This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11812 

Vol. 72, No. 49 

Wednesday, March 14, 2007 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2006–0162; 

FRL–8287–4] 

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) for ozone to incorporate stateadopted amendments to Subchapter 19 

‘‘Control and Prohibition of Air 

Pollution from Oxides of Nitrogen’’ and 

related amendments to Subchapter 16 

‘‘Control and Prohibition of Air 

Pollution by Volatile Organic 

Compounds.’’ The amendments relate to 

the control of oxides of nitrogen (NOX) 

emissions from stationary industrial 

sources. This SIP revision consists of 

control measures needed to meet the 

shortfall in emission reductions in New 

Jersey’s 1-hour ozone attainment 

demonstration SIP as identified by EPA. 

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 required by 

the Clean Air Act (the Act). 

DATES: Comments must be received on 

or before April 13, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2006–0162, by one of the 

following methods: 

• 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, U.S. Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, U.S. 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Hand 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–2006– 

0162. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through 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. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

gardella.anthony@epa.gov at the Air 

Programs Branch, U.S. Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–4249, fax number (212) 637– 

3901. 

Copies of the New Jersey submittals 

are available at the following addresses 

for inspection during normal business 

hours: 

Air Programs Branch, U.S. 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 

New Jersey Department of 

Environmental Protection, Office of 

Energy, Bureau of Air Quality Planning, 

401 East State Street, CN027, Trenton, 

New Jersey 08625. 

SUPPLEMENTARY INFORMATION: For 

detailed information on New Jersey’s 

SIP revisions see the Technical Support 

Document (TSD), prepared in support of 

today’s proposed action. A copy of the 

TSD is available upon request from the 

EPA Regional Office listed in the 

ADDRESSES section or it can be viewed 

at www.regulations.gov. 

The following table of contents 

describes the format for this notice: 

I. EPA’s Proposed Action 

A. What Action Is EPA Proposing Today? 

B. Why Is EPA Proposing This Action? 

C. What Are the Clean Air Act 

Requirements for NOX RACT? 

D. What Were the Clean Air Act 

Requirements for Attainment of the 1- 

Hour Ozone Standard? 

E. When Was New Jersey’s Additional NOX

RACT Requirement Proposed and 

Adopted? 

F. What Is EPA’s Evaluation of New 

Jersey’s Submittal? 

II. Conclusion 

III. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

A. What Action Is EPA Proposing 

Today? 

EPA proposes to act on a New Jersey 

submission that includes a new rule and 

amendments to Subchapter 19 ‘‘Control 

and Prohibition of Air Pollution from 

Oxides of Nitrogen’’; Subchapter 16 

‘‘Control and Prohibition of Air 

Pollution by Volatile Organic 

Compounds’’; Subchapter 8 ‘‘Permits 

and Certificates for Minor Facilities (and 

Major Facilities Without an Operating 

Permit)’’; and Subchapter 22 ‘‘Operating 

Permits.’’ 

Except for certain Open Market 

Emissions Trading (OMET) Program 

provisions in Subchapters 8, 16, and 19, 


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and compliance dates beyond November 

15, 2007 for repowering and innovative 

control technology, as discussed later in 

this notice, EPA proposes to approve, as 

revisions to the New Jersey ozone SIP, 

the state-adopted amendments to 

Subchapter 19 and Subchapter 16, each 

adopted by New Jersey on September 8, 

2005, and submitted to EPA on 

December 16, 2005. EPA is currently 

reviewing past amendments to 

Subchapter 8 and will address the 

approvability of all Subchapter 8 

amendments at the same time in a 

future action. Subchapter 22 is New 

Jersey’s operating permit rule that was 

separately approved under title V of the 

Clean Air Act and therefore Subchapter 

22 should not have been submitted as a 

SIP revision. EPA has reviewed the new 

amendments to Subchapter 22 and will 

formally respond to New Jersey with a 

letter. 

