversion of the existing three North American 
Manufacturing burner zones with low NOX burners (LNB) and 
flue gas recirculation (FGR). The facility-specific NOX 
emission limit for the BRF is 80 tpy or 0.145 lb/mmBTU, as verified by 
annual stack tests. Additionally, the State Conditions of Approval 
include: (1) The burners in all three zones of the furnace are to be 
replaced with LNB and FGR; (2) annual adjustment of the combustion 
process according to Subchapter 19.16; (3) implementation of the 
proposed NOX plan by February 1, 2001; and (4) operation 
limited to using natural gas as fuel for the burners.
    Note that this source-specific SIP revision addresses what the 
State approved RACT is for the EAF as of March 6, 1998 and for the BRF 
as of

[[Page 47479]]

February 1, 2001, since these are the effective dates for the 
NOX RACT requirements for those sources in the State 
approved NOX Control Plan. Final EPA approval will make them 
federally enforceable.
4. Homasote Company
    Homasote owns and operates a fibre board manufacturing operation 
located at West Trenton, Mercer County. The facility includes a custom 
designed eight tier conveyor type natural gas dryer that replaced two 
oil or gas fired dryers that were dismantled. Replacement of the two 
dryers with the natural gas dryer is expected to reduce NOX 
emissions by nearly 67 tons annually. The facility's RACT analysis 
concluded, and New Jersey agreed, that the custom design of the natural 
gas dryer equipment makes the addition of the generally required 
control technologies infeasible. The facility-specific NOX 
emission limit is 0.10 lb/mmBTU, as verified by compliance stack tests. 
Additionally, the State's Conditions of Approval include: (1) Annual 
adjustment of the combustion process pursuant to Subchapter 19; (2) 
limitation of the amount of wet boards passing through the dryer to not 
more than 17,000 lb/hr; (3) limitation of the amount of natural gas 
used in the dryer to not more than 284 million cubic feet per year; and 
(4) limitation of the amount of propane used as secondary fuel in the 
dryer to not more than 310,000 gallons per year. Compliance with these 
additional conditions of approval in the State's SIP revision are to be 
documented by record keeping.

B. Alternative NOX Emission Limits

5. Milford Power Limited Partnership
    Milford Power operates a combined cycle cogeneration plant at the 
Crown Vantage Milford Mill in Milford Township, Hunterdon County. Steam 
and dry low NOX combustors are used to comply with 
Subchapter 19's NOX RACT emission limit during periods of 
normal operation, however steam is not available or cannot otherwise be 
used during start-up, shutdown and fuel transfer. The facility's RACT 
analysis concluded, and New Jersey agreed, that dry low NOX 
combustors without steam addition had been demonstrated to be RACT for 
the cogeneration plant during start-up, shutdown and fuel transfer 
periods. The alternative NOX emission limits are 0.34 lb/
mmBTU during periods of start-up and shutdown and 0.73 lb/mmBTU during 
fuel transfer periods. Additionally, the State's Conditions of Approval 
include: (1) Maximum number of start-ups and shutdowns shall not exceed 
75 events of each type per calendar year; (2) maximum number of fuel 
transfers shall not exceed 10 events per calendar year; and (3) the 
facility shall maintain records of all start-up, shutdown and fuel 
transfer events.
6. University of Medicine and Dentistry
    NOX emissions at the University of Medicine and 
Dentistry, located at Newark, Essex County, are from three cogeneration 
units and three non-utility boilers. The facility operates three 
identical cogeneration units that include Solar Centaur combustion 
turbines each with a supplementary fired duct burner to provide 
electricity and steam to its campus. The plant uses natural gas as the 
primary fuel and number 2 fuel oil as backup. The facility's RACT 
analysis determined, and New Jersey agreed, that increased water 
injection to the turbine has been determined to be RACT for the 
cogeneration units. The alternative NOX emission limit is 
0.167 lb/mmBTU, averaged over any calendar day using Continuous 
Emission Monitoring System (CEMs), when combusting natural gas. For 
combustion of number 2 fuel oil, New Jersey lowered the permitted 
NOX emission limit from 0.40 lb/mmBTU to 0.35 lb/mmBTU which 
is the presumptive limit established in Subchapter 19.
    The facility also operates three Cleaver Brooks non-utility boilers 
to provide steam to its Newark campus. The boilers only operate during 
periods of high demand (peaking units) or during periods of 
interruption of the three cogeneration units, which are the primary 
source of steam. The facility's RACT analysis concluded, and New Jersey 
agreed, that due to the low capacity factor and remaining useful life 
of only seven years, there are no technologies that are economically 
feasible to control NOX emissions from the three boilers. 
The alternative NOX emission limit is 0.55 lb/mmBTU when 
combusting either natural gas or number 6 fuel oil for each boiler. 
Additionally, the State's Conditions of Approval include: (1) Annually 
adjusting the combustion process pursuant to Subchapter 19; (2) stack 
testing in accordance with Subchapter 19 for determining compliance; 
(3) operating each boiler no more than 2920 hours in any calendar year; 
and (4) complying with Subchapter 19's NOX emission limit of 
0.28 lb/mmBTU by June 1, 2002 and thereafter, should the three non-
utility boilers continue to operate beyond May 31, 2002.

