36816 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

document (or documents) in the Federal 

Register announcing the specific topics 

for which we intend to establish the 

negotiated rulemaking committee and a 

request for nominations for individual 

negotiators for the committee who 

represent the communities of interest 

that would be significantly affected by 

the proposed regulations. We will also 

announce the specific topics for which 

we intend to establish subcommittees 

and request nominations for individuals 

with pertinent expertise to participate 

on the subcommittees. This document 

will also be posted on the Department’s 

website at: www2.ed.gov/policy/ 

highered/reg/hearulemaking/2018/ 

index.html. 

Public Hearings 

We will hold three public hearings for 

interested parties to discuss the 

rulemaking agenda. The public hearings 

will be held: 

• September 6, 2018, at the U.S. 

Department of Education, 400 Maryland 

Ave. SW, Barnard Auditorium, 

Washington, DC 20202. 

• September 11, 2018, at Xavier 

University, Convocation Center Annex, 

Room 111, Building 62, 7800 

Washington Ave., New Orleans, LA 

70125. 

• September 13, 2018, at Gateway 

Technical College, SC Johnson iMET 

Center, 2320 Renaissance Blvd., 

Sturtevant, WI 53177. 

The Washington, DC public hearing 

will be held from 9:00 a.m. to 4:00 p.m., 

Eastern Daylight Time. The New 

Orleans, LA and Sturtevant, WI public 

hearings will be held from 9:00 a.m. to 

1:00 p.m., Central Daylight Time. 

Further information on the public 

hearing sites is available at 

www2.ed.gov/policy/highered/reg/ 

hearulemaking/2018/index.html. 

Individuals who would like to present 

comments at the public hearings must 

register by sending an email to 

negreghearing@ed.gov. The email 

should include the name of the 

presenter along with the public hearing 

at which the individual would like to 

speak, the general topic(s) the 

individual would like to address, and a 

general timeframe during which the 

individual would like to speak (for 

example, a presenter could indicate 

morning or afternoon, or before 11:00 

a.m. or after 3:00 p.m.). We will make 

the determination on a first-come, firstserved basis, based on the time and date 

the email was received. Each participant 

will be limited to five minutes. The 

Department will notify registrants of the 

date and time slot reserved for them. An 

individual may make only one 

presentation at the public hearings. If 

we receive more registrations than we 

are able to accommodate, the 

Department reserves the right to reject 

the registration of an entity or 

individual that is affiliated with an 

entity or individual that is already 

scheduled to present comments, and to 

select among registrants to ensure that a 

broad range of entities and individuals 

is allowed to present. We will accept 

registrations for any remaining time 

slots on a first-come, first-served basis, 

beginning at 8:30 a.m. on the day of the 

public hearing at the Department’s onsite registration table. Registration is not 

required to observe the public hearings; 

however, space may be limited. 

The Department will post transcripts 

of the hearings to www2.ed.gov/policy/ 

highered/reg/hearulemaking/2018/ 

index.html. Although the Department 

will not be video recording the hearings, 

speakers should be aware that, since 

these are public meetings, they may be 

filmed or recorded by members of the 

public. 

Speakers may submit written 

comments at the public hearings. In 

addition, the Department will accept 

written comments via the Federal 

eRulemaking portal, and by postal mail, 

commercial delivery, or hand delivery. 

(See the ADDRESSES section of this 

document for submission information.) 

Schedule for Negotiations 

We anticipate that any committee 

established after the public hearings 

will begin negotiations in January of 

2019, with the committee meeting for 

up to three sessions of three days each 

at roughly four- to eight-week intervals. 

The Department will post transcripts 

and audio of the sessions to 

www2.ed.gov/policy/highered/reg/ 

hearulemaking/2018/index.html. We 

anticipate that any subcommittees 

established will begin meeting in 

January or February, after the first 

meeting of the committee. The 

committee and subcommittees will meet 

in the Washington, DC area. The dates 

and locations of these meetings will be 

published in a subsequent notice in the 

Federal Register, and will be posted on 

the Department’s website at: 

www2.ed.gov/policy/highered/reg/ 

hearulemaking/2018/index.html. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format by contacting 

Aaron Washington, U.S. Department of 

Education, 400 Maryland Ave. SW, 

Room 281–13, Washington, DC 20202. 

Telephone: (202) 203–9155. Email: 

Aaron.Washington@ed.gov. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations via the 

Federal Digital System at: www.gpo.gov/ 

fdsys. At this site you can view this 

document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text, or Portable Document Format 

(PDF). You may also access documents 

of the Department published in the 

Federal Register by using the article 

search feature at: 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Program Authority: 20 U.S.C. 1098a. 

Diane Auer Jones, 

Principal Deputy Under Secretary Delegated 

to Perform the Duties of Under Secretary and 

Assistant Secretary, Office of Postsecondary 

Education. 

[FR Doc. 2018–15929 Filed 7–30–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2018–0549; FRL–9981– 

62—Region 2] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Elements for the 2008 8-Hour Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

several State Implementation Plan (SIP) 

revisions submitted by the State of New 

Jersey for purposes of implementing 

Reasonably Available Control 

Technology (RACT) for the 2008 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). The EPA is 

proposing to approve New Jersey’s SIP 

revision for the control and prohibition 

of air pollution by volatile organic 

compounds (VOCs) and control and 

prohibition of air pollution by oxides of 

nitrogen (NOX), as they are intended to 

satisfy certain control technique 

guideline (CTG) and NOX RACT 

categories. The EPA is proposing to 

approve New Jersey’s certification that 

there are no sources within the State for 

the following CTGs: Manufacture of 

Vegetable Oils; Manufacture of 

Pneumatic Rubber Tires; Aerospace 


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1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

2Submission cover letter dated November 30, 

2017. 

3Submission cover letter dated December 22, 

2017. 

Coatings; Shipbuilding and Ship Repair 

Operations; Metal Furniture Coatings; 

Large Appliance Coatings; and Auto and 

Light Duty Truck Original Equipment 

Manufacturer Assembly Coatings. In 

addition, the EPA is proposing to 

approve New Jersey’s RACT SIP as it 

applies to non-CTG major sources of 

VOCs and major sources of NOX. The 

EPA is also proposing to approve the 

other portions of the comprehensive SIP 

revision submitted by New Jersey that 

certify that the State has satisfied the 

requirements for an enhanced motor 

vehicle Inspection and Maintenance 

program, certify that the State has 

satisfied the requirements for an 

emission statement program, certify that 

the State has satisfied the requirements 

for an ozone specific provisions 

nonattainment new source review 

program, and show the State has 

adopted all NOX RACT and VOC RACT, 

as it pertains to the 2008 8-hour ozone 

NAAQS. These actions are being taken 

in accordance with the requirements of 

the Clean Air Act. 