New Jersey amended Subchapter 19 to 

reduce additional emissions of NOX in 

response to emission reduction 

shortfalls, identified by EPA (64 FR 

70380, December 16, 1999), for 

attainment of New Jersey’s 1-hour ozone 

standard. New Jersey amended 

Subchapter 16 to be consistent with 

amendments to Subchapter 19. Except 

for certain provisions discussed later in 

this notice, EPA proposes that New 

Jersey’s state-adopted Subchapters 16 

and 19 are fully approvable as a SIPstrengthening measure for New Jersey’s 

ground level ozone SIP. The 

amendments to Subchapters 16 and 19 

in New Jersey’s submittal meet New 

Jersey’s commitment by adopting 

control measures for additional 

emission reductions to attain the 1-hour 

ozone standard and close the shortfall. 

Therefore, EPA will not proceed with 

the May 27, 2004 (69 FR 30249) 

proposed Finding of Failure to 

Implement. 

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 a control measure which 

reduces NOX emissions, a precursor of 

ozone formation, to help attain the 

national ambient air quality standards 

for ozone; 

• Fulfill New Jersey’s and EPA’s 

requirement under the Act; and 

• Make New Jersey’s regulations for 

additional emission reductions federally 

enforceable and available for emission 

reduction credit in the SIP. 

C. What Are the Clean Air Act 

Requirements for NOX RACT? 

The Act requires certain states to 

develop reasonably available control 

technology (RACT) regulations for major 

stationary sources of NOX and to 

provide for their implementation as 

soon as practicable but, under the 1- 

hour ozone standard, no later than May 

31, 1995. New Jersey amended 

Subchapter 19, the State’s NOX RACT 

regulation, to achieve the needed 

additional NOX reductions. Under the 

Act, the definition of major stationary 

source is based on the tons per year 

(tpy) of air pollution a source emits and 

the quality of the air in the area in 

which the source is located. In ozone 

transport regions, defined as attainment/ 

unclassified areas as well as marginal 

and moderate ozone nonattainment 

areas, if a major stationary source of 

NOX emits or has the potential to emit 

100 tpy or more of NOX, it 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 Act. In New Jersey, pursuant to 

§ 19.1 of Subchapter 19, a major 

stationary source for NOX emits or has 

the potential to emit 25 tpy, the level set 

for severe ozone nonattainment areas. 

Consequently, under the 1-hour ozone 

standard, all sources of NOX that emit 

or have the potential to emit 25 tpy 

within New Jersey were required to 

implement RACT no later than May 31, 

1995. 

In July 1997, EPA promulgated a 

revised national ambient air quality 

standard for ozone of 0.08 parts per 

million (ppm). The standard was based 

on a three-year average of the annual 

fourth-highest daily maximum 8-hour 

average ozone concentrations measured 

at each monitor within an area. On 

April 30, 2004 (69 FR 23857), EPA 

established air quality designations and 

classifications for every area in the 

United States, including New Jersey, for 

the 8-hour ozone standard. In the April 

2004 rule, EPA designated the entire 

state of New Jersey as nonattainment 

and classified New Jersey as a Subpart 

2/moderate area, effective June 15, 2004. 

The April 2004 rule also provided that 

one year from the effective date of an 

area’s 8-hour ozone standard 

designation, the 1-hour ozone standard 

would no longer apply (i.e., would be 

revoked) for that area. In December 

2006, the United States Court of 

Appeals for the District of Columbia 

Circuit vacated the April 2004 rule. S. 

Coast Air Quality Management Dist. v. 

EPA, 2006 U.S. App. LEXIS 31451. The 

case is still in litigation, thus its 

resolution is unclear. Nonetheless, on 

February 4, 2002 (67 FR 5152), EPA 

approved New Jersey’s commitment to 

adopt NOX emission reductions by 

November 15, 2007 in order to close 

emissions shortfalls and attain the 1- 

hour ozone standard. 

D. What Were the Clean Air Act 

Requirements for Attainment of the 1- 

Hour Ozone Standard? 

Section 182 of the Act requires states 

to submit SIP revisions for areas 

classified as nonattainment for ozone 

and provides dates when the revisions 

are to be submitted to EPA by the states. 

The specific requirements vary 

depending upon the severity of the 

ozone problem. EPA classified the New 

York-Northern New Jersey-Long Island 

area and the Philadelphia-WilmingtonTrenton area severe nonattainment areas 

(NAA) under the 1-hour ozone standard. 

