Part 1 of 2: 2010 April 23: NJ: SIP changes (including particulates)

2010 April 23: NJ: SIP changes (including particulates)
 
Federal Register: April 23, 2010 (Volume 75, Number 78)]
[Proposed Rules]              
[Page 21197-21207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap10-16]                        

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-0161, FRL-9141-5]

Approval and Promulgation of Implementation Plans; Implementation
Plan Revision; State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

———————————————————————–

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a 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
proposed 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
proposed 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 proposed rule 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: Comments must be received on or before May 24, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2010-0161, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Werner.Raymond@epa.gov.
     Fax: 212-637-3901.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office’s normal hours of operation. The Regional
Office’s official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2010-0161. EPA’s policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an “anonymous
access” system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly

[[Page 21198]]

to EPA without going through http://www.regulations.gov your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA’s public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov
index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

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: For detailed information on New Jersey’s
proposed SIP revision see the Technical Support Document (TSD),
prepared in support of today’s action. The TSD can be viewed at http://
www.regulations.gov
.
    The following table of contents describes the format of this
rulemaking:
I. EPA’s Proposed Action
    A. What Action Is EPA Proposing?
    B. Why Is EPA Proposing This Action?
    C. What Are the Clean Air Act Requirements for RACT?
    D. How Did New Jersey Address the RACT Requirements for the 8-
Hour Ozone Standard?
    E. When Were New Jersey’s RACT Requirements Proposed and
Adopted?
    F. What Is EPA’s Evaluation of New Jersey’s Subchapter 4–
“Control and Prohibition of Particles From Combustion of Fuel?”
    G. What Is EPA’s Evaluation of New Jersey’s Subchapter 10–
“Sulfur in Solid Fuels?”
    H. What Is EPA’s Evaluation of New Jersey’s Subchapter 16:
“Control and Prohibition of Air Pollution by Volatile Organic
Compounds?”
    I. What Is EPA’s Evaluation of New Jersey’s Subchapter 19
“Control and Prohibition of Air Pollution From Oxides of
Nitrogen?”
    J. What Is EPA’s Evaluation of New Jersey’s Subchapter 21–
“Emission Statements?”
II. Conclusion
III. Statutory and Executive Order Reviews

I. EPA’s Proposed Action

A. What Action Is EPA Proposing?

    On April 21, 2009 New Jersey submitted a proposed State
Implementation Plan (SIP) revision 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 proposes to approve 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 proposes to approve, 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. 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. EPA proposes that 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.

B. Why Is EPA Proposing This Action?

    EPA is proposing this action to:
     Give the public the opportunity to submit comments on
EPA’s proposed action;
     Approve control measures which reduce NOX and
VOC emissions, a precursor of ozone formation, to help attain the NAAQS
for ozone;
     Further New Jersey’s and EPA’s RACT requirements under the
Clean Air Act (the Act); and
     Make New Jersey’s regulations for additional emission
reductions federally enforceable and available for emission reduction
credit in the SIP.
     Approve control measures that reduce particles, sulfur
dioxide, and NOX emissions, to help attain the NAAQS for
fine particles.
     Approve control measures that reduce regional haze.

C. What Are the Clean Air Act Requirements for RACT?

    Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require
nonattainment areas that are designated as moderate or above to adopt
RACT. All of New Jersey is subject to this requirement since all
counties in the State are located in either of two nonattainment areas
that are classified as moderate ozone nonattainment areas for the 8-
hour ozone standard (40 CFR 81.331). In accordance with section 182(b),
New Jersey must, at a minimum, adopt RACT level controls for sources
covered by a Control Techniques Guidelines (CTG) document and for any
major non-CTG sources.
    Section IV.G of EPA’s Phase 2 implementation rule (70 FR 71612,
November 29, 2005) (Phase 2 Rule) discusses the RACT requirements for
the 1997 8-hour ozone standard. It states, in part, that where a RACT
SIP

[[Page 21199]]

is required, SIPs implementing the 8-hour ozone standard generally must
assure that RACT is met, either through a certification that previously
required RACT controls represent RACT for 8-hour ozone implementation
purposes or, where necessary, through a new RACT determination. The
majority of counties in New Jersey were previously classified under the
1-hour ozone standard as severe, while the remaining counties were
subject to RACT as part of the Ozone Transport Region. New Jersey chose
a uniform applicability level for RACT based on the severe
classification which resulted in a statewide requirement for major
sources of NOX and VOC to be defined as those having
emissions of 25 tons per year or more of both VOC and/or
NOX. Under the 8-hour standard, areas classified as
moderate, the definition for major source is 50 tons per year for VOC
and 100 tons per year for NOX. However, New Jersey’s choice
to retain the original 1-hour ozone limits statewide in New Jersey for
purposes of the RACT analysis resulted in a more stringent evaluation
of RACT. New Jersey’s use of 25 tons per year for RACT is consistent
with the anti-backsliding requirement of the Act. See Clean Air Act
sections 110(l) and 193; and South Coast Air Quality Management Dist
(SCAQMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006).

