Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 21197 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the special local 

regulation area shall contact the Captain 

of the Port Detroit or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the special local 

regulation area must comply with all 

directions given to them by the Captain 

of the Port or his on-scene 

representative. 

Dated: April 9, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2010–9499 Filed 4–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0990; FRL–9140–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Revisions to New Mexico 

Transportation Conformity Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the New Mexico State 

Implementation Plan (SIP) concerning 

the State transportation conformity 

rules. The plan revisions are intended to 

ensure consistency with amendments to 

the Federal Transportation Conformity 

Rule. These plan revisions meet 

statutory and regulatory requirements, 

and are consistent with EPA’s guidance. 

DATES: Written comments should be 

received on or before May 24, 2010. 

ADDRESSES: Please see the related direct 

final rule, which is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, for detailed instructions on 

how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document proposes to take action on 

SIP revisions pertaining to the State of 

New Mexico. We have published a 

direct final rule approving the State’s 

SIP revisions in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based upon 

this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Dated: April 9, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–9365 Filed 4–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• 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 

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21198 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 

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 (truchan.paul@epa.gov) 

concerning Subchapters 16 and 21, 

Anthony (Ted) Gardella 

(gardella.anthony@epa.gov) concerning 

Subchapter 19, and Kenneth Fradkin 

(fradkin.kenneth@epa.gov) concerning 

Subchapters 4 and 10, at the Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

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 stateadopted 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 stateadopted Subchapters 16 and 19, and the 

related amendments to Subchapter 21, 

are fully approvable as SIPstrengthening 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 

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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 facilityspecific 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 coalfired 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 coalfired 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 stateof-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. 

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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 

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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 FacilitySpecific 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 

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21202 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 

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 

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1HEDD units can include some stationary gas 

turbines and some boilers. 

2PJM 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. 

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’’. 

4Whenever EPA refers to section 19.3(f), the 

reader is referred to the discussion at section I.I.1 

Continued 

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. 

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). 

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

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21204 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 

of this rulemaking relating to sewage sludge 

incinerators. 

or unless otherwise specified in an 

enforceable agreement with New Jersey. 

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

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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 21205 

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, onspecification 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 caseby-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-bycase 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. 

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21206 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 

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 PhiladelphiaWilmington-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 JerseyLong 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 

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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 21207 

5 ‘‘Approval Options for Generic RACT Rules 

Submitted to Meet the non-CTG VOC RACT 

Requirement and Certain NOX RACT 

Requirements,’’ November 7, 1996. 

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. 

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] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Service 

42 CFR Part 416 

[CMS–3217–P] 

RIN 0938–AP93 

Medicare Program; Ambulatory 

Surgical Centers, Conditions for 

Coverage 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise one of the existing conditions for 

coverage (CfC) that ambulatory surgical 

centers (ASCs) must meet in order to 

participate in the Medicare program. 

The proposed revision would modify 

the current CfC for patient rights to 

include an exception that would allow 

an ASC to provide patients or the 

patients’ representative or surrogate 

with required patient rights information 

on the day of the procedure when the 

procedure must, to safeguard the health 

of the patient, be performed on the same 

day as the physician’s referral. In 

addition, we are proposing some other 

minor changes to the CfC for patient 

right requirements. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. EST on June 22, 2010. 

ADDRESSES: In commenting, please refer 

to file code CMS–3217–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

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