Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28063

New York State regulation State effective date

Latest EPA approval

date Comments

EPA is including the definition of ‘‘federally enforceable’’ with the understanding that (1) the

definition applies to provisions of a Title V permit that are correctly identified as federally enforceable, and (2) a source accepts operating

limits and conditions to lower its potential to

emit to become a minor source, not to ‘‘avoid’’

applicable requirements.

EPA is approving incorporation by reference of

those documents that are not already federally

enforceable.

*******

Part 204, NOX Budget Trading Program ................ 2/25/00 5/22/01 66 FR 28063 .... Incorporates NOX SIP Call and NOX Budget

Trading Program for 2003 and thereafter.

*******

Subpart 227–1, Stationary Combustion Installations.2/25/00 5/22/01 66 FR 28063 .... Renumbered sections 227–1.2(a)(2), 227–1.4(a),

and 227–1.4(d) continue to be disapproved according to 40 CFR 52.1678(d) and 52.1680(a).

(New York repealed existing Part 227.5.)

Subpart 227–2, Reasonably Available Control

Technology (RACT) for Oxides of Nitrogen

(NOX).

2/25/00 5/22/01 66 FR 28063 ....

Subpart 227–3, Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program.3/5/99 5/22/01 66 FR 28063 .... Approval of NOX Budget Trading Program for

1999, 2000, 2001 and 2002. NOX caps in the

State during 2003 and thereafter established in

Part 204.

*******

[FR Doc. 01–12700 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ44–220; FRL–6979–

1]

Approval and Promulgation of

Implementation Plans; New Jersey;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan (SIP) revision

submitted by the State of New Jersey.

This SIP revision meets the

requirements of the EPA’s regulation

entitled, ‘‘Finding of Significant

Contribution and Rulemaking for

Certain States in the Ozone Transport

Assessment Group Region for Purposes

of Reducing Regional Transport of

Ozone,’’ known as the ‘‘NOX SIP Call.’’

The SIP revision includes a narrative

and a regulation that establish a

statewide nitrogen oxides (NOX) budget

and a NOX allowance trading program

that begins in 2003 for large electricity

generating and industrial sources. The

intended effect of this SIP revision is to

reduce emissions of NOX in order to

help attain the national ambient air

quality standard for ozone. EPA is

approving this action pursuant to

section 110 of the Clean Air Act. In

addition, as a result of today’s action,

the Clean Air Act section 126 rule

requirements will no longer apply to

sources in the State of New Jersey.

EFFECTIVE DATE: This rule will be

effective June 21, 2001.

ADDRESSES: Copies of the state submittal

are available at the following addresses

for inspection during normal business

hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New Jersey Department of

Environmental Protection, Office of

Air Quality Management, Bureau of

Air Pollution Control, 401 East State

Street, CN027, Trenton, New Jersey

08625.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ted

Gardella at (212) 637–3892 for general

information, Rick Ruvo at (212) 637–

4014 for information on the Trading

Program, or Demian Ellis at (212) 637–

3713 for information on the Budget

Demonstration, all of the Air Programs

Branch, Region II Office.

SUPPLEMENTARY INFORMATION:

Overview

The Environmental Protection Agency

(EPA) is approving the New Jersey

Department of Environmental

Protection’s (New Jersey’s) Nitrogen

Oxides ( NOX) SIP Call State

Implementation Plan (SIP) revision. The

following table of contents describes the

format for this SUPPLEMENTARY

INFORMATION section:

I. EPA’s Action

A. What action is EPA approving today?

B. Why is EPA approving this action?

C. What is Phase 2 of the NOX SIP Call and

how does it relate to today’s action?

D. What is the impact of today’s action on

EPA’s finding under the Clean Air Act

section 126 rule?

E. When did EPA propose to approve New

Jersey’s SIP revision?

F. What are the public comments on EPA’s

proposal?

G. Where is additional information

available on EPA’s action?

II. Conclusion

III. Administrative Requirements

I. EPA’s Action

A. What action is EPA approving today?

EPA is approving revisions to New

Jersey’s ground level ozone SIP which

New Jersey submitted on December 10,

28064 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

1Alabama, Connecticut, Delaware, District of

Columbia, Georgia, Illinois, Indiana, Kentucky,

Massachusetts, Maryland, Michigan, Missouri,

North Carolina, New Jersey, New York, Ohio,

Pennsylvania, Rhode Island, South Carolina,

Tennessee, Virgnia, and West Virginia.

