Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for Specific Sources in the State of New Jersey

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ32-183a, FRL-6174-5]

Approval and Promulgation of Implementation Plans; Reasonably

Available Control Technology for Oxides of Nitrogen for Specific

Sources in the State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is announcing approval of four (4) revisions to the

State Implementation Plan (SIP) for ozone submitted by the State of New

Jersey. These revisions consist of fifteen (15) source-specific

reasonably available control technology (RACT) determinations for

controlling oxides of nitrogen (NOX) from various sources in

New Jersey. This direct final rule approves the source-specific RACT

determinations that were made by New Jersey in accordance with

provisions of its regulation. This action is being taken in accordance

with section 110 of the Clean Air Act (the Act).

DATES: This direct final rule is effective on December 21, 1998 without

further notice, unless EPA receives adverse comment by November 19,

1998. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: All written comments should be addressed to: Ronald

Borsellino, Chief, Air Programs Branch, Environmental Protection

Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866.

Copies of the State submittals are available at the following

addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 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, S.W., Washington,

D.C. 20460

FOR FURTHER INFORMATION CONTACT: Ted Gardella or Richard Ruvo, Air

Programs Branch, Environmental Protection Agency, 290 Broadway, 25th

Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

A. Background

The air quality planning requirements for the reduction of

NOX emissions through RACT are set out in section 182(f) of

the Act. The EPA described section 182(f) requirements in a Notice

entitled ``State Implementation Plans; Nitrogen Oxides Supplement to

the General Preamble; Clean Air Act Amendments of 1990 Implementation

of Title I; Proposed Rule,'' (NOX Supplement) which was

published on November 25, 1992 (57 FR 55620). For detailed information

on the NOX requirements, refer to the NOX

Supplement and to additional NOX guidance memoranda released

subsequent to the NOX Supplement.

The 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).

Section 182 of the Act provides requirements for nonattainment

areas classified as marginal and above. Within ozone nonattainment

areas classified moderate or above and areas within an ozone transport

region, section 182(f) of the Act requires that states apply the same

requirements to major stationary sources of NOX (``major''

as defined in section 302 and section 182 (c), (d), and (e)) as are

applied to major stationary sources of volatile organic compounds

(VOCs). For more information on what constitutes a major source, see

section 2 of the NOX Supplement to the General Preamble.

Section 182(b)(2) of the Act requires submissions, by November 15,

1992, of SIP revisions which provide for implementation of RACT as

expeditiously as practicable but no later than May 31, 1995, where for

a source category EPA has issued a control technique document (CTG)

before November 15, 1990, or for all major stationary sources that the

Agency has not issued a CTG. For sources covered by a CTG between

November 15, 1990 and the date of attainment, section 182(b)(2)

requires SIP revisions within the period set forth by the Administrator

in issuing the CTG document.

EPA did not issue any CTGs for major stationary sources of

NOX either before or after November 15, 1990. Therefore,

section 182(b)(2) of the Act requires submission, by November 15, 1992,

of all SIP revisions which provide for implementation of RACT on major

stationary sources of NOX for all ozone nonattainment areas

classified moderate or above and for all ozone transport regions. New

Jersey, which is within the Northeast ozone transport region

established by section 184(a) of the Act, is required to adopt and

implement RACT on major stationary sources. Sections 182(f) and 184(b)

of the Act require the application of NOX RACT requirements

Statewide.

B. New Jersey's NOX RACT Regulation

On November 15, 1993, New Jersey submitted to EPA, as a revision to

the SIP, subchapter 19 of Chapter 27, Title 7 of the New Jersey

Administrative Code. Subchapter 19 is entitled ``Control and

Prohibition of Air Pollution From Oxides of Nitrogen.'' This subchapter

provides the NOX RACT requirements for New Jersey and was

effective on December 20, 1993. New Jersey submitted subchapter 19 to

EPA, as a revision to the SIP, on November 15, 1993 and on October 2,

1995, the EPA proposed full approval (60 FR 51379). On January 27,

1997, the EPA final action on subchapter 19 was published in the

Federal Register (62 FR 3804).

On March 24, 1995, New Jersey adopted amendments to Subchapter 19

and submitted them to EPA for approval as a SIP revision on June 21,

1996. On September 26, 1996, the EPA found these amendments

administratively and technically complete. EPA expects to publish, in

the near future, a proposed action on the June 1996 submittal.