C. Phased Compliance Through Repowering

7. Roche Vitamins, Inc.
    Roche Vitamins, Inc. operates a powerhouse facility in Belvidere, 
Warren County, which includes the following: a packaged water tube 
steam boiler with a rated heat input of 84.4 mmBTU/hr (Boiler No. 1), 
and a cogeneration system consisting of one 21.5 Megawatt diesel 
reciprocating engine and a heat recovery steam generator (HRSG) 
equipped with a 179 mmBTU/hr duct burner (Boiler No. 6). Roche 
Vitamins, Inc. proposed a repowering plan in which it committed to 
replace Boiler No.1 and the cogeneration unit with a new cogeneration 
unit consisting of a new gas turbine and a new HRSG. New Jersey 
estimates that after repowering, NOX emissions from the 
facility will be reduced by nearly 2023 tons annually. The repowering 
plan as approved by the State requires the following: (1) The new 
cogeneration unit to comply with state of the art requirements; (2) the 
new cogeneration unit be installed in accordance with the milestones 
specified in a federally enforceable agreement; (3) the repowering be 
completed by May 1, 1999; (4) fuel restrictions apply to Boiler Nos. 1 
and 6 and to the diesel engine; (5) after May 1, 1999, Boiler No. 1 be 
used as an emergency unit, not to exceed 500 hours per calendar year; 
and (6) after May 1, 1999, the original cogeneration unit will no 
longer be operated.
    The repowering plan further requires that, during the interim 
period of May 1, 1995 and May 1, 1999, the NOX emission 
limits and other requirements for the boilers and cogeneration units 
are as follows: (1) For Boiler No. 1, 0.40 lb/mmBTU when firing natural 
gas, and 0.30 lb/mmBTU when firing a mixture of number 6 oil and 
lasalocid oil; (2) for the cogeneration facility (engine and HRSG), 582 
lb/hr when firing number 6 oil in the engine and natural gas in the 
duct burner; (3) for the engine only, 8.0 grams NOX per 
horsepower-hour; (4) for Boiler No. 6 (duct burner) only, 0.20 lb/
mmBTU; and (5) annual adjustment of the combustion process on Boilers 
No. 1 and 6.

D. Revised Permit for Facility-Specific NOX Emission Limits

8. Township of Wayne, Mountain View Water Pollution Control Facility
    The Township of Wayne, Mountain View Water Pollution Control 
Facility owns and operates two multiple hearth type sewage sludge 
incinerators which burn sewage sludge from its wastewater

[[Page 47480]]