Under section 182 of the Act, severe 

ozone nonattainment areas were 

required to submit demonstrations of 

how they would attain the 1-hour ozone 

standard. As noted above, on February 

4, 2002 (67 FR 5152), EPA approved 

New Jersey’s 1-hour ozone attainment 

demonstration, which included New 

Jersey’s commitment to adopt additional 

volatile organic compound (VOC) and 

NOX emission reductions to close the 

emissions shortfall. 

This proposal addresses the NOX

reductions to which New Jersey 

committed. For the New York-Northern 

New Jersey-Long Island NAA, the 

deadline for attainment of the 1-hour 

ozone standard is November 15, 2007. 

According to ambient air quality data 

collected since 2005, the PhiladelphiaWilmington-Trenton NAA is in 

attainment for the 1-hour ozone 

standard. Although ambient air quality 

monitors demonstrate attainment for the 

1-hour ozone standard, the 

Philadelphia-Wilmington-Trenton NAA 

has never been reclassified to 

attainment. As stated above, EPA has 

promulgated the 8-hour ozone standard, 

which, dependant upon the litigation 

mentioned above, may supersede the 1- 

hour ozone standard from the effective 

date of the 8-hour ozone designation. If 

the 1-hour ozone standard is considered 

to be revoked, the New York-Northern 

New Jersey-Long Island NAA is no 

longer required to attain the 1-hour 

ozone standard by November 15, 2007. 

In any event, New Jersey is still required 

to meet its commitment to reduce 

additional NOX emissions to close the 

emissions shortfall by November 15, 

2007. The emission reductions provided 

by control measures in the amendments 

to Subchapter 19 will also be necessary 


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for attainment of the 8-hour ozone 

standard. 

The Ozone Transport Commission 

(OTC) developed model rules for 

potential control measures for achieving 

NOX reductions for a number of source 

categories and estimated the potential 

emission reduction benefits from 

implementing the model rules. The 

model rules were designed for use by 

states in developing their own 

regulations to close emission shortfalls. 

New Jersey used the OTC model rules 

for NOX reductions as the basis for the 

submission upon which EPA is now 

acting. 

E. When Was New Jersey’s NOX RACT 

Requirement Proposed and Adopted? 

New Jersey proposed NOX RACT rules 

and related requirements on September 

20, 2004, accepted written comments on 

them until November 19, 2004, and held 

public hearings on them on October 28, 

2004. New Jersey adopted the amended 

NOX RACT and related requirements on 

September 8, 2005, and submitted them 

to EPA for approval as revisions to the 

SIP on December 16, 2005. On January 

25, 2006, EPA determined the submittal 

to be administratively and technically 

complete. 

F. What Is EPA’s Evaluation of New 

Jersey’s Submittal? 

New Jersey previously submitted SIP 

revisions to Subchapter 19 to address 

the NOX RACT requirements, which 

EPA approved as SIP revisions on 

January 27, 1997 (62 FR 3806) and 

March 29, 1999 (64 FR 14832). New 

Jersey also developed a NOX Budget 

Trading Program (Subchapter 31), 

which EPA approved on May 22, 2001 

(66 FR 28063). The current submission 

provides amendments that establish 

more stringent RACT limits for facilities 

that emit NOX. The following is a 

summary of EPA’s evaluation of New 

Jersey’s December 16, 2005 SIP 

submittal consisting of amendments to 

Subchapters 16 and 19. 

1. Subchapter 19 

New Jersey revised Subchapter 19 to 

require owners and operators to 

implement the following new 

requirements: 

Stationary reciprocating engines. The 

amended Subchapter 19, which has a 

compliance date of March 7, 2007, 

lowers the presumptive NOX emission 

limits and lowers the applicability 

threshold for existing stationary 

reciprocating engines (REs) used for 

generating electricity. These 

amendments apply regardless of 

whether the source is located at a 

facility classified as major for NOX. The 

previous rule that was approved into the 

SIP applied to any engine source 

category capable of producing an output 

of more than 500 brake horsepower 

(bhp) (370 kilowatts (kW)). The new 

NOX emission limits apply to the 

following: (1) An engine that has a rated 

power output of 148 kW (about 200 bhp) 

or greater; and (2) a group of two or 

more engines each of which has a rated 

power output of 37 kW (about 50 bhp) 

or greater, but less than 148 kW, and 

whose total combined power output is 

148 kW or greater; and (3) an engine 

capable of producing an output of 370 

kW (500 bhp) or greater. 