C. Section 19.13--Facility Specific NOX Emission Limits

Section 19.3 of New Jersey's regulation establishes a procedure for

a case-by-case determination of what represents RACT for a particular

facility item, equipment or source operation. This procedure is

applicable in two situations: (1) Except for non-utility boilers, if

the major NOX facility contains any source operation or item

of equipment of a category not listed in section 19.2 which has the

potential to emit more than 10 tons of NOX per year, or (2)

if the owner or operator of a source operation or item of equipment of

a category listed in section 19.2 seeks approval of an alternative

maximum allowable emission rate.

New Jersey's procedure requires either submission of a

NOX control plan if specific emission limitations do not

apply to the specific source, or submission of a request for an

alternative maximum allowable emission rate if specific emission

limitations do apply to the specific source. In either case, the

owners/

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operators must include a technical and economic feasibility analysis of

the possible alternative control measures. RACT determinations for an

alternative maximum allowable emission rate must consider control

technologies (e.g., low NOX burners) and alternative control

strategies (e.g., emissions averaging, seasonal fuel switching to

natural gas, and repowering). Also, in either case, subchapter 19

requires that New Jersey establish emission limits which rely on a RACT

determination specific to the facility. The resulting NOX

control plan or alternate maximum allowable emission rate must be

submitted to EPA for approval as a SIP revision.

D. Section 19.21--Phased Compliance Through Repowering

Section 19.21 of New Jersey's regulation allows attainment of

compliance through repowering. Under subchapter 19, repowering is

defined as the permanent cessation of steam generator operations

replaced by either the installation of a new combustion source or the

purchase of heat or power from a new combustion source located in New

Jersey.

Section 19.21 requires that a source owner who requests compliance

through repowering: (1) Enter into an enforceable commitment with the

State to repower, (2) submit an analysis that defines RACT for the

interim period between May 31, 1995 and the date the unit will be

repowered, (3) specify a date, which can be no later than May 31, 1999,

by which the unit will be repowered, (4) include appropriate milestones

for the repowering project, (5) meet applicable SIP and Federal

requirements upon the repower date, and (6) ensure that the repowering

commitment is federally enforceable.

Section 19.21 also requires that a source establish emission limits

using advanced control techniques and commit to meet these limits once

the source is repowered. The maximum allowable NOX emissions

rate, expressed in pounds per million BTUs (lbs/MM BTU), for repowered

utility boilers ranges from 0.1 to 0.2 depending upon the type of

boiler and the type of fuel. Section 19.21 allows repowering of all

combustion sources and replaces section 19.14(c) which allowed

repowering only for utility boilers.

E. Procedural History of Submittals

Prior to adoption of the fifteen source-specific RACT revisions

discussed in this Notice, New Jersey published proposed limitations for

each source specific RACT determination in local newspapers and

provided thirty (30) days for public comment and an opportunity to

request a public hearing. New Jersey reviewed and responded to all

comments. The State then determined that the proposed NOX

control plans, alternative maximum allowable emission rates and

repowering plan conform with the provisions of sections 19.13 or 19.21

of New Jersey's regulation. These RACT determinations were made during

1994, 1995, 1996 and 1997.

After New Jersey made each determination it issued letters of

approval to each owner. These letters included and incorporated either

an attached conditions of approval document (COAD) or, in one case, an

attached facility wide permit (FWP). Each COAD or FWP contains

conditions consistent with subchapter 19. These conditions are

considered approved permit conditions which are fully enforceable by

the State. Each COAD and FWP is identified in the ``Incorporation by

reference'' section at the end of this document.

New Jersey submitted the fifteen source-specific SIP revisions to

EPA on June 18, 1996, July 10, 1996, December 17, 1996, and May 2,

1997.

F. EPA Analysis of State Submittals

After reviewing the submittals, EPA found them all administratively

and technically complete. For each source discussed in this document,

EPA determined that the New Jersey letter of approval identifies

NOX requirements which represent RACT for the source. The

conditions contained in the COADs and FWP include, for example,

emission limits, work practice standards, and testing, monitoring, and

record keeping/reporting requirements. These conditions are consistent

with the NOX RACT requirements specified in subchapter 19

and conform to EPA NOX RACT guidance. Please note there may

be other requirements, such as adequate monitoring, which States and

sources will need to provide for, through the Title V permitting

process. Therefore, EPA is approving New Jersey's fifteen source-

specific SIP revision submittals dated June 18, 1996, July 10, 1996,

December 17, 1996 and May 2, 1997.

