Approval and Promulgation of Implementation Plan; New Jersey Emission Statement Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 125, NJ-14-1-6160; FRL-4857-7]

Approval and Promulgation of Implementation Plan; New Jersey

Emission Statement Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to

approve the State Implementation Plan (SIP) revision submitted by the

State of New Jersey on February 19, 1993 for the purpose of

implementing an Emission Statement Program for stationary sources in

New Jersey. The SIP was submitted by New Jersey to satisfy the Clean

Air Act requirements for stationary sources to report annually to the

State on their emissions of volatile organic compounds (VOCs) and

oxides of nitrogen (NOx) and for the State to make this data

available to EPA and the public.

DATES: Comments on this proposed action must be received on or before

May 4, 1994.

ADDRESSES: Comments should be addressed to:

William J. Muszynski, P.E., Acting Regional Administrator,

Environmental Protection Agency, Region II Office, 26 Federal Plaza,

New York, New York 10278.

Copies of the State's submittal are available for inspection during

normal business hours at the following locations:

Environmental Protection Agency, Region II Library, 26 Federal

Plaza, room 402, New York, New York 10278.

New Jersey Department of Environmental Protection and Energy,

Office of Air Quality Management, Bureau of Air Quality Planning, 401

East State Street, CN418, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs

Branch, Environmental Protection Agency, 26 Federal Plaza, room 1034A,

New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

Background

The air quality planning and SIP requirements for ozone

nonattainment and transport areas are established in subparts I and II

of part D of title I of the Clean Air Act, as amended in 1990 (the

Act). EPA has published a ``General Preamble'' and ``Appendices to the

General Preamble'' (see 57 FR 13498 (April 16, 1992), and 57 FR 18070

(April 28, 1992)) describing how EPA intends to review SIPs submitted

under title I of the Act.

EPA has also issued a draft guidance document entitled, ``Guidance

on the Implementation of an Emission Statement Program'' (July 1992),

describing the requirements for the Emission Statement Program

discussed in this rulemaking. The EPA is also conducting a rulemaking

process to modify 40 CFR part 52 to reflect the requirements of the

Emission Statement Program.

Section 182(a) establishes requirements for stationary sources to

prepare and submit to the state each year emission statements showing

actual emissions of VOCs and NOx. Further, states with ozone

nonattainment areas are required to submit a revision to their SIPs by

November 15, 1992 establishing this Emission Statement Program.

Facilities are required to submit their first emission statement to

a state within three years of promulgation of the Act and annually

thereafter.

If either VOC or NOx is emitted at or above the minimum

reporting level that is established in a state Emission Statement

Program, the other pollutant (NOx or VOC) from the same facility

should be included in the emission statement, even if the pollutant is

emitted at levels below the minimum reporting level.

Section 182(a)(3)(B)(ii) of the Act allows states to waive, with

EPA approval, the requirement for an emission statement for classes or

categories of sources with less than 25 tons per year of actual plant-

wide NOx and VOC emissions in nonattainment areas if the class or

category is included in the base year and periodic inventories and

emissions are calculated using emission factors established by EPA

(such as those found in EPA publication AP-42) or other methods

acceptable to EPA.

New Jersey's Submittal

On November 15, 1992, New Jersey submitted a SIP revision for ozone

which included a proposed Emission Statement Regulation. On February

19, 1993, New Jersey submitted a SIP revision containing the adopted

regulation, Subchapter 21, ``Emission Statements'' of Chapter 27, Title

7 of the New Jersey Administrative Code, effective April 20, 1993.

Subsequent to the February 19 submittal, a problem was identified with

New Jersey's enabling legislation. The enabling legislation, which did

not support the proposed regulation regarding confidentiality

provisions, was modified to conform to EPA's policy which does not

allow confidentiality of emissions data submitted as part of the

Emission Statement Program. This modified legislation was signed on

August 13, 1993 by the Governor of New Jersey. EPA has determined that

New Jersey now has the necessary authority to promulgate an Emission

Statement Regulation.

On May 24, 1993, New Jersey submitted a letter justifying the

exemption of gasoline dispensing facilities from the Emission Statement

Program, since none of the sources in this category exceeded the

applicable threshold. New Jersey has included emissions from these

exempted sources in the base year inventory and will continue to report

them in subsequent inventories. Further, on February 3, 1994, New

Jersey submitted a letter requesting a waiver from the Emission

Statement Program of all sources emitting below the applicable

threshold.