1999 and July 31, 2000. These SIP

revisions include an amended

regulation, N.J.A.C. 7:27–31 (Subchapter

31), ‘‘ NOX Budget Program,’’ adopted

July 28, 2000, and a narrative entitled,

‘‘State Implementation Plan (SIP)

Revision for the Attainment and

Maintenance of the Ozone and Carbon

Monoxide National Ambient Air Quality

Standards-Meeting the Requirements of

the Regional NOX Cap Program and

Transportation Conformity Budgets

Related to the Attainment of the Ozone

and Carbon Monoxide National

Ambient Air Quality Standards,’’ dated

December 10, 1999 and supplemented

on July 31, 2000. New Jersey submitted

the regulation and narrative, including

NOX reducing measures, in order to

strengthen its one-hour ozone SIP and to

comply with the NOX SIP Call during

each ozone season, i.e., May 1 through

September 30, beginning in 2003. EPA

has determined that New Jersey’s

submittal is fully approvable as a SIPstrengthening measure for New Jersey’s

one-hour ground level ozone SIP and as

meeting the NOX SIP Call requirements.

On May 31, 2000, EPA found the mobile

source emissions budgets to be adequate

for transportation conformity purposes.

(See 65 FR 36689, June 9, 2000).

B. Why is EPA approving this action?

EPA is approving this action in order

to:

• Approve New Jersey’s NOX Budget

Trading Program (Subchapter 31) under

the NOX SIP Call as a control program

that reduces NOX emissions, a precursor

of ozone, and which therefore helps to

achieve the national ambient air quality

standard for ozone in nonattainment

areas in New Jersey,

• Fulfill New Jersey’s and EPA’s

requirements under the NOX SIP Call,

• Make New Jersey’s NOX allowance

trading regulation federally enforceable

and available for credit in the SIP, and

• Make New Jersey’s SIP narrative,

including the ozone season NOX budget

and State reporting requirements,

federally enforceable as part of the New

Jersey SIP.

These actions have the effect of

assuring that the section 126

requirements will no longer apply to

New Jersey sources.

C. What is Phase 2 of the NOX SIP Call

and how does it relate to today’s action?

On March 3, 2001, the Circuit Court

of the District of Columbia handed

down its decision in Michigan v. EPA,

which largely upheld the NOX SIP Call

but remanded a few minor issues to

EPA.

After this decision, EPA decided to

separate the requirements of the

regional strategy into two phases. The

deadline for states to submit their plans

to comply with Phase 1 of the strategy

was October 30, 2000. Details of Phase

1 were outlined in April 11, 2000 letters

to Governors in the affected states,

including New Jersey. New Jersey met

the Phase 1 SIP submittal requirements

by its December 1999 and July 2000 SIP

revisions.

On January 5, 2001, the outgoing

Administrator signed a notice of

proposed rulemaking for Phase 2 of the

NOX SIP Call. This notice was placed on

EPA’s website at http://www.epa.gov/

ttn/rto/sip/related.html#prop but has

not been published pending further EPA

evaluation. Phase 2 is designed to

respond to issues remanded by the court

by addressing, among other things,

whether, and if so, how, a small

subclass of facilities that generate

electricity—cogenerators—should be

included in the rule, and what control

levels should be assumed in reducing

NOX from large, stationary internal

combustion (IC) engines. The proposal

would affect 22 jurisdictions 1,

including New Jersey, and would

identify a range of due dates for the

affected states subject to Phase 2 to

submit a SIP revision.

EPA fully expects that the Phase 2

proposed rule would have no more than

a slight effect on New Jersey Statewide

NOX emission budgets. In the January 5,

2001 version of EPA’s notice of

proposed rulemaking, New Jersey’s

Phase 2 Statewide 2007 NOX emissions

budget would be 96,876 tons. The

corresponding Phase 2 NOX emission

reductions from the 2007 baseline

emissions would be 8,613 tons. New

Jersey’s December 1999 and July 2000

SIP revisions, which EPA is approving

today, includes a demonstration,

including a detailed emission inventory,

that the Statewide emissions would not

exceed 96,275 tons in 2007

corresponding to NOX reductions of

9,214 tons (see 65 FR 71278 and 77695).

Therefore, EPA fully expects that New

Jersey’s December 1999 and July 2000

SIP revisions will meet the Phase 2

Statewide budgets when finalized by

EPA.

Therefore, in today’s action EPA is

also approving New Jersey’s December

1999 and July 2000 SIP revisions as

fully meeting the NOX SIP Call

requirements including the Phase 2

Statewide NOX emissions budget that

will apply when the Phase 2 rulemaking

is completed. EPA recognizes that its

Phase 2 rulemaking has not been

completed, but as noted above, fully

expects that the final Statewide budget

promulgated in that rulemaking will be

no more stringent than New Jersey’s

current budget. Once EPA finalizes the

Phase 2 rule, should New Jersey’s

adopted 2007 NOX emissions budget (as

submitted in December 1999 and July

2000) exceed the final Phase 2 budget

(so that additional NOX reductions are

needed), EPA will take appropriate

action.