EPA's evaluation of each RACT submittal is detailed in a document

dated June 8, 1998, entitled ``Technical Support Document--

NOX RACT Source-Specific SIP Revisions-State of New

Jersey.'' A copy of that document is available, upon request, from the

EPA Regional Office listed in the ADDRESSES section of this document.

This document includes a summary of each RACT submittal. These

summaries are organized into three groups as follows: I. ``Facility-

Specific NOX Emission Limits''--nine major NOX

facilities that contain a source operation or item of equipment for

which New Jersey has not established an emission limit pursuant to

subchapter 19; II. ``Alternative NOX Emission Limits''--five

major NOX facilities that contain a source operation or item

of equipment of a category listed in section 19.2 for which an owner or

operator seeks approval of a RACT emission limit that is different from

the one established in subchapter 19; III. ``Phased Compliance Through

Repowering''--one major NOX facility where an owner or

operator seeks approval of a plan pursuant to section 19.21 for phased

compliance through repowering of a specific source.

This document takes action only on the permitted emission rates and

conditions of approval related to emissions of NOX; action

is not being taken on any other pollutants which may be permitted by

New Jersey with regard to these sources.

I. Facility-Specific NOX Emission Limits

A summary of EPA's analysis of each source granted a facility

specific NOX emission limit by New Jersey is as follows.

1. The Geon Company

The Geon Company manufactures polyvinyl chloride resin and operates

two direct-fired dryers at its facility in Pedricktown, Salem County.

The facility's RACT analysis concluded, and New Jersey agreed, that

RACT requirements for the facility's dryers are as follows: (1) Combust

only natural gas from May 1 through September 30 unless natural gas

becomes unavailable, (2) combust only natural gas as the primary fuel

and propane as the emergency back up fuel, (3) limit annual propane

fuel combustion to ninety days, and (4) a NOX emission limit

of 11.95 tons per year (TPY) for dryer DR-1H and 13.94 TPY for dryer

DR-2P.

2. The PQ Corporation/Industrial Chemicals

The PQ Corporation/Industrial Chemicals operates a Sodium Silicate

Furnace at its facility located in Avenel, Middlesex County. The

facility's RACT analysis concluded, and New Jersey agreed, that RACT

requirements for the facility's furnace are as follows: (1) Weekly

burner tuneups, (2) control daily excess oxygen level to no more than

3%, (3) when burning oil, a NOX emission limit of 13.3

pounds per hour (lbs/hr) or the highest value obtained from a stack

test, whichever is lower, (4) when burning natural gas, a

NOX emission limit of 29.3 lbs/hr or the highest value

obtained from a stack test,

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whichever is lower, and (5) daily maximum capacity of 128 tons of

molten sodium silicate.

3. Air Products and Chemicals, Inc.

Air Products and Chemicals, Inc., owns and operates a hazardous

waste incinerator at its facility in Paulsboro, Gloucester County. The

incinerator processes liquid wastes generated on-site and also serves

as an afterburner for 46 on-site sources. The facility's RACT analysis

concluded, and New Jersey agreed, that RACT requirements for the

incinerator are as follows: (1) Implementation of good combustion

technology consisting of high intensity burners, steam injection, and

modern instrumentation to control excess air, and (2) a NOX

emission limit of 15.7

lbs/hr (68.8 TPY).

4. Stony Brook Regional Sewerage Authority

The Stony Brook Regional Sewerage Authority owns and operates two

multiple hearth type incinerators to burn sewage sludge from its

wastewater treatment plant located in Princeton, Mercer County. The

facility's RACT analysis concluded, and New Jersey agreed, that RACT

requirements for each incinerator are as follows: (1) Combust natural

gas as auxiliary fuel during the ozone season (May 1-September 15)

unless natural gas is unavailable, (2) combust No 2 oil when natural

gas is unavailable during the ozone season for a period not to exceed

48 hours during any calendar month, and (3) a NOX emission

limit of 22 lbs/hr for each incinerator.

After switching to natural gas, the facility was to conduct stack

tests and submit the results of those tests by a date no later than May

31, 1996. New Jersey may establish a lower facility NOX

emission limit after review of the stack test results.

5. Township of Wayne, Mountain View Water Pollution Control Facility

The Township of Wayne, Mountain View Water Pollution Control

Facility owns and operates two multiple hearth type sewage sludge

incinerators to burn sewage sludge from its wastewater treatment plant

located in Wayne, Passaic County. The facility's RACT analysis

concluded, and New Jersey agreed, that RACT requirements for the

incinerators are as follows: (1) Combust natural gas during the ozone

season, and (2) a NOX emission limit of 12.0 lbs/hr for each

incinerator. New Jersey may establish a lower facility NOX

emission limit after review of stack test results conducted after the

planned fuel switch to natural gas.