D. How Did New Jersey Address the RACT Requirements for the 8-Hour
Ozone Standard?

    New Jersey submitted a RACT assessment in an August 1, 2007
submission which was supplemented on December 14, 2007. The RACT
submission from the State of New Jersey consisted of: (1) A
certification that previously adopted RACT controls in New Jersey’s SIP
for 101 source categories that were approved by EPA under the 1-hour
ozone standard are based on the currently available technically and
economically feasible controls, and that they continue to represent
RACT for 8-hour ozone implementation purposes; (2) a commitment to
adopt new or more stringent regulations that represent RACT control
levels for both specific source categories and specific sources; and
(3) a negative declaration that for certain Control Techniques
Guidelines and/or Alternative Control Techniques (ACTs) documents there
are no sources within New Jersey or that there are no sources above the
applicable thresholds.
    EPA reviewed the State’s RACT analysis and agreed with the State’s
conclusions. On May 15, 2009 (74 FR 22837) EPA conditionally approved
New Jersey’s RACT SIP for the 8-hour ozone standard conditioned on the
State’s meeting its commitment to submit adopted RACT rules for 13
source categories by April 1, 2009. To address this commitment, on
March 20, 2009, New Jersey adopted the RACT rules for the following 12
source categories: Alternative and facility-specific VOC and
NOX emission limits; emulsified and cutback asphalt used for
paving; asphalt pavement production plants; CTGs published in 2006:
flat wood paneling, flexible packaging printing materials, and offset
lithographic printing and letterpress printing; coal-fired boilers
serving electric generating units (EGUs); oil and gas-fired boilers
serving EGUs; High Electric Demand Day (HEDD) EGUs; industrial/
commercial/institutional boilers and other indirect heat exchangers;
municipal solid waste incinerators; glass manufacturing furnaces;
sewage sludge incinerators; and VOC stationary storage tanks. The
industrial adhesives and sealants source category (13th) was adopted on
October 30, 2008 and submitted as a SIP revision on April 9, 2009. EPA
will propose action on the adhesives and sealant rule in a separate
action.

E. When Were New Jersey’s RACT Requirements Proposed and Adopted?

    New Jersey proposed the RACT rules at Subchapters 4, 10, 16 and 19,
and related amendments to Subchapter 21, on August 4, 2008, accepted
written comments on them until October 3, 2008, and held public
hearings on them on September 26, 2008. New Jersey adopted the amended
RACT rules and related requirements on March 20, 2009, and submitted
them to EPA for approval as revisions to the SIP on April 21, 2009. On
June 4, 2009, EPA determined the submittal to be administratively and
technically complete.

F. What is EPA’s Evaluation of New Jersey’s Subchapter 4–“Control and
Prohibition of Particles From Combustion of Fuel?”

    New Jersey previously submitted Subchapter 4 (state effective date
October 12, 1977) as a SIP revision and EPA approved it on January 27,
1984 (49 FR 3465). In this action, EPA is acting on the April 21, 2009
submittal of amendments to Subchapter 4 that affect the coal-fired
boiler source category, which consist of new definitions and more
stringent emission limits for facilities that emit particles from coal-
fired boilers.
Section 4.1 Definitions
    New Jersey revised section 4.1, Definitions, to add and/or revise
terms and their definitions. EPA evaluated New Jersey’s definitions for
consistency with the Act, EPA regulations, and EPA policy, and proposes
to approve them.
Section 4.2 Standards for the Emission of Particles
    New Jersey amended section 4.2 of Subchapter 4 to lower the current
SIP approved particle emission rates for existing coal-fired boilers
and for coal-fired boilers with a particle control apparatus that is
newly constructed, installed or reconstructed. Owners/operators must
comply with the new particle emission rates unless otherwise specified
in an enforceable agreement with New Jersey. Note, particulates and
particles are synonymous terms.
    The particulate emission rates in section 7:27-4.2(a) are unchanged
from emission rates in the current SIP approved Subchapter 4. The
emission rates listed in section 7:27-4.2(a) will no longer apply for
any coal-fired boiler or particulate control apparatus regulated by new
sections 7:27-4.2(b) or 7:27-4.2(c) on and after the required
compliance dates. The compliance date for sources subject to 7:27-
4.2(b) is May 19, 2009; the compliance date for sources subject to
7:27-4.2(c) is December 15, 2012.
    The particulate emission rate listed in section 7:27-4.2(b) of
0.0150 pounds per million BTUs (MMBTU) shall apply for coal fired
boilers that have a particulate control apparatus that is newly
constructed, installed, reconstructed, and commences operation on or
after May 19, 2009. The owner or operator shall demonstrate compliance
based on the average of three stack tests, approved by New Jersey, and
in accordance with the source’s approved permit. A coal-fired boiler or
particulate control apparatus is also subject, as applicable, to
existing New Jersey state-of-the-art requirements at 7:27-8.12 and
22:35, lowest achievable emission rate requirements at NJAC 7:27-18,
and best available control technology requirements at 40 CFR 52.21,
which are incorporated into the applicable implementation plan by
reference.
    Unless regulated by 7:27-4.2(b), the particulate emission rate
listed in section 7:27-4.2(c) shall apply for coal fired boilers in
operation prior to May 19, 2009. Coal fired boilers are subject to an
emission rate limit of 0.0300 pounds per MMBTU, or the permitted
emission rate in effect as of May 19, 2009, whichever is lower. The
owner or operator shall demonstrate compliance based on the average of
three stack tests, approved by New Jersey, and in accordance with the
source’s approved permit.