D. What is the impact of today’s action

on EPA’s finding under the Clean Air

Act section 126 rule?

As stated in the November 30, 2000

Proposed Rulemaking (see 65 FR 71278

at 71282), a SIP meeting the March 2,

2000 budgets and providing for

reductions by May 1, 2003, should fully

address the significant NOX transport

from that state. Therefore, upon

approval of such a SIP, § 52.34(i) of the

section 126 rule would apply to

automatically withdraw the section 126

requirements for sources in that state.

As noted immediately above, EPA has

no reason to expect that the Phase 2

budget for New Jersey, when finalized,

will mandate any additional NOX

reductions. Thus, meeting the March 2,

2000 budget is adequate for New

Jersey’s SIP to meet the NOX SIP Call

requirements. Since the New Jersey SIP

revision meets the March 2, 2000

budgets, provides for reductions by May

1, 2003, and is fully approved today as

proposed, the section 126 requirements

are automatically withdrawn, as of the

effective date of this final rule, for

sources in the State of New Jersey

pursuant to 40 CFR 52.34(i).

E. When did EPA propose to approve

New Jersey’s SIP revision?

On November 30, 2000, as corrected

on December 12, 2000, EPA published

in the Federal Register (65 FR 71278

and corrected at 77695) a Proposed

Rulemaking to approve New Jersey’s

regulation and SIP narrative as a SIP

revision and providing for a 30-day

public comment period, which ended

on January 2, 2001.

F. What are the public comments on

EPA’s proposal?

EPA received no public comments

regarding the Proposed Rulemaking.

G. Where is additional information

available on EPA’s action?

A detailed discussion of this program

is available in the November 30, 2000

Proposed Rulemaking (65 FR 71278), as

corrected in the December 12, 2000

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28065

Federal Register (65 FR 77695). A

Technical Support Document, prepared

in support of the proposed rulemaking,

contains the full description of New

Jersey’s submittal and EPA’s evaluation.

A copy of the Technical Support

Document is available upon request

from the EPA Regional Office listed in

the ADDRESSES section.

II. Conclusion

EPA is approving New Jersey’s

December 10, 1999 and July 31, 2000

SIP submittals, including New Jersey’s

July 31, 2000 supplement, that address

EPA’s NOX SIP Call. EPA has reviewed

New Jersey’s control measures and

projected reductions and finds them

approvable. Therefore, EPA is approving

Subchapter 31 and the SIP narrative into

the New Jersey SIP at this time. In

addition, as a result of today’s action,

the Clean Air Act section 126 rule

requirements will no longer apply to

sources in the State of New Jersey.

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

This rule also does not have 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), nor

will this rule 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), because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This rule also is not subject to

Executive Order 13045 (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 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 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 rule 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. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2). This rule will be effective June

21, 2001.

Petitions for Judicial Review

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 July 23, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: May 7, 2001.

William J. Muszynski,

Acting 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)(70) to read as

follows:

§ 52.1570 Identification of plan.

* * * * *

(c) * * *

(70) Revisions to the State

Implementation Plan submitted on

December 10, 1999 and July 31, 2000 by

the State of New Jersey Department of

Environmental Protection that

establishes the NOX Budget Trading

Program, a 2007 Statewide NOX

emissions budget, and a commitment by

New Jersey to comply with the section

51.122 reporting requirements.

(i) Incorporation by reference:

(A) Regulation Subchapter 31 of Title

7, Chapter 27 of the New Jersey

Administrative Code, entitled ‘‘NOX

Budget Program,’’ adopted on July 31,

2000 and effective on August 21, 2000.

(ii) Additional material:

(A) Letter from State of New Jersey

Department of Environmental Protection

dated December 10, 1999, requesting

EPA approval of the Ozone SIP, entitled

‘‘State Implementation Plan (SIP)

28066 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

Revision for the Attainment and

Maintenance of the Ozone and Carbon

Monoxide National Ambient Air Quality

Standards; Meeting the Requirements of

the Regional NOX Cap Program and

Transportation Conformity Budgets

Related to the Attainment of the Ozone

and Carbon Monoxide National

Ambient Air Quality Standards;

December 1, 1999,’’ as a revision to the

State of New Jersey Implementation

Plan for ozone.