6. Atlantic States Cast Iron Pipe Company

The Atlantic States Cast Iron Pipe Company produces iron pipe from

scrap steel and operates an iron melting cupola and an annealing oven

in Phillipsburg, Warren County. The facility's NOX emissions

result from the combustion of coke in the iron melting cupola and the

combustion of natural gas in the annealing oven. For the cupola, the

facility's RACT analysis concluded, and New Jersey agreed, that RACT

requirements are as follows: (1) Continued use of low excess air and

oxygen enrichment technologies, (2) a NOX emission limit of

0.188 lbs/MM BTU, and (3) an annual operations limit of 3600 hours. For

the annealing oven, the facility's RACT analysis concluded, and New

Jersey agreed, that RACT requirements are as follows: (1) An annual

adjustment to the oven combustion process, (2) a NOX

emission limit of 0.15 lbs/MM BTU, and (3) an annual fuel consumption

limit of 271 million standard cubic feet (SCF) of natural gas.

7. Warren Energy Resource Company, L.P.

The Warren County Resource Recovery Facility is a municipal waste-

to-energy facility operated by Warren Energy in Oxford Township, Warren

County. The facility includes two independent combustion/steam

generation units nominally rated at 200 tons per day of solid waste

each. The facility's RACT analysis concluded, and New Jersey agreed,

that RACT requirements are as follows: (1) Use of staged combustion and

good combustion practices which are already standard operating

practices at the facility as a result of 1986 Best Available Control

Technology determination, (2) a NOX emission limit of 45

lbs/hr/unit, and (3) a concentration limit of 300 parts per million,

for any 3-hour block period.

8. Hercules Incorporated

Aqualon, a division of Hercules Incorporated, owns and operates a

nitrocellulose manufacturing facility in Parlin, Middlesex County.

NOX emissions originate from Nitric Acid Concentrators, a

Nitration System, and an Open Pit Burner. The facility's RACT analysis

concluded, and New Jersey agreed, that RACT requirements are as

follows: (1) Continued use of wet scrubbing control systems for the

Acid Concentrators and Nitration System and continued operational

procedures for the Open Pit Burner, and (2) NOX emission

limits for the Acid Concentrators, Nitration System and Open Pit Burner

of 23.48 TPY, 242 TPY and 76.5 TPY, respectively.

9. U.S. Department of Navy, Naval Air Warfare Center Aircraft Division

The United States Department of Navy operates the Naval Air Warfare

Center, Aircraft Division, in Trenton, Mercer County. The jet engine

test facility is a test, evaluation and research center for aircraft

propulsion systems and accessories. Ten test cells are at the facility

for evaluating engines of various size. The facility's RACT analysis

concluded, and New Jersey agreed, that there are no NOX

control technologies that are technically feasible for the aircraft

test engines and that the RACT requirement for each test cell is a

NOX emission limit between 2 and 300 TPY depending on the

size and type of engine tested. The facility was scheduled for

operational closure in September 1997.

II. Alternative NOX Emission Limits

A summary of EPA's analysis of each source granted an alternative

NOX emission limit by New Jersey is as follows.

10. Atlantic Electric Company--Deepwater Generating Company

Atlantic Electric Company operates Boiler No. 8, which is a coal-

fired, dry-bottom, face-fired utility boiler, at the Deepwater

Generating Station in Pennsville, Salem County. Subchapter 19 does not

address required limits during abnormal circumstances when this boiler

needs to cofire coal with either fuel oil or natural gas. The

facility's RACT analysis concluded, and New Jersey agreed, that RACT

requirements for Boiler No. 8 are as follows: (1) continued use of Low

NOX Burners (LNB) and Overfire Air to control NOX

emissions, (2) a NOX emission limit of 0.45 lbs/MM BTU

during cofiring of coal with either fuel oil or natural gas, and (3) an

annual operating limit of 1500 hours when cofiring.

11. U.S. Generating Company--Carney's Point Generating Plant

The U.S. Generating Company operates a cogeneration facility in

Carney's Point, Salem County. Included at the facility is a fuel oil

fired Auxiliary Boiler (package type water-tube boiler with economizer)

which is used to produce process steam when the main coal fired boilers

are out of service. The facility's RACT analysis concluded, and New

Jersey agreed, that RACT requirements for the Auxiliary Boiler are as

follows: (1) An annual adjustment

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to the combustion process, (2) continued use of LNB in combination with

Flue Gas Recirculation (FGR), (3) an alternative NOX

emission limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) an

annual operating limit of 77,000 MM BTU total heat input which is

equivalent to annual operation of 1000 hours at design rate.