The new NOX emission limits for 

these three categories of engines, 

expressed as grams NOX per bhp-hour 

(g/bhp-hr), range from 1.5 to 2.3 

depending upon the type of engine and 

the fuel combusted, and will result in 

additional NOX reductions ranging from 

zero percent to 71 percent. The rule 

provides that lean-burn engines that 

combust gaseous fuels must meet either 

a NOX emission limit of 1.5 g/bhp-hr or 

an emission limit equivalent to an 80 

percent reduction from the uncontrolled 

NOX emission level. The rule also 

includes NOX emission limits for the 

following two new source categories: (1) 

Rich-burn engines that combust liquid 

fuel and (2) lean-burn engines capable 

of combusting dual (gas and liquid) 

fuels. 

New Jersey also amended Subchapter 

19 to apply to engines with a maximum 

rated power output of 37 kW or greater 

that are new or modified on or after 

March 7, 2007. New engines must meet 

a NOX emission limit of 0.90 g/bhp-hr; 

modified engines are to meet the same 

NOX emission limit as new engines or 

an emission limit that is equivalent to 

a 90 percent NOX reduction from the 

uncontrolled emission level. 

Pursuant to § 19.3(f) of Subchapter 19, 

owners or operators of the category of 

engines mentioned above may comply 

by meeting the new presumptive NOX

emission limits or by one of the 

following existing options: (1) An 

emissions averaging plan pursuant to 

§§ 19.6 and 19.14; (2) an alternative 

maximum allowable emission limit 

pursuant to § 19.13; (3) a plan for 

phased compliance through the use of 

repowering pursuant to § 19.21; or (4) a 

plan for phased compliance through the 

use of innovative control technology 

pursuant to § 19.23. In accordance with 

the phased compliance plan option, 

owners or operators planning to comply 

with a phased compliance plan must 

fully implement the plan by November 

7, 2009 and have begun to comply with 

interim control measures and other 

requirements by March 7, 2007. 

Pursuant to § 19.20 of Subchapter 19, 

New Jersey must approve of any phased 

compliance plan. Applications to 

implement the phased compliance plans 

were due to New Jersey by February 7, 

2006. 

Each of the compliance options listed 

above are addressed below. First, any 

emissions averaging plan must be 

approved by New Jersey, however EPA 

approval is not required since the 

emissions averaging procedures of 

Subchapter 19.6 have already been 

approved by EPA into the New Jersey 

SIP. Second, any alternative maximum 

allowable emission limit must be 

approved by New Jersey and submitted 

for EPA approval as a SIP revision as 

provided in § 19.13. 

Finally, the phased compliance plan 

options in §§ 19.21 and 19.23 would 

allow sources to comply with the NOX

RACT requirements in 2009 which is 

beyond the November 15, 2007 

attainment deadline for the New YorkNorthern New Jersey-Long Island NAA. 

Sources that implement these phased 

compliance plan options in 2009 would 

not help the New York-Northern New 

Jersey-Long Island NAA achieve the 

NOX reductions needed for attainment 

of the 1-hour ozone standard by the 

November 15, 2007 attainment date. For 

this reason, the new amended 2009 

compliance date for phased compliance 

plan options is not acceptable to EPA. 

If the amendments to the phased 

compliance plan options had a 

compliance date prior to the start of the 

2007 ozone season this would be 

acceptable to EPA. 

It should be noted that New Jersey 

received no applications for phased 

compliance plan options before New 

Jersey’s application deadline of 

February 7, 2006. Therefore, the new 

amendments to the phased compliance 

plan options at §§ 19.21 and 19.23 have 

no practical effect. Accordingly, EPA is 

not proposing to approve or disapprove 

these sections into the SIP. For the 

reasons stated above, EPA further 

recommends that New Jersey delete the 

new amendments to §§ 19.21 and 19.23 

from Subchapter 19. These comments 

also apply to new amendments to 

Subchapter 19 that established phased 

compliance plan options for owners or 

operators of stationary combustion 

turbines and owners or operators of 

industrial/commercial/institutional 

boilers and other indirect heat 

exchangers. 