EPA's Findings

EPA has determined that an acceptable Emission Statement Program

must have several components. Specifically, a state must submit it as a

revision to its SIP, and the Emission Statement Program must meet the

minimum requirements for reporting as outlined in EPA's, ``Guidance on

the Implementation of an Emission Statement Program'' (July 1992). The

program must include, at a minimum, provisions for source

applicability, definitions, compliance, and specific source reporting

requirements.

EPA has concluded that the New Jersey program meets these

requirements. EPA's detailed review of New Jersey's Emission Statement

Program is contained in a technical support document available from the

source for further information identified at the beginning of this

document.

Applicability

In ozone nonattainment areas, facilities which emit VOC or NOx

in amounts of 25 tons per year or more must submit an emission

statement. The entire State of New Jersey is designated nonattainment

of the National Ambient Air Quality Standard for ozone. New Jersey's

regulation appropriately requires facilities anywhere in the State

actually emitting or having the potential to emit ten tons per year or

more of VOC or 25 tons per year or more of NOx to submit an annual

emission statement.

In accordance with the provision to waive reporting requirements,

New Jersey has requested a waiver from the Emission Statement Program

for sources emitting less than ten tons per year of plant-wide VOC and

less than 25 tons per year of plant-wide NOx. New Jersey has

included these sources of emissions (calculated using emission factors

established or approved by EPA) in the base year inventory and will

continue to do so in the periodic inventories. EPA has determined that

New Jersey has complied with the emission statement waiver provisions

outlined in EPA guidance. New Jersey has addressed the emission

statement applicability provisions in a manner that is acceptable to

EPA.

Definitions

The key definitions that New Jersey included in its Emission

Statement Regulation are consistent with the EPA guidance.

Compliance

All measures and other elements in the SIP must be enforceable by

the State and EPA. The EPA criteria addressing the enforceability of

SIPs and SIP revisions were stated in a September 23, 1987 memorandum

(with attachments) from J. Craig Potter, Assistant Administrator for

Air and Radiation (see 57 FR 13541). SIP provisions must also contain a

program that provides for enforcement of the control measures and other

elements in the SIP (see section 110(a)(2)(C)).

The State of New Jersey has a program in its SIP that will ensure

that the requirements of section 182(a)(3)(B) are adequately enforced.

New Jersey will continue to provide EPA with status reports which

outline the degree of compliance of sources and which indicate the

sources that have and have not met the provisions of the Emission

Statement Program. In addition, New Jersey has established penalty

amounts to be assessed for each reporting violation.

In letters dated June 24 and October 8, 1993, New Jersey provided

EPA with quarterly Emission Statement Status Reports. These reports

showed the total number of facilities from which emission data was

requested, the number of facilities that met, and that failed to meet

the provisions. Also in these reports, New Jersey provided a listing of

the facilities that did not comply with the emission statement

reporting requirements. New Jersey has included, as part of its

February 19, 1993 submittal, compliance schedules with appropriate

penalties for sources failing to comply. EPA has determined that New

Jersey has an adequate enforcement program in place to satisfy the

compliance requirements of an Emission Statement Program.

Reporting Requirements

In accordance with EPA requirements, New Jersey has required the

necessary source-supplied data elements from facilities. The survey

forms that New Jersey has provided to facilities for use in reporting

emission statement data are not EPA forms but require the necessary

data.

New Jersey submitted a letter on May 24, 1993 committing to meet

EPA's requirements on reporting by verifying facility-supplied data and

by submitting required data to EPA. New Jersey will submit facility and

state-supplied data to the Aerometric Information Retrieval System

(AIRS) on an annual basis.

Summary

EPA is proposing to approve this portion of the SIP submittal as

meeting the specific requirements for an Emission Statement Program.

Nothing in this proposed rule should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on small entities. Moreover, due to the

nature of the Federal-state relationship under the Act, preparation of

a regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of state action. The Act forbids EPA to

base its actions concerning SIPs on such grounds.Union Electric Co.T1

v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410

(a)(2).

This proposed rule has been classified as a Table 2 action by the

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by an

October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. A future document will inform the

general public of these tables. On January 6, 1989, the Office of

Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222)

from the requirements of section 3 of Executive Order 12291 for a

period of two years. The EPA has submitted a request for a permanent

waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue

the wavier until such time as it rules on EPA's request. This request

continues in effect under Executive Order 12866 which superseded

Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,

Volatile organic compounds.

Authority: 42 U.S.C 7401-7671q.

Dated: March 18, 1994.

William J. Muszynski, P.E.,

Acting Regional Administrator.

[FR Doc. 94-7989 Filed 4-1-94; 8:45 am]

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