DATES: Written comments must be 

received on or before August 30, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2018–0549 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Omar Hammad, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3347, or by email at 

Hammad.Omar@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Supplementary Information section is 

arranged as follows: 

Table of Contents 

I. What action is the EPA proposing? 

II. What is the background for this proposed 

rulemaking? 

III. What did New Jersey submit? 

IV. What is the EPA’s evaluation of New 

Jersey’s SIP submittals? 

V. What action is the EPA proposing? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Jersey on June 11, 2015, for purposes of 

implementing Reasonably Available 

Control Technology (RACT) 1 for the 

2008 8-hour ozone National Ambient 

Air Quality Standard (NAAQS or 

standard). New Jersey’s June 11, 2015 

SIP submittal consists of a showing that 

the State meets the RACT requirements 

for the two precursors for ground-level 

ozone, i.e., oxides of nitrogen (NOX) and 

volatile organic compounds (VOCs), set 

forth by the Clean Air Act (CAA or Act) 

with respect to the 2008 ozone standard. 

This action addresses New Jersey SIP 

submittals dated June 11, 2015, 

December 14, 2017, and January 2, 2018. 

In the June 11, 2015 SIP submittal, the 

State indicates that the RACT 

requirements for the 2008 ozone 

NAAQS have been fulfilled with the 

exception of sources subject to four 

Control Techniques Guidelines (CTGs) 

for source categories represented in New 

Jersey: Industrial Cleaning Solvents 

(EPA 453/R–06–001); Paper, Film, and 

Foil Coatings (EPA 453/R–07–003); 

Miscellaneous Metal and Plastic Parts 

Coatings (EPA 453/R–08–003); and 

Fiberglass Boat Manufacturing Materials 

(EPA–453/R–08–004). The June 11, 2015 

submittal also establishes new limits on 

NOX emissions from existing simple 

cycle combustion turbines combusting 

natural gas and compressing gaseous 

fuel at major NOX facilities and 

stationary reciprocating engines 

combusting natural gas and compressing 

gaseous fuel at major NOX facilities. In 

a submission received by the EPA on 

December 14, 2017,2 titled ‘‘Control and 

Prohibition of Air Pollution by Volatile 

Organic Compounds and Oxides of 

Nitrogen,’’ New Jersey indicates that the 

RACT requirements for the 2008 ozone 

NAAQS have been fulfilled for sources 

subject to the four CTGs identified 

above that were not addressed in the 

June 11, 2015 submittal. The EPA is 

proposing to approve New Jersey’s June 

11, 2015 RACT SIP as it applies to nonCTG major sources of VOCs and to 

major sources of NOX. The EPA is 

proposing to approve New Jersey’s 

December 14, 2017 submittal addressing 

the aforementioned four CTGs and 

establishing new limits on NOX

emissions. 

Also, the EPA is proposing to approve 

the portions of New Jersey’s SIP revision 

submitted on January 2, 2018,3 that 

certifies the State has satisfied the 

requirements for a motor vehicle 

enhanced inspection and maintenance 

(I/M) program, an emission statement 

program, an ozone specific provisions 

nonattainment new source review 

(NNSR) program, and that the State has 

adopted all applicable NOX RACT and 

VOC RACT, submitted in the ‘‘1997 84 

ppb and 2008 75 ppb 8-Hour Ozone 

Attainment Demonstration Northern 

New Jersey-New York-Connecticut 

Nonattainment Area and Nonattainment 

New Source Review (NNSR) Program 

Compliance Certification New Jersey 

Statewide’’ SIP revision. 

The EPA proposes that New Jersey’s 

SIP submittals are consistent with the 

EPA’s guidance documents as well as 

the EPA’s CTG and Alternative Control 

Technique (ACT) documents and are 

fully approvable as SIP-strengthening 

measures for New Jersey’s ozone SIP. 

II. What is the background for this 

proposed rulemaking? 

In 2008, the EPA revised the health 

based NAAQS for ozone, setting it at 

0.075 parts per million (ppm), or 75 

parts per billion (ppb), averaged over an 

8-hour time frame. The EPA determined 

that the revised 8-hour standard would 

be more protective of human health, 

especially with regard to children and 

adults who are active outdoors and 

individuals with a pre-existing 

respiratory disease such as asthma. 

On May 21, 2012 (77 FR 30087), the 

EPA finalized its attainment/ 

nonattainment designations for areas 

across the country with respect to the 

2008 8-hour ozone standard. This action 

became effective on July 20, 2012. The 

two 8-hour ozone marginal 

nonattainment areas located in New 

Jersey are the New York-Northern New 

Jersey-Long Island, NY–NJ–CT 

nonattainment area, also referred to as 

the New York Metropolitan Area 


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3Effective date November 6, 2017 (49 N.J.R. 

3518). 

4The EPA will act on the remainder of New 

Jersey’s January 2, 2018 SIP revision submittal, 

including the attainment demonstrations, 

Reasonable Further Progress (RFP) requirements 

and other portions at a later date. 

5The EPA finalized the proposed rule. 80 FR 

12264 (March 6, 2015). 

(NYMA), and the PhiladelphiaWilmington-Atlantic City, PA–NJ–MD– 

DE nonattainment area. The New Jersey 

portion of the NYMA is comprised of 

Bergen, Essex, Hudson, Hunterdon, 

Middlesex, Monmouth, Morris, Passaic, 

Somerset, Sussex, Union and Warren 

Counties. On May 4, 2016 (81 FR 

26697), the EPA determined that the 

NYMA did not attain the 2008 ozone 

standard by the applicable attainment 

date and is reclassified from a marginal 

to a moderate nonattainment area. State 

attainment plans for moderate 

nonattainment areas were due by 

January 1, 2017. Since the NYMA has 

been reclassified to a moderate 

nonattainment area, New Jersey 

submitted a new RACT determination as 

part of the State’s attainment 

demonstration for the 2008 ozone 

standard. 