Pursuant to § 19.8(f), effective either 

in 2005 or 2007, depending on the 

engine size, owners and operators of 

engines used for generating electricity, 

whether or not the engine is located at 

a major NOX facility or, having a 


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maximum rated output of at least 37 kW 

or greater, shall adjust the engine’s 

combustion process in accordance with 

the procedures specified in Subchapter 

19. While combustion process 

adjustment is expected to reduce 

emissions of NOX, New Jersey has 

indicated that it is not depending upon 

these reductions to meet the emissions 

shortfall. 

Stationary combustion turbines. New 

Jersey amended Subchapter 19 by 

lowering the presumptive NOX emission 

limits and by lowering the applicability 

threshold for existing stationary 

combustion turbines. The amendments 

provide that, effective March 7, 2007, 

the maximum gross heat input rate 

applicability threshold for stationary 

combustion turbines is 25 MM BTU/hr 

instead of 30 MM BTU/hr, as was the 

case in the previous State rule. Also, 

New Jersey changed the NOX emission 

limits from heat input based limits 

(pounds per MM BTU (Lb/MM BTU)) to 

production output based limits (pounds 

per megawatt-hour (Lb/MWh)). Output 

based limits encourage sources to 

improve plant operating efficiency and 

pollution prevention, such as clean 

energy supply, which result in reduced 

fuel consumption and reduce emissions 

of pollutants, including NOX. The new 

NOX emission limits for stationary 

combustion turbines are in Table 4 of 

Subchapter 19. For oil fired turbines, 

the new output based NOX limits are 

more stringent, by about 25 percent, 

than the previous input based NOX

limits. For gas fired turbines, the new 

NOX emission limits are as stringent as 

the previous NOX emission limits. One 

exception is that owners or operators of 

NOX budget sources, regulated under 

Subchapter 31, shall continue to be 

subject to the current SIP-approved NOX

emission limits provided in Tables 2 

and 3 of Subchapter 19. 

Pursuant to § 19.5(d), owners or 

operators of stationary combustion 

turbines, with a maximum gross heat 

input rate of at least 25 MM BTU/hr, 

have the option of complying with any 

one of the following: (1) The new 

presumptive output based NOX

emission limits provided in Table 4 of 

Subchapter 19; (2) the alternative 

compliance options, in § 19.3(f) of 

Subchapter 19, as described above, for 

stationary reciprocating engines; and (3) 

a SIP-approved compliance option 

pursuant to § 19.5(c) of Subchapter 19, 

which requires the owner or operator to 

obtain New Jersey’s approval of its 

application demonstrating an 

insufficient supply of water to the 

turbine suitable for NOX emission 

control and to establish that no 

commercially available dry-low NOX

combustor suitable for use in the 

specific turbine. It should be noted that 

EPA believes that the reference in 

§ 19.5(d) to ‘‘(c)1 through 5 below’’ is a 

typographical error. EPA believes that 

the reference should read ‘‘(c)1 through 

5 above,’’ and that New Jersey should 

correct the error accordingly. 

New Jersey also amended Subchapter 

19 to require an owner or operator of a 

turbine, with a maximum gross heat 

input rate of at least 25 MM BTU/hr, to 

adjust the turbine’s combustion process 

in accordance with the procedures 

specified in Subchapter 19, starting in 

either 2005 or 2007, depending upon 

the turbine’s heat input rate. 

Industrial/commercial/institutional 

boilers and other indirect heat 

exchangers. New Jersey amended 

Subchapter 19 by lowering certain 

presumptive NOX emission limits and 

by lowering the applicability threshold 

for annual combustion process 

adjustments for industrial/commercial/ 

institutional (ICI) boilers and other 

indirect heat exchangers (IHE). The 

amendments provide that, effective 

March 7, 2007, the NOX emission limits 

for natural gas fired ICI boilers or other 

IHEs that have a maximum gross heat 

input rate of at least 100 MM BTU/hr is 

lowered to 0.10 lb NOX/MM BTU from 

0.20 lb NOX/MM BTU and 0.43 lb NOX/ 

MM BTU. The change represents a 

reduction in NOX emissions ranging 

from 50 percent to almost 77 percent, 

depending upon whether the firing 

method type is tangential, face or 

cyclone. New Jersey did not revise the 

NOX emission limits for other size or 

type ICI boilers or other IHEs. The new 

NOX emission limits for ICI boilers and 

other IHEs are in provided Table 7 of 

Subchapter 19. 