treatment plant located in Wayne, Passaic County. On October 20, 1998, 
EPA approved (63 FR 55949) a December 1996 SIP revision for this same 
facility that included a RACT limitation and a State requirement to 
perform compliance testing which would confirm or establish a new 
facility-specific NOX emission limit. In a letter dated 
February 21, 2001, New Jersey informed EPA that, as a result of stack 
tests conducted in April 1998, the State, on December 21, 2000, revised 
the facility-specific NOX emission limit requirements 
previously approved by EPA. The maximum allowable NOX 
emission limit was revised from 12.0 lb/hr to 7.0 lb/hr per incinerator 
and the maximum allowable sludge feed rate was revised from 1.0 dry ton 
per hour to 0.8 dry ton per hour per incinerator. EPA is incorporating 
the revised permit condition into the SIP.
    Once a permit limit is submitted and approved of by EPA as a SIP 
emission limit, in accordance with sections 110(l) and 116 of the CAA, 
it can not be made less stringent than the federally approved limit 
unless it is submitted and approved as a SIP revision with the 
exception of cases where the approved SIP establishes procedures which 
allow for making the limit more stringent. The CAA is silent on whether 
a more stringent adjustment of a previously approved SIP limit must be 
submitted to EPA as a SIP revision. In the case of Township of Wayne, 
the Agency has accepted notification of a new limit rather than 
submission as a SIP revision because the previously approved SIP 
revision stated that the limit could be made more stringent as a 
consequence of required compliance test results. This Federal Register 
notice is the agency publication of the new NOX limit. The 
new limit will become the new federally enforceable NOX SIP 
limit upon the effective date of this Federal Register notice. At that 
point, it can not be made less stringent without submission of, and 
approval by EPA as, a SIP revision.

III. What Are the Clean Air Act Requirements for NOX RACT?

    The CAA required certain states to develop RACT regulations for 
major stationary sources of NOX and to provide for the 
implementation of the required measures as soon as practicable but no 
later than May 31, 1995. Under the CAA, the definition of major 
stationary source is based on the tons per year (tpy) air pollution a 
source emits and the quality of the air in the area of the source. In 
ozone transport regions, attainment/unclassified areas as well as 
marginal and moderate ozone nonattainment areas, a major stationary 
source for NOX is considered to be one which emits or has 
the potential to emit 100 tpy or more of NOX and is subject 
to the requirements of a moderate nonattainment area. New Jersey is 
within the Northeast Ozone Transport Region, established by section 
184(a) of the CAA, and has defined a major stationary source for 
NOX as a source which has the potential to emit 25 tpy, the 
level set for severe ozone nonattainment areas. For detailed 
information on the CAA requirements for NOX RACT see the 
Technical Support Document prepared for today's rulemaking action.

IV. What are New Jersey's Regulatory Requirements for NOX 
RACT?

A. EPA Approval of New Jersey's NOX RACT Regulation

    On November 15, 1993, New Jersey submitted to EPA, as a revision to 
the SIP, Subchapter 19 of Chapter 27, Title 7 of the New Jersey 
Administrative Code. Subchapter 19 is entitled ``Control and 
Prohibition of Air Pollution From Oxides of Nitrogen.'' This Subchapter 
provides the NOX RACT requirements for New Jersey and was 
effective on December 20, 1993. New Jersey submitted Subchapter 19 to 
EPA, as a revision to the SIP, on November 15, 1993 and on January 27, 
1997, the EPA final approval action on Subchapter 19 was published in 
the Federal Register (62 FR 3804).
    On March 24, 1995, New Jersey adopted amendments to Subchapter 19 
and submitted them to EPA for approval as a SIP revision on June 21, 
1996. On March 29, 1999, the EPA final approval action on the revised 
Subchapter 19 was published in the Federal Register (64 FR 14832).

B. Section 19.13--Facility-Specific NOX Emission Limits

    Section 19.3 of New Jersey's regulation establishes a procedure for 
a case-by-case determination of what represents RACT for a particular 
facility item, equipment or source operation. This procedure is 
applicable in two situations: (1) Except for non-utility boilers, if 
the major NOX facility contains any source operation or item 
of equipment of a category not listed in section 19.2 which has the 
potential to emit more than 10 tons of NOX per year, or (2) 
if the owner or operator of a source operation or item of equipment of 
a category listed in section 19.2 seeks approval of an alternative 
maximum allowable emission rate.
    New Jersey's procedure requires either submission of a 
NOX control plan if specific emission limitations do not 
apply to thespecific source, or submission of a request for an 
alternative maximum allowable emission rate if specific emission 
limitations do apply to the specific source. In either case, the 
owners/operators must include a technical and economic feasibility 
analysis of the possible alternative control measures. RACT 
determinations for an alternative maximum allowable emission rate must 
consider control technologies (e.g., low NOX burners) and 
alternative control strategies (e.g., emissions averaging, seasonal 
fuel switching to natural gas, and repowering). Also, in either case, 
Subchapter 19 requires that New Jersey establish emission limits which 
rely on a RACT determination specific to the facility. The resulting 
NOX control plan or alternate maximum allowable emission 
rate must be submitted to EPA for approval as a SIP revision.