In areas classified as moderate or 

areas located in the Ozone Transport 

Region (OTR) (which includes all of 

New Jersey) under the 8-hour ozone 

standard, the definition for major 

sources is 50 tons per year for VOC and 

100 tons per year for NOX. New Jersey, 

however, has an emission threshold of 

25 tons per year throughout the state for 

purposes of the RACT analysis which 

results in a more stringent evaluation of 

RACT. 

Sections 172(c)(1) and 182(b)(2) of the 

CAA require states to implement RACT 

in areas classified as moderate (and 

higher) nonattainment for ozone, while 

section 184(b)(1)(B) of the CAA requires 

RACT in states located in the OTR. 

Specifically, these areas are required to 

implement RACT for all major VOC and 

NOX emission sources and for all 

sources covered by a CTG. A CTG is a 

document issued by the EPA which 

establishes a ‘‘presumptive norm’’ for 

RACT for a specific VOC source 

category. A related set of documents, 

ACT documents, exists primarily for 

NOX control requirements. States must 

submit rules or negative declarations 

when the State has no such sources for 

CTG source categories, but not for 

sources in ACT categories. However, 

RACT must be imposed on major 

sources of NOX, and some of those 

major sources may be within a sector 

covered by an ACT document. 

On March 6, 2015 (80 FR 12264), the 

EPA published a final rule, herein 

referred to as the ‘‘2008 ozone 

implementation rule,’’ that outlined the 

obligations that areas found to be in 

nonattainment of the 2008 ozone 

NAAQS needed to address. The 2008 

ozone implementation rule contains, 

among other things, a description of the 

EPA’s expectations for states with RACT 

obligations. The 2008 ozone 

implementation rule indicates that 

states could meet RACT through the 

establishment of new or more stringent 

requirements that meet RACT control 

levels, through a certification that 

previously adopted RACT controls in 

their SIP approved by the EPA under a 

prior ozone NAAQS represents adequate 

RACT control levels for attainment of 

the 2008 ozone NAAQS, or a 

combination of these two approaches. In 

addition, a state must submit a negative 

declaration in instances where there are 

no CTG sources. The 2008 ozone 

implementation rule requires that states 

with nonattainment areas to submit 

RACT SIPs to EPA within two years 

from the effective date of nonattainment 

designation or by July 20, 2014. 

The 2008 ozone implementation rule 

also states, among other things, that an 

attainment demonstration should 

consist of a list of adopted measures 

(including RACT) with schedules for 

implementation and other means and 

techniques necessary and appropriate 

for demonstrating attainment as 

expeditiously as practicable but no later 

than the outside attainment date for the 

area’s classification. New Jersey 

submitted an attainment demonstration 

SIP and EPA will act on it in a separate 

rulemaking. 

III. What did New Jersey submit? 

On June 11, 2015, the New Jersey 

Department of Environmental Protection 

(NJDEP) submitted to the EPA a formal 

revision to its SIP. The SIP revision 

consists of information documenting 

how New Jersey complied with the 

RACT requirements for the 2008 8-hour 

ozone NAAQS, pertaining to the former 

marginal classification for the NYMA. In 

its June 11, 2015 submittal, New Jersey 

certifies that the State’s submittal 

addresses the RACT requirements for 

the 2008 8-hour ozone standard except 

that it does not fulfill the requirements 

of the CTGs for industrial cleaning 

solvents, paper film and foil coatings, 

fiberglass boat manufacturing materials, 

and miscellaneous metal and plastic 

parts coatings and the requirements of 

the ACTs for stationary reciprocating 

internal combustion engines and 

stationary gas turbines. In New Jersey’s 

June 2015 RACT submittal, the State 

commits to revise New Jersey 

Administrative Code, Title 7, Chapter 27 

(N.J.A.C 7:27) Subchapter 16 and 

Subchapter 19 to address those 

requirements in a timely manner. 

On December 14, 2017, the EPA 

received New Jersey’s SIP revision, 

‘‘New Jersey’s Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds and Control and 

Prohibition of Air Pollution by Oxides 

of Nitrogen.’’ 3 The December 14, 2017 

submittal includes the amendment to 

N.J.A.C. 7:27, Subchapter 16, ‘‘Control 

and Prohibition of Air Pollution by 

Volatile Organic Compounds’’ and 

Subchapter 19, ‘‘Control and Prohibition 

of Air Pollution by Oxides of Nitrogen’’ 

that New Jersey committed to propose 

and adopt in their June 11, 2015 

submittal. 

On January 2, 2018, New Jersey 

submitted, for inclusion in the SIP, the 

‘‘1997 84 ppb and 2008 75 ppb 8-Hour 

Ozone Attainment Demonstration 

Northern New Jersey-New YorkConnecticut Nonattainment Area and 

Nonattainment New Source Review 

(NNSR) Program Compliance 

Certification New Jersey Statewide.’’ In 

the January 2, 2018 submission New 

Jersey certifies, among other things, that 

the State has satisfied the requirements 

for an enhanced motor vehicle I/M 

program, an emission statement 

program, an ozone specific provisions 

NNSR program, and that the State has 

adopted all applicable NOX RACT and 

VOC RACT for the moderate NYMA.4

In New Jersey’s June 11, 2015 RACT 

submittal, the State evaluated its 

existing RACT regulations which were 

adopted to meet the 1997 8-hour ozone 

standard to ascertain whether the same 

regulations constitute RACT for the 

2008 8-hour ozone standard. In making 

its new 8-hour ozone RACT 

determination, New Jersey referenced 

EPA’s RACT guidance (‘‘Beyond 

Volatile Organic Compound-Reasonably 

Available Control Technology-Control 

Technology Guidelines Requirements, 

EPA–453/R–95–010, April 1995) and 

EPA’s proposed rule ‘‘Implementation 

of the 2008 National Ambient Air 

Quality Standards for Ozone: State 

Implementation Plan Requirements.’’ 78 

FR 34178 (June 2013).5 Accordingly, the 

basic framework for New Jersey’s June 

11, 2015 RACT SIP determination is 

described as follows: 

• Identify all source categories 

covered by Control Technique 

Guidelines (CTG) and Alternative 

Control Technique (ACT) documents. 