As with owners and operators of 

stationary combustion turbines and 

stationary reciprocating engines, owners 

and operators of ICI boilers and other 

IHEs have the option of complying with 

either the new presumptive NOX

emission limits or the alternative 

compliance options, pursuant to 

§ 19.3(f) of Subchapter 19, as described 

above for stationary reciprocating 

engines. 

New Jersey also amended Subchapter 

19 by lowering the applicability 

threshold of 20 MM BTU/hr heat input 

rate for sources required to annually 

adjust their combustion process. The 

amendments provide that, effective 

March 7, 2007, the applicability 

threshold for such sources is 5 MM 

BTU/hr maximum gross heat input rate. 

This threshold applies regardless of 

whether the source is located at a 

facility classified as major for NOX. 

Effective in either 2007, 2008, or 2010, 

depending upon the source’s heat input 

rate, owners or operators of such 

sources are required to adjust the 

combustion process in accordance with 

the procedures specified in Subchapter 

19. 

Emergency generators. New Jersey 

amended Subchapter 19 by adding a 

new provision, § 19.11, which requires 

owners and operators of emergency 

generators with a maximum rated 

output of 37 kW, to maintain detailed 

and specific records on site for five 

years whenever an emergency generator 

has been in use. In addition, New Jersey 

amended § 19.2(d) by deleting the 

following two conditions for an 

emergency generator exemption from 

Subchapter 19: (1) 500 hours operating 

restriction over any consecutive twelve 

month period; and (2) potential to emit 

(PTE) of less than 25 tpy NOX emissions 

during an annual period of operation. 

EPA has determined that New Jersey’s 

additional amendments to § 19.2(d), and 

to the definition of emergency 

generators in § 19.1, clarify when 

emergency generators shall and shall 

not be used. These amendments 

combined with the new recordkeeping 

provisions in § 19.11 provide New 

Jersey and EPA with information for any 

enforcement action, if needed. 

During the public comment period, a 

citizen commented that the removal of 

the 500 hour emergency operation time 

limit made the PTE analysis and netting 

analysis for a source ambiguous. EPA’s 

September 1995 guidance entitled, 

‘‘Calculating Potential to Emit (PTE) for 

Emergency Generators,’’ establishes the 

criteria for determining a source’s PTE 

and recommends 500 hours as an 

appropriate default assumption for 

estimating the number of hours an 

emergency generator could be expected 

to operate under worst-case conditions. 

EPA’s PTE guidance for emergency 

generators also states that alternative 

estimates can be made on a case-by-case 

basis where justified by the source 

owner or permitting authority. 

New Jersey deleted the 500 hour 

operating restriction for emergency 

generators from Subchapter 19 because 

it believed that ‘‘hours of operation’’ is 

not an appropriate criteria for defining 

an emergency generator. In a 

communication to EPA, New Jersey 

interpreted the EPA proposed rule 

‘‘Standards of Performance for 

Stationary Compression Ignition 

Internal Combustion Engines’’ (70 FR 

39869, July 11, 2005), as further 

justification for deletion of the 500 hour 

restriction. In a February 14, 2006 letter 

to New Jersey, EPA responded that New 

Jersey misinterpreted EPA’s July 2005 

proposed rule and that ‘‘for purposes of 


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the NSR and title V programs New 

Jersey should continue as they have and 

permit emergency units at some amount 

of operation sufficiently large to cover 

emergencies (i.e., 500 hours per year). 

Malfunctions that may require the 

operation of the emergency units and 

that may exceed the 500 hours/year 

limit could be handled through 

enforcement discretion on a case-bycase basis, as appropriate.’’ Therefore, 

PTE requirements for emergency 

generators should be included in New 

Jersey’s operating permit regulations, 

i.e., Subchapters 8 and 22, and should 

include the provisions that were deleted 

from the current SIP approved 

Subchapter 19, i.e., (1) the 500 hour 

annual operational restriction, or some 

other appropriate operating period in 

accordance with EPA’s September 1995 

guidance, and (2) the exemption for 

sources with a PTE of less than 25 tpy 

NOX. 