C. Section 19.21--Phased Compliance Through Repowering

    Section 19.21 of New Jersey's regulation allows attainment of 
compliance through repowering. Under Subchapter 19, repowering is 
defined as the permanent cessation of steam generator operations 
replaced by either the installation of a new combustion source or the 
purchase of heat or power from a new combustion source located in New 
Jersey.
    Section 19.21 requires that a source owner who requests compliance 
through repowering: (1) Enter into an enforceable commitment with the 
State to repower; (2) submit an analysis that defines RACT for the 
interim period between May 31, 1995 and the date the unit will be 
repowered; (3) specify a date, which can be no later than May 31, 1999, 
by which the unit will be repowered; (4) include appropriate milestones 
for the repowering project; (5) meet applicable SIP and Federal 
requirements upon the repower date; and (6) ensure that the repowering 
commitment is federally enforceable.
    Section 19.21 also requires that a source establish emission limits 
using advanced control techniques and commit to meet these limits once 
the source is repowered. The maximum allowable NOX emissions 
rate, expressed in pounds per million BTUs, for repowered utility 
boilers ranges from 0.1 to 0.2 depending upon the type of boiler and 
the type of fuel. Section 19.21 allows repowering of all combustion 
sources.

V. What Is EPA's Analysis of Each State Submittal?

    After reviewing the submittals, EPA found them all administratively 
and

[[Page 47481]]

technically complete. For each source discussed in this rulemaking, EPA 
determined that the New Jersey letter of approval identifies 
NOX requirements which represent RACT for the source. The 
conditions contained in the Conditions Of Approval Documents (COADs) or 
revised permits include, for example, emission limits, work practice 
standards, and testing, monitoring, and record keeping/reporting 
requirements. These conditions are consistent with the NOX 
RACT requirements specified in Subchapter 19 and conform to EPA 
NOX RACT guidance. Please note there may be other 
requirements, such as adequate monitoring, which States and sources 
will need to provide for, through the Title V permitting process. 
Therefore, EPA is approving New Jersey's three source-specific SIP 
revision submittals, which include seven source-specific RACT 
determinations, dated January 21, 1998, June 12, 1998 and April 26, 
1999.
    In addition, for an eighth source-specific RACT determination, New 
Jersey has revised a NOX RACT permit emission limit that EPA 
previously approved and EPA is incorporating the revised stricter limit 
into the State's SIP. As explained previously in this rulemaking 
notice, in a February 21, 2001 letter, the State notified EPA that it 
lowered the limit in accordance with the approved SIP.
    EPA's evaluation of each RACT submittal is detailed in a document 
entitled ``Technical Support Document-NOX RACT Source-
Specific SIP Revisions-State of New Jersey.'' A copy of that document 
is available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document. EPA's summary of findings for each 
facility Is found in Section II of this Notice.

VI. What Is the Procedural History of State Submittals?

    Prior to adoption of the seven source-specific RACT revisions 
discussed in this rulemaking, New Jersey published proposed limitations 
for each source specific RACT determination in local newspapers and 
provided thirty (30) days for public comment and an opportunity to 
request a public hearing. New Jersey reviewed and responded to all 
comments. The State then determined that the proposed NOX 
control plans, alternative maximum allowable emission rates and 
repowering plan conform with the provisions of sections 19.13 or 19.21 
of New Jersey's regulation. These RACT determinations were made during 
1996, 1997 and 1998.
    After New Jersey made each determination it issued letters of 
approval to each owner. These letters included and incorporated a COAD 
or a revised permit. Each COAD or revised permit contains conditions 
consistent with Subchapter 19. These conditions are considered approved 
permit conditions which are fully enforceable by the State. Each COAD 
and revised permit is identified in the ``Incorporation by reference'' 
section at the end of this Notice.
    New Jersey submitted the seven source-specific SIP revisions to EPA 
on January 21, 1998, June 12, 1998 and April 26, 1999.