• Identify applicable regulations that 

implement RACT. 

• Certify that the existing level of 

controls for the 1997 8-hour ozone 

standard equals RACT under the 2008 8- 

hour ozone standard in certain cases. 


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6The CTG for the manufacturing of vegetable oils 

was published in June 1978 (see EPA–450/2–78– 

035) but in a March 1980 guidance document, 

Continued 

• Declare that sources covered by a 

CTG and ACT do not exist within the 

state and/or that RACT is not applicable 

in certain cases. 

• Identify and evaluate applicability 

of RACT to individual sources whose 

source category does not have a 

presumptive emission limit covered by 

a state-wide regulation. 

• Identify potential RACT revisions. 

In New Jersey’s June 11, 2015 

submittal, the State certified that all 

statewide RACT regulations, with the 

exception of four CTGs and two ACTs, 

with SIP approved state effective dates 

prior to the date when the RACT 

analysis was performed in 2015, are 

RACT for the 2008 8-hour ozone 

NAAQS, because the RACT 

determinations issued by the State are 

consistent with the most recent control 

technology and economic 

considerations. The State’s December 

14, 2017 submittal addressed the 

requirements for the four CTGs; the CTG 

for ‘‘industrial cleaning solvents,’’ 

‘‘paper film and foil coatings,’’ 

‘‘fiberglass boat manufacturing 

materials,’’ and ‘‘miscellaneous metal 

and plastic parts coatings’’ and the two 

ACTs for ‘‘stationary reciprocating 

internal combustion engines’’ and 

‘‘stationary gas turbines.’’ The following 

discusses the results of New Jersey’s 

analysis of RACT under the basic 

framework identified above. 

CTGs and ACTs 

New Jersey reviewed its existing 

RACT regulations adopted under the 

1979 1-hour and 1997 8- hour ozone 

standard to identify source categories 

covered by the EPA’s CTG and ACT 

documents. New Jersey’s 2015 RACT 

SIP submittal lists the CTG and ACT 

documents and corresponding State 

RACT regulations that cover the CTG 

and ACT sources included in New 

Jersey’s emissions inventory. 

In 2009, New Jersey adopted VOC and 

NOX RACT for major non-CTG sources 

located in the State. Those sources for 

which EPA guidance was not published, 

but for which the State established 

RACT, include: 

1. High Electric Demand Day boilers 

serving EGUs [N.J.A.C. 7:27–19.4]; 

2. High Electric Demand Day turbines 

serving EGUs [N.J.A.C. 7:27–19.5]; 

3. Asphalt paving production plants 

[N.J.A.C. 7:27–19.9]; 

4. Alternative VOC control 

requirements [N.J.A.C. 7:27–16.17]; 

5. Alternative and facility-specific 

NOX emission limits [N.J.A.C. 7:27– 

19.13]; 

6. Municipal solid waste (MSW) 

incinerators [N.J.A.C. 7:27–19.12]; and 

7. Sewage sludge incinerators 

[N.J.A.C. 7:27–19.28]. 

New Jersey has determined that 

currently effective emission limits for 

these source categories still represent 

RACT in 2015 for the marginal 

classification in the NYMA for the 75 

ppb ozone standard. 

With the exception of the source 

categories for which New Jersey has 

made negative declarations, New Jersey 

has implemented RACT controls statewide for all CTGs that the EPA has 

issued as of June 2015 to meet the 

requirements of the CAA. The following 

table lists the RACT controls that have 

been promulgated in N.J.A.C. 7:27 and 

the corresponding EPA SIP approval 

dates. 

N.J.A.C. 7:27 subchapter Title EPA latest approval

date 

16.2 ................................. VOC stationary storage tanks .............................................................................................. 8/3/10, 75 FR 45483 

16.3 ................................. Gasoline transfer operations ................................................................................................ 8/3/10, 75 FR 45483 

16.6 ................................. Open top tanks and solvent cleaning operations ................................................................ 8/3/10, 75 FR 45483 

16.7 ................................. Surface coating and graphic arts operations ....................................................................... 8/3/10, 75 FR 45483 

16.12 ............................... Surface coating operations at mobile equipment repair and refinishing facilities ............... 8/3/10, 75 FR 45483 

16.16 ............................... Other source operations ....................................................................................................... 8/3/10, 75 FR 45483 

16.18 ............................... Leak detection and repair .................................................................................................... 8/3/10, 75 FR 45483 

16.19 ............................... Application of cutback and emulsified asphalts ................................................................... 8/3/10, 75 FR 45483 

16.20 ............................... Petroleum solvent dry cleaning operations .......................................................................... 8/3/10, 75 FR 45483 

19.4 ................................. Boilers serving electric generating units .............................................................................. 8/3/10, 75 FR 45483 

19.5 ................................. Stationary combustion turbines ............................................................................................ 8/3/10, 75 FR 45483 

19.7 ................................. Industrial/commercial/institutional boilers and other indirect heat exchangers ................... 8/3/10, 75 FR 45483 

19.8 ................................. Stationary reciprocating engines .......................................................................................... 8/3/10, 75 FR 45483 

19.10 ............................... Glass manufacturing furnaces ............................................................................................. 8/3/10, 75 FR 45483 

23 .................................... Prevention of Air Pollution from Architectural Coatings Standards ..................................... 12/22/10, 75 FR 80340 

24 .................................... Consumer products .............................................................................................................. 12/22/10, 75 FR 80340 

26 .................................... Prevention of Air Pollution from Adhesives, Sealants, Adhesive Primers and Sealant 

Primers.

12/22/10, 75 FR 80340 

New Jersey’s June 11, 2015 RACT 

submittal contains a table (see Table II– 

2: RACT Certifications Based on 

Existing EPA Guidance) listing all the 

CTG and ACT categories (67 categories 

in total) and the corresponding State 

regulations or negative declarations that 

address the requirements. The EPA 

previously approved and incorporated 

into the SIP all of the State’s regulations 

identified in Table II–2 that address 

CTGs and ACTs. New Jersey’s December 

14, 2017 submittal fulfilled the 

requirement to submit for the four CTGs 

and two ACTs which are identified in 

Table II–2 as rules that had not yet been 

adopted. 