[[Page 21200]]

    EPA supports and proposes to approve the amendments to Subchapter
4, which further reduce particulate emissions in the State.

G. What Is EPA’s Evaluation of New Jersey’s Subchapter 10–“Sulfur in
Solid Fuels?”

    New Jersey previously submitted Subchapter 10 (state effective date
July 14, 1981) as a SIP revision and EPA approved it on November 3,
1981 (46 FR 54542). In this action, EPA is acting on amendments that
affect facilities that emit sulfur dioxide (SO2) emissions
from solid fuel burning sources, including boilers serving electric
generating units (EGUs). The amendments include new definitions and
more stringent emission limits for SO2.
Section 10.1 Definitions
    New Jersey revised section 10.1, Definitions to add and/or revise
terms and their definitions.
    EPA evaluated New Jersey’s definitions for consistency with the
Act, EPA regulations, and EPA policy, and proposes to approve them.
Section 10.2 Sulfur Contents Standards
    New Jersey amended section 10.2 of Subchapter 10 to require sources
to comply with more stringent SO2 emission rates contained
in section 7:27-10.2(h), and to eliminate the need to control
SO2 emissions by regulating the sulfur content of solid
fuel. Owners/operators must comply with the new SO2 emission
rates unless otherwise specified in an enforceable agreement with New
Jersey.
    Section 7:27-10.2(a), which regulates the sulfur content of solid
fuel stored, offered for sale, sold, delivered or exchanged in trade,
for use in New Jersey, and section 7:27-10.2(b), which regulates the
sulfur content of solid fuel burned, will no longer apply to any source
after December 14, 2012. Additionally, existing section 7:27-10.2(c),
which required different emission standards based on the level of
SO2 nonattainment of a particular zone, will no longer apply
after December 14, 2012. Existing sections 7:27-10.2(d),(e), and (f),
which also regulate SO2 emissions based on the sulfur
content of fuel, and subsection (g), which applies to authorizations
granted pursuant to subsection (f), will also no longer apply after
December 14, 2012.
    Pursuant to section 7:27-10.2(h), all sources that combust solid
fuel on or after December 15, 2012 must comply with the maximum
SO2 emission rate of 0.250 pounds/MMBtu gross heat input
based on a 24-hour emission rate and 0.150 pounds/MMBtu gross heat
input based on a 30-calendar-day rolling average emission rate. Any
source that combusts solid fuel, and that is constructed, installed,
reconstructed, or modified, is also subject, as applicable, to existing
New Jersey state-of-the-art requirements at 7:27-8.12 and 22:35, lowest
achievable emission rate requirements at NJAC 7:27-18, and best
available control technology requirements at 40 CFR 52.21, which are
incorporated into the applicable implementation plan by reference.
    Pursuant to section 7:27-10.2(j), owners/operators of boilers may
request, from New Jersey, a one-year extension of the December 15, 2012
compliance deadline. Section 10.2(j) provides the necessary
administrative and procedural requirements for owners to submit an
extension request and the conditions under which New Jersey will
approve the extension request.
    EPA supports and proposes to approve the amendments to this
existing provision, which address SO2 emissions from solid
fuel burning.
Section 10.5 SO2 Emission Rate Determinations
    Section 10.5 of Subchapter 10 is a new provision that establishes
procedures for calculating the 24-hour and 30-calendar-day rolling
average emission rates for SO2 that are specified in
10.2(h).
    SO2 emissions must be determined through the use of a
Continuous Emissions Monitoring System (CEMS). Section 10.5(c) allows
owners/operators to exclude emissions when the units are not combusting
solid fuel. Section 10.5(c)1 allows an exemption from the 30 calendar
day SO2 emission rate during the period of startup until the
unit begins combusting coal. Section 10.5(c)2 allows an exemption from
the 24-hour SO2 emission rate during the period of time that
the boiler does not combust coal. New Jersey provided for this
exemption to exclude emissions from periods when the boiler is
combusting fuel other than solid fuels, such as fuel oil or natural
gas, which can be burned during the start-up of coal fired boilers.
    EPA supports these amendments and is proposing to approve them.