VII. What Is EPA's Conclusion?

    The EPA is approving the source-specific SIP revisions described 
above as RACT for the control of NOX emissions from the 
seven sources identified in the three source-specific SIP revisions and 
for an eighth source, is approving the stricter limit revised by the 
State in accordance with a SIP revision which EPA previously approved. 
Please note that if EPA receives an adverse comment on an amendment, 
paragraph, or a specific source addressed in this direct final rule and 
if the provision that relates to the adverse comment may be severed 
from the remainder of the rule, EPA may sever the provision and adopt 
as final those provisions of the rule that are not the subject of the 
adverse comment.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve these same seven source-
specific SIP revisions should adverse comments be filed. This final 
rule will be effective October 10, 2003 without further notice unless 
the Agency receive relevant adverse comments by September 10, 2003.
    If the EPA receives adverse comments, then EPA will publish a 
notice withdrawing the final rule or sever that portion of the final 
rule and informing the public that the rule did not take effect. All 
public comments received will then be addressed in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on the proposed rule. Parties interested in commenting 
on the proposed rule should do so at this time. If no such comments are 
received, the public is advised that this rule will be effective on 
October 10, 2003 and no further action will be taken on the proposed 
rule.

VIII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus

[[Page 47482]]

standards (VCS), EPA has no authority to disapprove a SIP submission 
for failure to use VCS. It would thus be inconsistent with applicable 
law for EPA, when it reviews a SIP submission, to use VCS in place of a 
SIP submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 804 exempts from section 801 the 
following types of rules: (1) Rules of particular applicability; (2) 
rules relating to agency management or personnel; and (3) rules of 
agency organization, procedure, or practice that do not substantially 
affect the rights or obligations of non-agency parties. 5 U.S.C. 
section 804(3). EPA is not required to submit a rule report regarding 
this action under section 801 because this is a rule of particular 
applicability.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 10, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: July 1, 2003.
Jane M. Kenny,
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.

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(73) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (73) Revisions to the State Implementation Plan submitted by the 
New Jersey Department of Environmental Protection on January 21, 1998, 
June 12, 1998 and April 26, 1999; and a letter which notified EPA of a 
revised permit limit submitted by the New Jersey Department of 
Environmental Protection on February 21, 2001.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or modified prevention 
of significant deterioration (PSD) permit:
    The following facilities have been issued COADs or modified PSD 
permit by New Jersey:
    (1) American Ref-Fuel Company/Essex County Resource Recovery 
Facility, Newark, Essex County, NJ PSD permit modification dated July 
29, 1997. Incorporation by reference includes only the NOX 
emission limits in section A.6 of the July 29, 1997 PSD permit.
    (2) Co-Steel Corporation's (formerly New Jersey Steel Corporation) 
electric arc furnace/melt shop and billet reheat furnace, Sayreville, 
Middlesex County, NJ COAD approval dated September 3, 1997.
    (3) Co-Steel Raritan Corporation's electric arc furnace/ladle 
metallurgy system and billet reheat furnace, Perth Amboy, Middlesex 
County, NJ COAD approval dated June 22, 1998.
    (4) Homasote Company's natural gas dryer (wet fibreboard mat 
dryer), West Trenton, Mercer County, NJ COAD approval dated October 19, 
1998.
    (5) Milford Power Limited Partnership's combined cycle cogeneration 
facility, Milford, Hunterdon County, NJ COAD approval dated August 21, 
1997.
    (6) University of Medicine and Dentistry of New Jersey cogeneration 
units and Cleaver Brooks non-utility boilers, Newark, Essex County, NJ 
COAD dated June 26, 1997.
    (7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1, 
Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration 
facility consists of one reciprocal engine (21.5 MW) and one heat 
recovery steam generator (HRSG) equipped with a duct burner (Boiler No. 
6).
    (8) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ permit 
revision dated December 21, 2000.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in three SIP revisions 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting 
Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief 
Bureau of Air Quality Engineering dated:
    (A) January 21, 1998 SIP revision for two sources;
    (B) June 12, 1998 SIP revision for one source;
    (C) April 26, 1999 SIP revision for four sources; and
    (D) February 21, 2001 for a revised permit limit for one source.
[FR Doc. 03-20424 Filed 8-8-03; 8:45 am]

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