For many source categories, the 

existing New Jersey rules have more 

stringent emission limits and/or lower 

thresholds of applicability than the 

recommendations contained in the CTG 

and ACT documents. New Jersey 

considers and certifies that its SIP 

approved regulations meet the RACT 

requirements for the 2008 8-hour ozone 

standard. 

Source Categories Not Applicable in 

New Jersey 

In New Jersey’s 2015 submittal, by 

comparing the list of existing CTGs with 

New Jersey’s effective rules, and 

researching the New Jersey 

Environmental Management System 

(NJEMS) emission statements and 

permitting database for source 

categories by Standard Industrial Code 

(SIC), the State certifies that the 

following source-specific categories 

either do not exist in this State, or fall 

below significant emission unit 

applicability thresholds in the CTGs: (1) 

Manufacture of Vegetable Oils; 6 (2) 


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36820 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

entitled ‘‘Guidance for the Control of Volatile 

Organic Compounds Emitted by Ten Selected 

Source Categories,’’ the EPA advised that the ‘‘states 

are not required, at this time, to develop regulations 

for the vegetable oil manufacturing industry.’’ The 

EPA guidance has not been revised since the March 

1980 guidance. At this time, the EPA considers the 

vegetable oil CTG as only guidance for states when 

they need to develop attainment plans in 

nonattainment areas. 

Manufacture of Pneumatic Rubber Tires; 

(3) Aerospace Coatings; (4) Shipbuilding 

and Ship Repair Operations; (5) Metal 

Furniture Coatings; (6) Large Appliance 

Coatings; and (7) Auto and Light Duty 

Truck Original Equipment Manufacturer 

(OEM) Assembly Coatings. 

Source-Specific RACT Determinations 

A source-specific RACT 

determination applies to sources that 

have obtained a facility-specific 

emission limit or an alternative 

emission limit, i.e., a variance. A caseby-case RACT analysis is required for 

sources that are not defined by a 

specific source category covered by an 

existing state regulation, that are 

requesting a variance, or that are not 

addressed by a CTG. New Jersey’s RACT 

regulations at N.J.A.C. 7:27 Subchapter 

19.13 for NOX and at Subchapter 16.17 

for VOCs outline the process and 

conditions for granting a source-specific 

RACT determination. Under the CAA, 

these individual source-specific RACT 

determinations need to be submitted by 

the State as a SIP revision for the EPA’s 

approval. Therefore, New Jersey 

included Table II–3 in its June 2015 

RACT SIP submittal, a listing of VOC 

and NOX source facilities that are 

subject to a RACT source-specific SIP 

revision under the 8-hour ozone SIP and 

the corresponding emission limits, 

control technology and applicable 

regulation governing the RACT 

determinations. Consistent with the 

CAA, New Jersey submitted to the EPA 

SIP revisions that included the sourcespecific RACT revisions identified in 

Table II–3 of the 2015 RACT SIP 

submittal. The EPA has approved some 

of those revisions and is performing its 

technical review of the remainder of the 

submittals and will take separate 

rulemaking actions for each of the 

source-specific determinations (see 40 

CFR 52.1570 (d) ‘‘EPA approved State 

source-specific requirements’’). 

New Jersey’s Control and Prohibition of 

Air Pollution by Volatile Organic 

Compounds 

New Jersey’s December 14, 2017 

submittal, which included amendments 

to N.J.A.C. 7:27, Subchapter 16, 

addresses sources subject to four CTGs 

for source categories represented in New 

Jersey: Industrial Cleaning Solvents 

(ICS), CTG issued September 2006 (EPA 

453/R–06–001); Paper, Film, and Foil 

Coatings (PFFC), CTG issued September 

2007 (EPA 453/R–07–003); 

Miscellaneous Metal and Plastic Parts 

Coatings (MMPPC), CTG issued 

September 2008 (EPA 453/R–08–003); 

and Fiberglass Boat Manufacturing 

Materials (FBMM), CTG issued 

September 2008 (EPA–453/R–08–004). 

The VOC emission limits adopted by 

New Jersey and set forth in Subchapter 

16 are as effective in regulating the 

source categories as the EPA’s CTG 

documents. 

Industrial Cleaning Solvents (ICS) 

The EPA issued a CTG for industrial 

cleaning solvents in 2006 that includes 

recommended control techniques. This 

category includes the industrial 

cleaning solvents used by many 

industries. It includes a variety of 

products that are used to remove 

contaminants such as adhesives, inks, 

paint, dirt, soil, oil and grease. The 

recommended measures for controlling 

VOC emissions from the use, storage 

and disposal of industrial cleaning 

solvents include work practice 

standards, limitations on VOC content 

of the cleaning materials, and an 

optional alternative limit on composite 

vapor pressure of the cleaning materials. 

They also include the use of add-on 

controls with an overall emission 

reduction of at least 85 percent by mass. 

Based on the EPA CTG, New Jersey 

adopted new rules N.J.A.C. 7:27–16.24 

which specifies VOC content and vapor 

pressure limits for solvents used in 

solvent cleaning activities conducted to 

remove material through wiping, 

flushing, or spraying. Facilities can be 

exempt by annual industrial cleaning 

solvent usage, based on a purchase 

limit, and by source operation type. 

Compliance can be achieved by meeting 

a maximum VOC content, a maximum 

VOC composite vapor pressure, or a 

minimum control efficiency. Applicable 

facilities must implement best 

management practices, which include 

keeping cleaning materials in closed 

containers when not in use. 

Recordkeeping must be maintained 

which demonstrates compliance. The 

EPA proposes to find that New Jersey’s 

adopted ICS rules are as effective in 

regulating the source category as the 

EPA’s CTG document. 

Paper, Film, and Foil Coatings (PFFC) 

The EPA issued a 2007 CTG for paper, 

film and foil coatings. Previous Federal 

actions that affected this source category 

included a 1977 CTG for controlling 

VOC emissions from surface coating of 

paper, the 1983 new source performance 

standards (NSPS) for surface coating of 

pressure sensitive tape and labels (a 

subset of this category), and a 2002 

National Emissions Standards for 

Hazardous Air Pollutants (NESHAP) for 

paper and other web coating. The EPA 

recommends applying the control 

recommendations for coatings only to 

individual paper, film and foil surface 

coating lines with the potential to emit 

at least 25 tons per year (tpy) of VOC 

from coatings, prior to controls. The 

EPA recommends an overall VOC 

control efficiency of 90 percent as RACT 

for each coating line. 

