Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45483 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0161; FRL–9175–7] 

Approval and Promulgation of 

Implementation Plans; Implementation 

Plan Revision; State of New Jersey 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approvinga request 

from the State of New Jersey to revise its 

State Implementation Plan (SIP) to 

incorporate amendments to Subchapter 

4 ‘‘Control and Prohibition of Particles 

from Combustion of Fuel,’’ Subchapter 

10 ‘‘Sulfur in Solid Fuels,’’ Subchapter 

16 ‘‘Control and Prohibition of Air 

Pollution by Volatile Organic 

Compounds,’’ Subchapter 19 ‘‘Control 

and Prohibition of Air Pollution from 

Oxides of Nitrogen,’’ and related 

amendments to Subchapter 21 

‘‘Emission Statements.’’ The 

amendments relate to the control of 

oxides of nitrogen (NOx), sulfur dioxide 

(SO2), particles and volatile organic 

compounds (VOCs) from stationary 

sources. 

This SIP revision consists of control 

measures needed to meet the State’s 

commitment to adopt additional 

reasonably available control technology 

(RACT) rules that address RACT 

requirements for the 1997 national 

ambient air quality standards for ozone. 

Additionally, the SIP revision includes 

control measures that will help the State 

meet the national ambient air quality 

standards for fine particles. 

The intended effect of this action is to 

approve the State control strategy, 

which will result in emission reductions 

that will help achieve attainment of the 

national ambient air quality standards 

for ozone and fine particles required by 

the Clean Air Act (the Act). 

DATES: Effective Date: This rule is 

effective on September 2, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–0161. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan (truchan.paul@epa.gov) 

concerning Subchapters 16 and 21, 

Anthony (Ted) Gardella 

(gardella.anthony@epa.gov) concerning 

Subchapter 19, and Kenneth Fradkin 

(fradkin.kenneth@epa.gov) concerning 

Subchapters 4 and 10, at the Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. What supplemental SIP information did 

New Jersey submit? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What are EPA’s conclusions? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

On April 21, 2009, as supplemented 

on May 7, 2010, New Jersey submitted 

a proposed revision to the State 

Implementation Plan (SIP) that includes 

amendments to New Jersey 

Administrative Code, Title 7: Chapter 27 

(NJAC 7:27) Subchapter 4 ‘‘Control and 

Prohibition of Particles from 

Combustion of Fuel;’’ Subchapter 8 

‘‘Permits and Certificates for Minor 

Facilities (and Major Facilities Without 

an Operating Permit);’’ Subchapter 10 

‘‘Sulfur in Solid Fuels;’’ Subchapter 16 

‘‘Control and Prohibition of Air 

Pollution by Volatile Organic 

Compounds;’’ Subchapter 19 ‘‘Control 

and Prohibition of Air Pollution from 

Oxides of Nitrogen;’’ and Subchapter 21 

‘‘Emission Statements.’’ 

EPA is approving the State 

amendments to Subchapter 4 and 

Subchapter 10 as revisions to the SIP. 

These amendments relate to the control 

of particle and sulfur dioxide emissions 

and will help the State make advances 

towards reducing regional haze and 

meeting the national ambient air quality 

standards (NAAQS) for fine particles. 

EPA will review Subchapter 8 and 

will address the approvability of all 

Subchapter 8 amendments in a future 

action. 

EPA is approving, as revisions to the 

New Jersey ozone SIP, the State-adopted 

amendments to Subchapter 16 and 

Subchapter 19, and related amendments 

to Subchapter 21, each adopted by New 

Jersey on March 20, 2009, and 

submitted to EPA on April 21, 2009 and 

as supplemented on May 7, 2010. New 

Jersey amended Subchapter 16 and 

Subchapter 19 to meet the State’s 

commitment to adopt additional RACT 

rules for 12 of 13 source categories (see 

74 FR 2945, January 16, 2009), which 

will result in additional emission 

reductions of NOx and VOCs. New 

Jersey’s State-adopted Subchapters 16 

and 19, and the related amendments to 

Subchapter 21, are fully approvable as 

SIP-strengthening measures for New 

Jersey’s ozone SIP. The amendments to 

Subchapters 16, 19 and 21 in New 

Jersey’s submittal meet the State’s 

commitment to adopt additional RACT 

control measures for 12 of 13 source 

categories to achieve additional 

emission reductions of NOx and VOCs 

to attain the 8-hour ozone standard. The 

one remaining source category, 

adhesives and sealants, will be 

addressed in a separate rulemaking. 