While EPA proposes to approve the 

new emergency generator provisions, for 

rule consistency, EPA believes it 

appropriate, although not required, that 

New Jersey revise the currently adopted 

Subchapter 19 to also include the 

emergency generator restrictions 

identified in the current SIP-approved 

Subchapter 19. EPA would consider 

new language within Subchapter 19 that 

would allow owners and operators to 

operate emergency generators without 

restriction to operating hours for special 

situations such as when the governor of 

New Jersey declared an emergency 

because of an unprecedented and 

unexpectedly long blackout or a force 

majeure event (like a severe hurricane). 

Open Market Emissions Trading 

(OMET) Program. In July 1996, New 

Jersey adopted amendments to 

Subchapter 19 for consistency with the 

state-adopted Subchapter 30, called the 

OMET Program. The OMET Program, 

and amendments to Subchapter 19, 

permitted a source regulated under 

Subchapter 19 to meet its NOX RACT 

emission requirements by purchasing 

discrete emission reduction credits 

(DERs). The DERs were generated by a 

source that reduced NOX emissions 

beyond its regulatory requirements. EPA 

and New Jersey identified a number of 

problems with the OMET Program. EPA 

withdrew its proposed conditional 

approval of the OMET Program on 

October 18, 2002 and New Jersey 

terminated Subchapter 30 on February 

25, 2004. On April 5, 2004, New Jersey 

amended Subchapter 19, withdrew the 

OMET provisions adopted in July 1996, 

and replaced them with new provisions 

that included a compliance schedule for 

the affected OMET sources. The latter 

OMET compliance provisions are 

included in New Jersey’s December 

2005 SIP revision to EPA. 

EPA objected to the new OMET 

compliance schedule, and related 

compliance requirements for sources 

subject to NOX RACT regulation. The 

new OMET compliance schedule would 

allow sources to comply with the NOX

RACT requirements of Subchapter 19 

beyond the May 31, 1995 compliance 

date deadline mandated by the Act. In 

a December 2005 SIP submittal letter, 

New Jersey committed to delete OMET 

from Subchapter 19, and from 

Subchapters 8 and 16. Therefore, EPA 

expects New Jersey, in future 

rulemaking, to delete the OMET-related 

provisions in Subchapters 8, 16 and 19, 

i.e., §§ 8.3(o), 8.20(b)(3), 16.1A(g), 

16.1A(h), 19.3(g), 19.3(h), 19.27, and the 

19.27 Appendix, and is not approving 

them into the SIP. 

Additional amendments to 

Subchapter 19. New Jersey adopted a 

number of other amendments since EPA 

last approved amendments to 

Subchapter 19 (64 FR 14832, March 29, 

1999). Among other things, these 

amendments: (1) Revised terms and 

definitions that do not change the 

meaning or stringency of the provisions; 

(2) revised the due date for permit 

applications and submittals of NOX

Control Plans, pursuant to § 19.13, to 

February 7, 2006; (3) revised §§ 19.2 and 

19.9 by deleting the applicability 

threshold of 25 tpy PTE NOX for asphalt 

plants, which made the provisions more 

stringent; (4) revised the ozone season 

closing date to September 30 to conform 

with the closing date provided in 

Subchapter 31, the NOX Budget 

Program; and (5) revised testing 

requirements to conform with certain 

new control measures for stationary 

reciprocating engines. 

2. Subchapter 16 

The amendments to Subchapter 16 are 

administrative in nature and ensure 

consistency with the amendments to 

Subchapter 19. The amendments to 

Subchapter 16 include the following: (1) 

Revised terms and definitions that do 

not change the meaning or stringency of 

the provisions; (2) lowered applicability 

thresholds for the following source 

categories that are required to 

implement annual combustion 

adjustments: (a) Small boilers and IHEs, 

not used for generating electricity; (b) 

stationary combustion turbines; and (c) 

stationary reciprocating engines, if used 

to generate electricity; and (3) a revised 

definition and recordkeeping 

requirements for emergency generators. 