New Jersey adopted amendments to 

N.J.A.C. 7:27–16.7, based on the CTG, 

which requires paper, film, and foil 

coating operations to implement best 

management practices if the actual VOC 

emissions exceed 15 pounds per day for 

all coating operations. The EPA 

proposes to find that New Jersey’s 

adopted PFFC rules are as effective in 

regulating the source category as the 

EPA’s CTG document. 

Miscellaneous Metal and Plastic Parts 

Coatings (MMPPC) 

The EPA issued a 2008 CTG for 

miscellaneous metal and plastic parts 

coatings. The CTG recommended three 

options for controlling VOC emissions: 

(1) VOC content limits for each coating 

category based on the use of low-VOC 

content coatings and specified 

application methods to achieve good 

transfer efficiency; (2) equivalent VOC 

emission rate limits based on the use of 

a combination of low-VOC coatings, 

specified application methods, and addon controls; or (3) an overall VOC 

control efficiency of 90 percent for 

facilities that choose to use add-on 

controls instead of low-VOC Content 

coatings and specified application 

methods. In addition, the EPA 

recommended work practices to further 

reduce VOC emissions from coatings as 

well as to minimize emissions from 

cleaning materials used in 

miscellaneous metal product and plastic 

part surface coating processes. 

New Jersey adopted new rules at 

N.J.A.C. 7:27–16.15, based on the EPA 

CTG, which specify an applicability 

limit of 2.7 tons of actual VOC 

emissions during any consecutive 12- 

month period from all miscellaneous 

metal and plastic part coating 

operations, including related cleaning 

activities. Compliance can be achieved 

by either meeting the maximum 

allowable VOC content, achieving a 

minimum 90 percent overall control 

efficiency, or meeting a minimum 

overall control efficiency which is based 

upon the characteristics of the coating. 

Exemptions include surface coating 


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7New Jersey’s rule includes a partial exemption 

for military specification coatings from the new 

VOC limits for metal parts and products, at N.J.A.C. 

7:27–16.15(c)(1). N.J.A.C. 7:27–16.15(c)(3)(vii) 

exempts any military specification coating that has 

been formulated to meet a higher, less stringent 

VOC content limit. Additional exceptions include 

less stringent VOC content limits for extreme high 

gloss topcoat (craft) and other substrate antifoulant 

coating than those recommended in the MMPPC 

CTG. This departure from the MMPPC CTG 

recommendation is based on EPA guidance memo 

‘‘Control Technique Guidelines for Miscellaneous 

Metal and Plastic Part Coatings—Industry Request 

for Reconsideration’’. 

operations that exclusively use powder 

coating and metal parts coatings which 

must comply with a military 

specification that has been formulated 

to meet a higher, less stringent VOC 

content. Applicable facilities must 

implement best management practices, 

which include keeping cleaning 

materials in closed containers when not 

in use. Recordkeeping must be 

maintained which demonstrates 

compliance. The EPA proposes to find 

that New Jersey’s adopted MMPPC rules 

are as effective in regulating the source 

category as the EPA’s CTG document.7

Fiberglass Boat Manufacturing Materials 

(FBMM) 

The EPA issued a CTG in 2008 that 

provides control recommendations for 

reducing VOC emissions from the use of 

gel coats, resins, and materials used to 

clean application equipment in 

fiberglass boat manufacturing 

operations. The CTG recommends the 

use of low-VOC content (monomer and 

non-monomer VOC) resin and gel coats 

with specified application methods. The 

CTG recommends the use of covers on 

mixing containers to further reduce 

VOC emissions from gel coats and 

resins. The CTG also recommends the 

use of low-VOC and low vapor pressure 

cleaning materials. Because the CTG 

recommendations are based on the 2001 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

boat manufacturing, those facilities that 

are major sources of HAP are already 

complying with the 2001 NESHAP and 

have already adopted these control 

measures. Because the 2001 NESHAP 

does not apply to area sources, area 

source fiberglass boat manufacturing 

facilities are not currently required to 

implement the measures provided in the 

NESHAP and recommended in the CTG. 

There are boat manufacturing facilities 

in ozone nonattainment areas that meet 

the applicability threshold in the CTG 

and would provide VOC emission 

reductions when the CTG recommended 

controls are applied. These control 

approaches are recommended for all 

fiberglass boat manufacturing facilities 

where total actual VOC emissions from 

all fiberglass boat manufacturing 

operations are equal to or exceed 15 

pounds per day. 

New Jersey adopted new rules at 

N.J.A.C. 7:27–16.14, based on the EPA 

CTG, which establish an applicability 

limit of actual VOC emissions, before 

add-on control, of 15 pounds per day 

from all fiberglass boat manufacturing 

operations. Exemptions include 

production of vessels that must meet 

military specifications and production 

of parts of boats that do not involve the 

manufacture of fiberglass. Compliance 

can be achieved by meeting a maximum 

monomer VOC content standard, 

meeting a maximum monomer VOC 

mass emission rate, or installation of a 

VOC control apparatus. Recordkeeping 

must be maintained which demonstrates 

compliance. The EPA proposes to find 

that New Jersey’s adopted FBMM rules 

are as effective in regulating the source 

category as the EPA’s CTG document. 

New Jersey’s Control and Prohibition of 

Air Pollution by Oxides of Nitrogen 

(Subchapter 19) 

New Jersey’s December 14, 2017 

submittal, which included amendments 

to N.J.C.A. 7:27, Subchapter 19, 

establishes more stringent limits on 

NOX emissions from existing simple 

cycle combustion turbines combusting 

natural gas and compressing gaseous 

fuel at major NOX facilities and 

stationary reciprocating engines 

combusting natural gas and compressing 

gaseous fuel at major NOX facilities. The 

EPA proposes to find that the NOx 

emission limits adopted by New Jersey 

and set forth in their December 14, 2017 

submittal are as effective in regulating 

the source categories as the EPA’s 

recommendations and guidance. 