12. U.S. Generating Company--Logan Generating Plant

The U.S. Generating Company operates a cogeneration facility in

Swedesboro, Gloucester County. Included at the facility is a fuel oil

fired Auxiliary Boiler (package type water-tube boiler with

economizer), which is used to produce process steam when the main coal

fired boiler is out of service. The facility's RACT analysis concluded,

and New Jersey agreed, that RACT requirements for the Auxiliary Boiler

are as follows: (1) an annual adjustment to the combustion process, (2)

continued use of LNB/FGR, (3) an alternative NOX emission

limit of 0.17 lbs/MM BTU firing No.2 fuel oil, and (4) annual operating

limit of 77,000 MM BTU total heat input which is equivalent to an

annual operation of 1000 hours at design rate.

13. Schering Corporation

The Schering Corporation owns and operates a heat recovery steam

generator (HRSG), equipped with a duct burner that fires natural gas,

at their U-7 cogeneration facility in Union, Union County. When

operating under emergency circumstances in a fresh air firing (FAF)

mode, the HRSG/duct burner cannot meet Subchapter 19's presumptive

NOX RACT limit. The facility's RACT analysis concluded, and

New Jersey agreed, that RACT requirements for this generator during the

FAF mode are as follows: (1) Annual combustion process adjustments, (2)

continued use of the LNB, and (3) an alternative NOX

emission limit of 0.183 lbs/MM BTU during natural gas combustion. The

State may establish a lower NOX emission limit after review

of the stack test results which are to be submitted to New Jersey by

May 31, 1996.

14. Jersey Central Power & Light Company (JCP&L)

JCP&L operates four (Units 4,5,6,7) combined cycle combustion

turbines (firing natural gas and No.2 fuel oil) with No.2 fuel oil

fired HRSG/duct burners at its Gilbert Generating Station in Holland

Township, Hunterdon County. The facility's RACT analysis concluded, and

New Jersey agreed, that RACT requirements are as follows: (1) Water

injection to each turbine, (2) annual adjustments to the combustion

process, (3) alternative NOX emission limits for each gas or

No. 2 oil fired turbine of 0.17 lbs/MM BTU and 0.26 lbs/MM BTU

respectively, (4) an annual maximum use of natural gas for each turbine

of 3.2 x 109 SCF; (5) an annual maximum use of No. 2 fuel

oil for each turbine of 2,867 x 103 gallons, (6) for each

gallon of No. 2 fuel oil used, a reduction in the annual natural gas

consumption of 217 scf is required, and (7) no fuel combustion in the

HRSG.

III. Phased Compliance Through Repowering

A summary of EPA's analysis of each source granted phased

compliance through repowering by New Jersey is as follows.

15. Elizabethtown Water Company (EWC)

EWC owns and operates two identical lean burn internal combustion

diesel engines, 1133 horsepower each, at its water treatment and

distribution facility, Raritan-Millstone plant, in Bridgewater,

Somerset County. The two engines are 30 years old and their remaining

useful life is limited, therefore EWC proposed to repower the engines

to comply with NOX RACT. The State's approved repowering

plan requires the following: (1) Replacing the engines with ones which

incorporate advances in the art of air pollution control, (2)

installing the replacement engines in accordance with the milestones

specified in a federally enforceable agreement, (3) completing the

repowering by June 1, 1998, and (4) after repowering, replacement units

are to meet all Federal, State, SIP, and New Source Review

requirements. The new engines will emit about 90% less NOX

than the engines they will replace.

The repowering plan further requires that, during the interim

period of May 1, 1995 and June 1, 1998, NOX RACT

requirements for each of the two existing diesel engines are as

follows: (1) Switch from diesel oil to No. 2 oil, (2) annually perform

combustion process adjustments, (3) operate the engines under retarded

timings, (4) limit emissions to 8.6 grams of NOX per

horsepower-hour, and (5) install continuous emission monitors and

recorders in accordance with section 19.18.

G. Final Action

The EPA is approving the permitted conditions described above as

RACT for the control of NOX emissions from the sources

identified in the fifteen source-specific SIP revisions.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, the EPA is publishing a separate document

that will serve as the proposal to approve these same fifteen source-

specific SIP revisions. This final rule will be effective December 21,

1998 without further notice unless the Agency receive relevant adverse

comments by November 19, 1998.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on the proposed rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on December 21, 1998 and no further action will

be taken on the proposed rule.