(B) Letter from State of New Jersey

Department of Environmental Protection

dated July 31, 2000, requesting EPA

approval of the NOX Budget Program as

a revision to the New Jersey State

Implementation Plan for ozone. This

submittal also contains 2007 State-wide

NOX emissions budget information that

is supplemental to the December 10,

1999 SIP submittal.

* * * * *

3. Section 52.1605 is amended by

revising the entry under Title 7, Chapter

27 for Subchapter 31 in the table 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 31, NOX Budget Program ......... Aug. 21, 2000 ... 5/22/01 66 FR 28066 ................. Incorporates NOX SIP Call and NOX Budget Trading Program for 1999 through

2003 and thereafter.

*******

[FR Doc. 01–12699 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 266

[FRL–6976–6]

RIN 2090–AA15

Project XL Site-Specific Rulemaking

for US Filter Recovery Services

Roseville, Minnesota and Generators

and Transporters of USFRS XL Waste

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule and final project

agreement.

SUMMARY: The Environmental Protection

Agency (EPA) will implement a project

under its Project XL (which stands for

eXcellence and Leadership) program

that will provide regulatory flexibility

under the Resource Conservation and

Recovery Act (RCRA), as amended, for

the US Filter Recovery Services

(USFRS) facility located at 2430 Rose

Place, Roseville, Minnesota, 55113 and

approved Minnesota generators and

transporters of electroplating waste

waters. The purpose of the USFRS XL

Project is to encourage the use of

USFRS’ waste water treatment ion

exchange resin process and thereby

increase the recycling of metals derived

from the treatment of electroplating

waste waters subjected to this process.

It may also result in the reduction in the

use of potable water and energy savings.

To achieve these objectives, this rule

once adopted by the State of Minnesota

would replace existing RCRA hazardous

waste requirements for the handling of

the spent materials in the ion exchange

resin process (i.e., the resins and filters)

at approved generators and transporters

with a comprehensive program designed

and implemented by USFRS to properly

treat, recycle, store and transport these

wastes. The overall terms of this XL

Project are contained in the Final

Project Agreement (FPA) and the new

rules adopted today. The FPA is

available at the RCRA Docket in

Washington D.C. in the EPA Region V

library, at USFRS, and on the world

wide web at http://www.epa.gov/

projectxl/.

DATES: This final rule is effective

November 23, 2001. For judicial review

purposes, this rule is promulgated as of

1:00 p.m. (Eastern Daylight Time) on

May 22, 2001.

ADDRESSES: A docket containing the

rule, FPA and supporting materials is

available for public inspection and

copying at the RCRA Information Center

Docket Clerk (5305G), U.S.

Environmental Protection Agency, 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460—Docket Number

F–2000–FRSP–FFFFF and the U.S.

Environmental Protection Agency,

Region V, Waste, Pesticides and Toxics

Division, (DRP–8J), 77 West Jackson,

Chicago, Illinois, 60604. Contact Mr.

Robert Egan at (312) 886–6212.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Egan at EPA, Region V, Waste,

Pesticides and Toxics Division (DRP–

8J), 77 West Jackson, Chicago, Illinois

60604, (312) 886–6212. Further

information on today’s action may also

be obtained on the world wide web at:

http://www.epa.gov/projectxl/.

SUPPLEMENTARY INFORMATION: On August

17, 2000, the Environmental Protection

Agency (EPA) proposed a site-specific

rule (65 FR 50283) that set forth the

mechanisms through which USFRS and

participating generators and transporters

can test the effectiveness of an

integrated, flexible, performance-based

approach for managing ion exchange

filter resins (‘‘resins’’) and associated

wastes to determine whether this

approach promotes an increase in the

recovery and recycling of metals from

electroplating operations, a reduction in

the amount of hazardous chemicals

which are discharged to the local

publicly owned treatment works

(POTWs) and the amount of water used

in the manufacturing process. The

development and implementation of the

USFRS XL Project will be piloted at

USFRS and at approved generators and

transporters of USFRS resin wastes. The

approved generators and transporters

will handle, store and transport the

resin wastes in accordance with specific

standards contained in new part 266,

subpart O of Title 40 of the Code of

Federal Regulations (‘‘subpart O’’).

These requirements would operate in

lieu of the requirements imposed under

parts 261–265, 268, 270, 273 and 279 of

Title 40 of the Code of Federal

Regulations. As a result, it is anticipated

that there will be an increase in the

recovery and recycling of metals from

the electroplating waste waters and that

the generators will reduce their

discharge of process waste waters to

local POTWs. USFRS will handle the

resin wastes as hazardous waste and in

accordance with subpart O and its

RCRA hazardous waste permit. The rule

imposes on USFRS additional reporting

and handling requirements in exchange

for the regulatory flexibility provided to

the generators and transporters.