3. Summary of EPA’s Evaluation 

EPA expects that the revisions to 

Subchapter 19 will result in additional 

reductions in NOX emissions to help 

New Jersey meet the emissions 

reduction shortfall and attain the ozone 

standard. EPA evaluated New Jersey’s 

SIP submittal and proposes to find 

Subchapters 16 and 19 approvable. 

However, as explained above, EPA takes 

no action on and expects New Jersey to 

delete: (1) All OMET provisions in 

Subchapters 8, 16 and 19; (2) the new 

amendments to phased compliance plan 

through repowering in § 19.21; and (3) 

the new amendments to phased 

compliance plan through the use of 

innovative control technology in 

§ 19.23. The December 16, 2005 SIP 

submittal will strengthen New Jersey’s 

SIP for reducing ground level ozone by 

providing additional NOX reductions 

beginning on March 7, 2007. 

EPA completed a detailed analysis 

and evaluation to determine the 

approvability of New Jersey’s December 

16, 2005 SIP revision. EPA’s evaluation 

of the SIP submittal is detailed in a 

document entitled ‘‘Technical Support 

Document—NOX RACT SIP Revision—

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 

or the Technical Support Document can 

be viewed at http:// 

www.regulations.gov. 

II. Conclusions 

EPA evaluated New Jersey’s submittal 

for consistency with the Act, EPA 

regulations and EPA policy. The 

proposed new control measures will 

strengthen the SIP by providing 

additional NOX emission reductions. 

Accordingly, EPA is proposing to 

approve the revisions to Subchapter 19, 

and related revisions to Subchapter 16, 

as adopted on September 8, 2005, 

except that EPA is not acting, at this 

time, on OMET Program provisions in 

Subchapters 16 and 19 or the new 

amendments to phased compliance 

plans by repowering and innovative 

control technology in §§ 19.21 and 

19.23, respectively. EPA is not 

approving any dates that allow for NOX

RACT compliance beyond May 31, 

1995, in general, and beyond May 1, 

1999 for completion of repowering for 

sources that should have complied by 

the date required in the March 29, 1999 

EPA-approved SIP. In addition, at a later 

date, EPA will act on Subchapter 8, as 

adopted by New Jersey on September 8, 

2005. 

With the adoption of Subchapter 19, 

New Jersey has fulfilled its obligation to 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Proposed Rules 11817 

adopt all six control measures that New 

Jersey identified as necessary to attain 

the 1-hour ozone standard. Therefore, 

EPA will not proceed with the May 27, 

2004 (69 FR 30249) proposed Finding of 

Failure to Implement. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

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 proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed 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 proposes to 

approve 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 

(Pub. L. 104–4). 

This proposed 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 

proposes to approve 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 proposed 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 

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) do not apply. This proposed 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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: March 6, 2007. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

[FR Doc. E7–4665 Filed 3–13–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–805; MB Docket No. 05–132; RM–

11217] 

Radio Broadcasting Services; 

Junction, Melvin, and Menard, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The staff approves the 

withdrawal of a petition for rulemaking 

in this FM allotment rulemaking 

proceeding See SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 05–132, 

adopted February 21, 2007, and released 

February 23, 2007. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC 

20554. The complete text of this 

decision may also be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. 

In response to a rulemaking petition 

filed by Charles Crawford, the Notice of 

Proposed Rulemaking proposed the 

allotment of Channel 242A at Melvin, 

Texas. To accommodate this allotment, 

it also proposed the substitution of 

Channel 292A for vacant Channel 242A 

at Menard, Texas, and the substitution 

of Channel 224A for vacant Channel 

292A at Junction, Texas. The 

withdrawal of the petition for 

rulemaking complies with Section 

1.420(j) of the Commission’s rules 

because the rulemaking petitioner is not 

receiving any money or other 

consideration in return for the 

withdrawal. See 70 FR 19398 (April 13, 

2005). 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Report and 

Order to GAO, pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A) because the petition for 

rulemaking was dismissed). 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–4544 Filed 3–13–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 350, 385, 395, and 396 

[DOT Docket No. FMCSA–2004–18940] 

RIN 2126–AA89 

Electronic On-Board Recorders 

(EOBRs) for Documenting Hours of 

Service; Listening Sessions 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

sessions. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces public listening sessions to 


cprice-sewell on PROD1PC66 with PROPOSALS