For additional details on EPA’s 

analysis and findings the reader is 

referred to the proposal published in the 

April 23, 2010 Federal Register (75 FR 

21197) and a more detailed discussion 

as contained in the Technical Support 

Document which is available on line at 

http://www.regulations.gov, Docket 

number EPA–R02–OAR–2010–0161. 

II. What supplemental SIP information 

did New Jersey submit? 

On May 7, 2010, New Jersey 

submitted to EPA a supplement to the 

State’s proposed SIP revision dated 

April 21, 2009. The supplement consists 

of two administrative changes to 

Subchapter 19 and includes a copy of 

the changes as published in the New 

Jersey Register (NJR) and the updated 

version of Subchapter 19. The specific 

administrative changes to Subchapter 19 

are as follows: (1) At section 7:27–19.1, 

the definition of ‘‘interim period’’ is 

changed to correct an erroneous date 

and now correctly limits the end date of 

the ‘‘interim period’’ for phased 

compliance for reasons of practicability 

pursuant to section 19.22 to no later 

than May 19, 2010 (41 NJR 2648(c), 

dated July 6, 2009); and (2) at section 

7:27–19.29(b)2, the deadline for owners/ 

operators of High Electric Demand Day 

(HEDD) units to submit the 2009 HEDD 

Emission Reduction Compliance 

Demonstration Protocol (‘‘2009 

Protocol’’) is corrected and shortened to 

the rule operative date of May 19, 2009 

(41 NJR 2470(a), dated June 15, 2009). 

The first administrative change 

regarding the definition of ‘‘interim 

period’’ addresses EPA’s comment in the 


erowe on DSK5CLS3C1PROD with RULES
45484 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 

April 23, 2010 proposal (see section 

I.I.5) regarding an inconsistency 

between two provisions. The second 

administrative change clarifies when the 

2009 Protocol is required to be 

submitted by owners/operators of HEDD 

units regulated under section 19.29 of 

Subchapter 19. EPA agrees with these 

changes. 

This supplement to the SIP is 

included in the Docket and may be 

viewed by the reader at http:// 

www.regulations.gov. 

III. What comments did EPA receive in 

response to its proposal? 

No comments were received on EPA’s 

April 23, 2010 proposal. 

IV. What are EPA’s conclusions? 

EPA has evaluated New Jersey’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. The 

new control measures will strengthen 

the SIP by providing additional NOx, 

SO2, fine particulate, and VOC emission 

reductions that the State committed to 

achieve. Accordingly, EPA is approving 

the revisions to Subchapters 4, 10, 16, 

19, and related revisions to Subchapter 

21, as adopted on March 20, 2009 and 

July 6, 2009, except that EPA is 

continuing to not act on the phased 

compliance plans by repowering and 

innovative control in sections 19.21 and 

19.23, respectively. In addition, EPA has 

determined that New Jersey has met the 

requirement to adopt NOx RACT and 

EPA is removing 40 CFR 52.1576, 

relating to a prior finding that NOx

RACT was not included in the New 

Jersey SIP. At a later date, EPA will act 

on Subchapter 8, as adopted by New 

Jersey on March 20, 2009. 

With the adoption of Subchapters 16, 

19 and 21, New Jersey has fulfilled its 

commitment to adopt additional RACT 

control measures for 12 of 13 source 

categories to achieve additional 

emission reductions of NOx and VOCs 

to attain the 8-hour ozone standard. The 

one remaining source category, 

adhesives and sealants, will be 

addressed in a separate rulemaking. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 4, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: July 2, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

■ 2. Section 52.1570 is amended by 

adding new paragraph (c)(88) to read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

(88) A revision submitted on April 21, 

2009, as supplemented on May 7, 2010, 

by the New Jersey Department of 

Environmental Protection (NJDEP) that 

establishes revised control measures for 

achieving additional reductions of NOx, 

SO2, fine particulate, and VOC 

emissions from stationary sources that 

will help achieve attainment of the 

national ambient air quality standard for 

ozone and fine particles, as well as help 

to reduce regional haze. 