Stationary Natural Gas Compressor 

Turbines and Reciprocating Engines 

In New Jersey’s December 14, 2017 

submittal, New Jersey adopted 

amendments to its rules for stationary 

gas turbines and engines. New Jersey 

amended N.J.A.C. 7:27–19.5 by adopting 

new standards for NOX emissions from 

existing simple cycle combustion 

turbines combusting natural gas and 

compressing gaseous fuel at major NOX

facilities (compressor turbines). The 

standard provides, at 7:27–19.5(l) that, 

beginning November 6, 2019, any 

simple cycle combustion turbine 

combustion natural gas and 

compressing gaseous fuel at a major 

NOX facility shall not emit more than 42 

ppm by volume, dry basis (ppmvd), of 

NOX corrected to 15 percent oxygen. 

NJDEP amended N.J.A.C. 7:27–19.8 by 

adopting new standards for NOX

emissions from stationary reciprocating 

engines combusting natural gas and 

compressing gaseous fuel at major NOX

facilities (compressor engines). The 

standard provides, at 7:27–19.8 (g), that 

beginning November 6, 2019, the owner 

or operator of a two-stroke lean burn 

engine capable of producing an output 

of 200 brake horsepower (bhp) or more 

but less than 500 bhp, combusting 

natural gas, and compressing gaseous 

fuel at a major NOX facility shall cause 

it to emit no more than 3.0 grams NOX/ 

brake horsepower-hour (bhp-hr). The 

standard also provides, at 7:27–19.8 (h), 

that beginning November 6, 2019, the 

owner or operator of a four-stroke lean 

burn engine or four-stroke rich burn 

engine capable of producing an output 

of 200 bhp or more but less than 500 

bhp, combusting natural gas, and 

compressing gaseous fuel at a major 

NOX facility shall cause it to emit no 

more than 2.0 grams NOX/bhp-hr. 

The EPA proposes to find that the 

adopted rules are consistent with EPA 

guidance and address NOX RACT 

requirements by establishing new limits 

on NOX emissions from existing simple 

cycle combustion turbines combusting 

natural gas and compressing gaseous 

fuel at major NOX facilities and 

stationary reciprocating engines 

combusting natural gas and compressing 

gaseous fuel at major NOX facilities. 

Nitrogen Oxide (NOX) Reasonably 

Available Control Technology (RACT) 

and Volatile Organic Compounds (VOC) 

RACT Certification 

In New Jersey’s January 2, 2018 

submittal, the State certified that they 

have addressed RACT requirements for 

the 2008 75 ppb 8-hour ozone NAAQS 

supported by their June 11, 2015 and 

December 14, 2017 submittals. EPA 

proposes to find that New Jersey has 

demonstrated that it has met the NOX

RACT and VOC RACT requirements. In 

some instances, New Jersey has gone 

beyond RACT by adopting control 

measures more stringent than the 

Federal rules and CTGs. 

New Jersey’s VOC RACT rules cover 

source categories such as VOC 

stationary storage tanks, gasoline 

transfer operations, VOC transfer 

operations other than gasoline, marine 

tank vessel loading and ballasting 

operations, open tanks and solvent 

cleaning operations, surface coating and 

graphic arts operations, boilers, 

stationary combustion turbines, 

stationary reciprocating engines, asphalt 

pavement production plants, surface 

coating operations at mobile equipment 

repair and finishing facilities, flares, 

other source operations, leak detection 

and repair, application of cutback and 

emulsified asphalts, petroleum solvent 


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8 75 FR 45483. 

9 75 FR 80340. 

10 75 FR 45483. 11 61 FR 38591. 

dry cleaning operations, natural gas 

pipelines, and their NOX RACT cover 

source categories such as boilers serving 

electric generating units, stationary 

combustion turbines, industrial/ 

commercial/institutional boilers and 

other indirect heat exchangers, 

stationary reciprocating engines, asphalt 

pavement production plants, glass 

manufacturing furnaces, emergency 

generators, municipal solid waste 

(MSW) incinerators and sewage sludge 

incinerators. These RACT controls that 

have been promulgated in N.J.A.C. 7:27, 

have been approved by the EPA as part 

of New Jersey’s SIP most recently on 

August 3, 2010 8 and December 22, 

2010.9

Enhanced Motor Vehicle Inspection and 

Maintenance (I/M) Program 

Certification 

In New Jersey’s January 2, 2018 

submission, the State certifies that its 

state-wide rules at N.J.A.C. 7:27–14 and 

15, N.J.A.C. 7:27B–4 and B–5 and the 

Motor Vehicle Commission (MVC) rules 

at N.J.A.C. 13:20–43, satisfy Federal 

requirements for an enhanced motor 

vehicle I/M Program for the 2008 75 ppb 

8-hour ozone NAAQS. 

Four categories of vehicles are subject 

to the enhanced I/M program: light-duty 

gasoline-fueled vehicles, heavy-duty 

gasoline-fueled vehicles, light-duty 

diesel-powered vehicles and heavy-duty 

diesel-powered vehicles. Within each 

category are commercial and noncommercial vehicles. 

EPA approved New Jersey’s enhanced 

I/M program as meeting applicable 

requirements of the CAA. 67 FR 2811. 

On April 3, 2009 and September 9, 

2016, New Jersey adopted amendments 

to its enhanced I/M Program. The EPA 

approved these amendments into the 

SIP. 83 FR 21174 (May 9, 2018). 

Emission Statement Program 

Certification 

In New Jersey’s January 2018 

submittal, the State certifies that its 

state-wide rules at N.J.A.C. 7:27–21 

satisfy Federal requirements for an 

emission statement program for the 

2008 75 ppb 8-hour ozone NAAQS. The 

EPA most recently approved a revision 

to Subchapter 21 into the SIP on August 

3, 2010.10

The EPA stated in the 2008 ozone 

implementation rule that if an area has 

a previously approved emission 

statement rule in force for the 1997 

ozone NAAQS or the 1-hour ozone 

NAAQS that covers all portions of the 

nonattainment area for the 2008 ozone 

NAAQS, such rule should be sufficient 

for purposes of the emissions statement 

requirement for the 2008 ozone NAAQS. 

N.J.A.C. 7:27–21 requires the 

submission of annual emission 

statements from major facilities. From 

these statements, the Department 

develops reports of emissions of all 

criteria pollutants and submits them to 

the EPA pursuant to the Federal Air 

Emission Reporting Requirements 

(AERR) Rule for uploading to the EPA’s 

National Emission Inventory (NEI). 

