[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Rules and Regulations]
[Pages 9857-9859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03055]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0720; FRL-10017-00-Region 2]


Approval of Source-Specific Air Quality Implementation Plans; New 
Jersey

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves a revision 
to the State of New Jersey's State Implementation Plan (SIP) for the 
ozone National Ambient Air Quality Standard (NAAQS) related to a 
source-specific SIP for CMC Steel New Jersey, located at 1 N Crossman, 
Sayreville, New Jersey (Facility). The control options in this source-
specific SIP address volatile organic compounds (VOC) and nitrogen 
oxide (NOX) Reasonably Available Control Technology (RACT) 
for the Facility's electric arc furnace (Sayreville EAF) to continue to 
operate under the current New Jersey Department of Environmental 
Protection (NJDEP) approved VOC and NOX emission limits for 
the Sayreville EAF.

DATES: The final rule is effective on March 19, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2019-0720. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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 electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3565, or by email at 
longo.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. The EPA's Evaluation of New Jersey's Submittal
III. What comments were received in response to the EPA's proposed 
action?
IV. Summary of EPA's Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The EPA approves a revision to the State of New Jersey's (the 
State) SIP for attainment and maintenance of the ozone National Ambient 
Air Quality Standards (NAAQS). On July 15, 2020 (85 FR 42803), the EPA 
proposed to approve the State's April 30, 2019, SIP revision, which 
relates to the application of the New Jersey Administrative Code (NJAC) 
Title 7, Chapter 27, Subchapter 16, ``Control and Prohibition of Air 
Pollution from Volatile Organic Compounds'' (NJAC 7:27-16) and the 
NJAC, Title 7, Chapter 27, Subchapter 19, ``Control and Prohibition of 
Air Pollution from Oxides of Nitrogen'' (NJAC 7:27-19) to the 
Sayreville EAF. Under this SIP revision, the emission limits for VOC 
and NOX for the Sayreville EAF are the lowest emission 
limits achievable with the application of control technology that is 
reasonably available given the

[[Page 9858]]

technological and economic feasibility considerations associated with 
operating the Sayreville EAF (i.e., RACT for the Sayreville EAF). The 
Facility is allowed to continue to operate under its current approved 
emission limits of 57 pounds per hour (lb/hr) of VOC and 31 lb/hr of 
NOX for the Sayreville EAF, because its request to be 
covered under alternative control plans for VOC pursuant to NJAC 7:27 
Subchapter 16 and for NOX pursuant to NJAC 7:27 Subchapter 
19 met the State's deadlines and statutory criteria for approval. A 
full summary of EPA's findings for this source-specific SIP revision is 
included in the technical support document that is contained in EPA's 
docket assigned to this Federal Register document.

II. The EPA's Evaluation of New Jersey's Submittals

    The EPA's approval is based on the conclusion that the State's 
April 30, 2019 SIP revision to authorizing the Facility to continue to 
operate under existing VOC and NOX emission limits for the 
Sayreville EAF operated by CMC Steel New Jersey conforms with the 
State's regulations under NJAC 7:27-16.17 and NJAC 7:27-19.13. After 
reviewing CMC Steel New Jersey's updated facility-specific VOC and 
NOX control plans, which were submitted to NJDEP, that are 
the subject of this source-specific SIP revision, the EPA makes the 
following determination:
    (1) The Facility qualifies to continue to operate under the current 
NJDEP-approved emission limits for VOC and NOX. Under NJAC: 
7:27-16.17(c)(3), facilities that sought to continue operating with an 
alternative VOC control plan that was approved prior to May 19, 2009, 
were required to submit updated proposed VOC control plans to NJDEP for 
review by August 17, 2009. Similarly, under NJAC: 7:27-19.13(a)(3), 
facilities that sought to continue to operate under existing facility-
specific NOX control plans that were approved prior to May 
1, 2005, were required to submit updated proposed NOX 
control plans to NJDEP for review by August 17, 2009. The Facility met 
both deadlines with the submission of its VOC and NOX 
control plans, respectively.
    (2) The Facility's Operating Permit, issued pursuant to Title V of 
the Clean Air Act (CAA), 42 U.S.C. 7661a, describes a facility-specific 
VOC emission limit of 57 lb/hr and a facility-specific maximum 
allowable NOX emission limit of 31 lb/hr, both of which are 
consistent with the updated VOC and NOX control plans that 
are the subject of this SIP revision.
    (3) The EPA's consultation with air pollution control experts from 
NJDEP and EPA confirms the Facility's RACT analysis conclusion that no 
comparable electric arc furnace emission control technologies are 
deployed at other facilities nationwide. For a detailed explanation and 
evaluation of the SIP revision, refer to the proposed rulemaking. See 
85 FR 42803, July 15, 2020.

III. What comments were received in response to the EPA's proposed 
action?

    The EPA received no public comments in response to the July 15, 
2020 proposed rulemaking. Therefore, the EPA approves this SIP revision 
with no further changes.

IV. Summary of the EPA's Final Action

    The EPA approves the State of New Jersey's SIP revision dated April 
30, 2019, which includes a source-specific SIP for CMC Steel New 
Jersey, located at 1 N Crossman, Sayreville, New Jersey. The control 
options in this source-specific SIP address the State of New Jersey's 
RACT requirements included in NJAC 7:27-16, ``Control and Prohibition 
of Air Pollution from Volatile Organic Compounds'' and New Jersey NJAC 
7:27-19, ``Control and Prohibition of Air Pollution from Oxides of 
Nitrogen'', both effective January 16, 2018. The EPA makes the 
following findings: (1) The Facility met NJDEP's statutory criteria and 
deadlines to qualify for continuing to operate under existing VOC and 
NOX emission limits; (2) the Facility meets emission limits 
set by NJDEP for VOC emission rate at 57 lb/hr and for NOX 
emission rate at 31 lb/hr; and (3) the Facility implements RACT 
controls for VOC and NOX--for VOC, through execution of the 
Scrap Management Plan and operating a direct evacuation system and for 
NOX, through application of good operating practices that 
maintain a constant temperature in the preheater chamber and minimizes 
electricity consumption to avoid indirect NOX emissions. The 
Facility has demonstrated that it meets all applicable requirements of 
the CAA and it will not interfere with any applicable requirements 
pertaining to attainment of the NAAQS and reasonable further progress 
or with any other applicable requirement of the CAA.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is incorporating by reference the provisions 
described above in Section IV. Summary of the EPA's Final Action. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 2 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by the EPA for inclusion in the 
State Implementation Plan, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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, the 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 final action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 9859]]

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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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. The 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 April 19, 2021. 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 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 10, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1570 is amended in paragraph (d) by adding an entry for 
CMC Steel New Jersey to the end of the table to read as follows:


Sec.  52.1570  Identification of plan.

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    (d) * * *

                               EPA-Approved New Jersey Source-Specific Provisions
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                                                         State effective
         Name of source              Identifier No.            date          EPA approval date      Comments
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                                                  * * * * * * *
CMC Steel New Jersey............  BOP 150002; PI       May 1, 2019........  February 17, 2021.  None.
                                   18052; Emission
                                   Unit U1.
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[FR Doc. 2021-03055 Filed 2-16-21; 8:45 am]
BILLING CODE 6560-50-P