(i) Incorporation by reference: 

(A) New Jersey Administrative Code, 

Title 7, Chapter 27 (NJAC 7:27): 

Subchapter 4 ‘‘Control and Prohibition 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45485 

of Particles from Combustion of Fuel’’ 

with an effective date of April 20, 2009; 

Subchapter 10 ‘‘Sulfur in Solid Fuels’’ 

with an effective date of April 20, 2009; 

Subchapter 16 ‘‘Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds’’ with an effective date of 

April 20, 2009; Subchapter 19 ‘‘Control 

and Prohibition of Air Pollution from 

Oxides of Nitrogen’’ with an effective 

date of July 6, 2009 (including two 

Administrative Corrections published in 

the New Jersey Register on June 15, 

2009 and July 6, 2009); and Subchapter 

21 ‘‘Emission Statements’’ with an 

effective date of April 20, 2009. 

(ii) Additional information: 

(A) Letter dated April 21, 2009 from 

Acting Commissioner Mark N. 

Mauriello, NJDEP, to George Pavlou, 

Acting Regional Administrator, EPA 

Region 2, submitting the SIP revision for 

Subchapters 4, 8, 10, 16, 19 and 21. 

(B) Letter dated May 7, 2010 from 

Director William O’Sullivan, NJDEP, to 

Barbara Finazzo, Director, Division of 

Environmental Planning and Protection, 

EPA Region 2, submitting supplemental 

SIP information for Subchapter 19. 

■ 3. Section 52.1605 is amended by 

revising the table entries, under Title 7, 

Chapter 27: for Subchapters 4, 10, 16, 

19, and 21, to read as follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective date EPA approved date Comments 

*******

Title 7, Chapter 27: 

*******

Subchapter 4, ‘‘Control and 

Prohibition of Particles 

from Combustion of 

Fuel.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

* * * * * * * 

Subchapter 10, ‘‘Sulfur in 

Solid Fuels.’’ 

April 20, 2009 ..................... August 3, 2010, 2009 [Insert Federal Register 

page citation].

Notification of ‘‘large zone 3 coal conversions’’ must be 

provided to EPA (40 CFR 52.1601(b)). 

* * * * * * * 

Subchapter 16, ‘‘Control 

and Prohibition of Air 

Pollution by Volatile Organic Compounds.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

* * * * * * * 

Subchapter 19, ‘‘Control 

and Prohibition of Air 

Pollution from Oxides of 

Nitrogen.’’ 

July 6, 2009, as corrected 

on June 15, 2009 and 

July 6, 2009.

August 3, 2010 [Insert 

Federal Register page 

citation].

Subchapter 19 is approved into the SIP except for the 

following provisions: (1) phased compliance plan 

through repowering in §§19.21 that allows for implementation beyond May 1, 1999; and (2) phased compliance plan through the use of innovative control 

technology in §§19.23 that allows for implementation 

beyond May 1, 1999. 

* * * * * * * 

Subchapter 21, ‘‘Emission 

Statements.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

Section 7:27–21.3(b)(1) and 7:27–21.3(b)(2) of New 

Jersey’s Emission Statement rule requires facilities to 

report on the following pollutants to assist the State 

in air quality planning needs: hydrochloric acid, hydrazine, methylene chloride, tetrachlorethylene, 1, 1, 

1 trichloroethane, carbon dioxide and methane. EPA 

will not take SIP-related enforcement action on these 

pollutants. 

* * * * * * * 

§ 52.1576 [Reserved] 

■ 4. Section 52.1576 is removed and 

reserved. 

[FR Doc. 2010–18887 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0590; FRL–9184–6] 

Determination of Attainment for PM10

for the Las Vegas Valley 

Nonattainment Area, NV 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Las Vegas Valley nonattainment area in 

Nevada attained the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) by the 

applicable attainment date (December 

31, 2006), and that the Las Vegas Valley 

nonattainment area is currently 

attaining the standard. 

DATES: This action is effective on 

October 4, 2010 without further notice, 


erowe on DSK5CLS3C1PROD with RULES