Federal Nonattainment New Source 

Review (NNSR) Program Certification 

In New Jersey’s January 2018 

submission, the State certifies that its 

existing state-wide NNSR rules codified 

at N.J.A.C. 7:27–18, which regulate the 

New Jersey portions of the Northern NJ– 

NY–CT and Southern NJ–PA–DE–MD 

Nonattainment Areas for the 2008 75 

ppb 8-hour ozone NAAQS are at least as 

stringent as the Federal requirements at 

40 CFR 51.165 for ozone and its 

precursors. See 80 FR 12264 (March 6, 

2015). The EPA most recently approved 

a revision to Subchapter 18 into the SIP 

on July 25, 1996.11 New Jersey’s 

demonstration that its NNSR rules 

comply with the ozone specific Federal 

provisions is provided in Table 8–2 of 

its submission. 

IV. What is the EPA’s evaluation of 

New Jersey’s SIP submittals? 

New Jersey submitted a state-wide 

RACT assessment on June 11, 2015. The 

RACT submission from New Jersey 

consists of: (1) A certification that 

previously adopted RACT controls in 

New Jersey’s SIP for various source 

categories that were approved by the 

EPA under the 1-hour and the 1997 8- 

hour ozone standards are based on the 

currently available technically and 

economically feasible controls and that 

they continue to represent RACT for the 

2008 8-hour ozone standard for 

implementation purposes; (2) New 

Jersey’s 14 existing case-by-case source 

specific limits, approved by the EPA for 

the 1997 8-hour ozone standard, which 

New Jersey indicates continue to meet 

RACT for the 2008 8-hour ozone 

standard; (3) a negative declaration that 

for certain CTGs and/or ACTs there are 

no sources within New Jersey or that 

there are no sources within New Jersey 

above the applicability threshold; and 

(4) a commitment to revise and adopt, 

and submit as a SIP revision, a new or 

more stringent regulation(s), 

incorporating four CTGs, if determined 

to be more effective than current New 

Jersey requirements, and to consider 

further limiting NOX emissions from 

natural gas compressor engines and 

turbines. New Jersey’s December 14, 

2017 submittal addresses the 

commitment for the four CTGs and two 

ACTs. New Jersey’s January 8, 2018 SIP 

revision submittal certified, among 

other things, that the State’s NOX RACT, 

VOC RACT, enhanced I/M program, 

emission statement program and ozone 

specific provisions NNSR program 

satisfy Federal regulations and are at 

least as stringent as the Federal 

requirements. 

The EPA has reviewed New Jersey’s 

RACT analysis including the state-wide 

RACT analysis submitted on June 11, 

2015, the December 14, 2017 revisions 

and the January 2, 2018 certification 

that the State has adopted all applicable 

NOX RACT and VOC RACT. EPA 

proposes to find that these submissions 

fully address the OTR RACT 

requirements, the moderate RACT 

requirements for the NYMA and address 

the RACT requirements consistent with 

sections 172(c)(1), 182(b)(2) and 182(f) 

of the CAA, as interpreted by the EPA’s 

regulations, guidance and policies. Also, 

the EPA has reviewed portions of New 

Jersey’s January 2, 2018 SIP submittal 

that certify the State has satisfied the 

requirements for an enhanced motor 

vehicle I/M program, an emission 

statement program and an ozone 

specific provisions NNSR program, and 

the EPA is proposing to approve the 

State’s certifications. 

V. What action is the EPA proposing? 

The EPA has evaluated the 

information provided by New Jersey and 

is proposing to approve New Jersey’s 

state-wide RACT submittal dated June 

11, 2015 and the State’s December 14, 

2017 SIP revision rule, which include a 

declaration that the following sourcespecific categories either do not exist in 

this State, or fall below significant 

emission unit applicability thresholds 

in the CTGs: (1) Manufacture of 

Vegetable Oils; (2) Manufacture of 

Pneumatic Rubber Tires; (3) Aerospace 

Coatings; (4) Shipbuilding and Ship 

Repair Operations; (5) Metal Furniture 

Coatings; (6) Large Appliance Coatings; 

and (7) Auto and Light Duty Truck 

Original Equipment Manufacturer 

(OEM) Assembly Coatings. The 

submittals also include amendments to 

N.J.A.C. 7:27, Subchapter 16, ‘‘Control 

and Prohibition of Air Pollution by 

Volatile Organic Compounds,’’ 

Subchapter 19, ‘‘Control and Prohibition 

of Air Pollution by Oxides of 


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12State Effective dates for both rules is November 

6, 2017 (49 N.J.R. 3518). 

Nitrogen,’’ 12 for purposes of satisfying 

the 2008 8-hour ozone standard RACT 

requirements, NOX RACT for major 

sources, Non-CTG VOC RACT for major 

sources, all VOC CTG RACT sources 

and relevant OTR RACT requirements. 

The EPA is also proposing to approve 

portions of New Jersey’s January 2, 2018 

SIP revision that certifies the State has 

satisfied the requirements for an 

enhanced motor vehicle I/M program, 

an emission statement program, an 

ozone specific provisions NNSR 

program. As indicated in footnote 5, 

above, the EPA will address the 

remainder of the January 2, 2018 SIP 

submittal in a separate rulemaking. 

The EPA is soliciting public 

comments on the issues discussed in 

this proposal. These comments will be 

considered before the EPA takes final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments as discussed in the 

ADDRESSES section of this rulemaking. 

VI. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference of 

revisions to Title 7, Chapter 27: 

Subchapters 16 and 19 of the New 

Jersey Administrative Code that 

implements New Jersey’s RACT 

regulations for VOCs and NOX, as 

described in section III of this preamble. 

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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) and 13563 (76 FR 382, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are exempt 

under Executive Order 12866; 

• 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 CAA; 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 proposed rulemaking 

action, pertaining to New Jersey’s 2008 

8-hour ozone RACT submission the is 

not approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen Dioxide, 

Intergovernmental Relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

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

Dated: July 23, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–16378 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0550; FRL–9981– 

60—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2018 Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of West Virginia. 

This revision updates the effective date 

by which the state incorporates by 

reference the national ambient air 

quality standards (NAAQS) as well as 

their monitoring reference and 

equivalent methods. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 30, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2018–0550 at http://

www.regulations.gov, or via email to 

spielberger.susan@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 


daltland on DSKBBV9HB2PROD with PROPOSALS