Administrative Requirements

Executive Order 12866 and 13045

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under Executive Order (E.O.) 12866

entitled, ``Regulatory Planning and Review.'' The final rule is not

subject to E.O. 13045 entitled, ``Protection of Children from

Environmental Health Risks and Safety Risks,'' because it is not an

``economically significant'' action under E.O. 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air 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

create any new requirements, I certify that this

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action will not have a significant economic impact on a substantial

number of small entities. Moreover, due to the nature of the Federal-

State relationship under the Clean Air Act, preparation of flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co., v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a federal mandate that may result in estimated

annual costs to state, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a federal mandate that may result in estimated annual costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This federal action approves

pre-existing requirements under state or local law, and imposes no new

federal requirements. Accordingly, no additional costs to state, local,

or tribal governments, or to the private sector, result from this

action.

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. Section 804, however, exempts from section 801 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA

is not required to submit a rule report regarding today's action under

section 801 because this is a rule of particular applicability.

Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by December 21, 1998. 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).)

Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on state, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, representatives of Indian tribal governments

``to provide meaningful and timely input in the development of

regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping

requirements.

Dated: September 30, 1998.

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)(64) to

read as follows:

52.1570 Identification of plan.

* * * * *

(c) * * *

(64) Revisions to the State Implementation Plan submitted by the

New Jersey Department of Environmental Protection on June 18, 1996,

July 10, 1996, December 17, 1996 and May 2, 1997.

(i) Incorporation by reference.

(A) Conditions of Approval Documents (COAD) or Facility Wide

Permit. The following facilities have been issued COADs or facility

wide permits by New Jersey:

(1) Geon Company's direct-fired dryers, Salem County, NJ facility

wide permit dated January 30, 1997. Incorporation by reference includes

only the pages with permit limits related to the dryers.

(2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace,

[[Page 55954]]

Middlesex County, NJ COAD approval dated December 2, 1994.

(3) Air Products and Chemicals' Hazardous Waste Incinerator,

Gloucester County, NJ COAD approval dated January 25, 1996.

(4) Stony Brook Regional Sewerage Authority's sewage sludge

incinerators, Mercer County, NJ COAD approval dated October 27, 1995

and modified on May 16, 1996.

(5) Township of Wayne, Mountain View Water Pollution Control

Facility's sewage sludge incinerators, Passaic County, NJ COAD approval

dated September 20, 1996.

(6) Atlantic States Cast Iron Pipe Company's cupola and annealing

oven, Warren County, NJ COAD approval dated November 22, 1994.

(7) Warren County Resource Recovery Facility's Municipal Waste

Incinerators, Warren County, NJ COAD dated August 1, 1996.

(8) Hercules Incorporated's Nitration System, Acid Concentrators,

and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.

(9) US Department of Navy, Naval Air Warfare Center Aircraft

Division's jet engine test cells, Mercer County, NJ COAD approval dated

October 31, 1995.

(10) Atlantic Electric Company's Utility Boiler #8, Salem County,

NJ COAD approval dated February 25, 1997.

(11) U.S. Generating Company--Carneys Point Generating Plant's

auxiliary boiler, Salem County, NJ COAD approval dated February 2,

1996.

(12) U.S. Generating Company--Logan Generating Plant's auxiliary

boiler, Salem County, NJ COAD approval dated February 2, 1996.

(13) Schering Corporation's heat recovery steam generator with duct

burner, Union County, NJ COAD approval dated January 5, 1996.

(14) Jersey Central Power & Light Company's combined cycle

combustion turbines, Hunterdon County, NJ COAD approval dated April 10,

1996.

(15) Elizabethtown Water Company's internal combustion engines,

Somerset County, NJ COAD approval dated May 8, 1996.

(ii) Additional information--Documentation and information to

support NOx RACT facility-specific emission limits,

alternative emission limits, or repowering plan in four letters

addressed to Regional Administrator Jeanne M. Fox from New Jersey

Commissioner Robert C. Shinn, Jr. dated:

(A) June 18, 1996 for four SIP revisions,

(B) July 10, 1996 for three SIP revisions,

(C) December 17, 1996 for five SIP revisions,

(D) May 2, 1997 for three SIP revisions.

[FR Doc. 98-27924 Filed 10-19-98; 8:45 am]

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