H. What Is EPA’s Evaluation of New Jersey’s Subchapter 16: “Control
and Prohibition of Air Pollution by Volatile Organic Compounds?”

    New Jersey previously submitted Subchapter 16 (state effective date
October 17, 2005) as a SIP revision and EPA approved it on July 31,
2007 (72 FR 41626). In this action, EPA is acting on amendments to
Subchapter 16 that affect the following VOC sources or source
categories: VOC stationary storage tanks; sources subject to control
technique guidelines (CTGs) for flat wood paneling coatings, flexible
packaging printing materials and offset lithographic printing and
letterpress printing; sources subject to alternative or facility-
specific VOC control requirements; and asphalt used for paving;
Section 16.1 Definitions
    New Jersey revised section 16.1, Definitions, to add and/or revise
terms and their definitions.
    EPA evaluated New Jersey’s definitions for consistency with the
Act, EPA regulations, and EPA policy and proposes to approve them.
Section 16.2 VOC Stationary Storage Tanks
    New Jersey has reevaluated the level of controls currently required
for stationary storage tanks that store VOC by studying controls that
have been successfully implemented in other states. The revisions
primarily affect those tanks in Range III which is the range that
covers larger tanks that store high vapor pressure VOC, such as
gasoline, located at refineries, terminals, and pipeline breakout
stations. The new requirements can be grouped into five categories:
deck fittings and seals, domes, roof landings, degassing and cleaning
operations, and inspection and maintenance procedures.
Deck Fittings and Seals
    New Jersey revised section 16.2(l) to add provisions that require
roof penetrations, such as slotted guide poles, access hatches, and
adjustable roof legs to have seals, and require upgraded seals for
other deck fittings. In addition they provide more stringent rim seal
system requirements for existing and new storage tanks in Range III and
require roof openings to be maintained in a leak-free condition, as
determined by EPA Method 21 (40 CFR part 60, Appendix A).
Domes
    New Jersey revised section 16.2(l) to require, with some
exceptions, that domes be installed on external floating roof tanks
that store materials with true vapor pressures greater than three pound
per square inch absolute (psia). Any tanks exempted from the
requirement of section 16.2(l) must still comply with other
requirements in section 16.2 for tanks in existence on May 18, 2009,
the day before the

[[Page 21201]]

operative date of these provisions. Compliance is required the first
time an existing tank is degassed following May 19, 2009, the operative
date of these revisions, but no later than May 1, 2020. A new tank is
required to comply before the tank is initially filled.
Roof Landings
    Sections 16.2(n), (o), and (p) are new provisions that New Jersey
designed to minimize emissions when a tank goes through a “roof
landing cycle.” A roof landing cycle is composed of three phases: the
removal of all stored liquid VOC (the floating roof is no longer in
contact with the stored liquid VOC, but is supported by legs or
cables), the idling period (when the tank is waiting to be refilled),
and the refilling of the tank. Pursuant to 16.2(p)(1)(i), any floating
roof tank existing on May 19, 2009 and not exempt pursuant to
16.2(f)(6), must submit to NJDEP, by December 1, 2009, a complete,
written facility-wide tank VOC control plan. Pursuant to 16.2(p)(1)(ii)
any new tank, excluding those exempt pursuant to 16.2(f)(6), must
submit to NJDEP, by 120 days of installation, a written new or updated
facility-wide tank VOC control plan. Pursuant to 16.2(p)(2)(ii),
schedules for implementation of emission controls by May 19, 2019 are
to be consistent with the facility’s schedule for tank removal from
service for normal inspection and maintenance and with the facility’s
schedule for the installation of any new tanks. As an alternative to
the implementation schedule of emission controls, storage tanks in
Range III that store gasoline may submit an emissions averaging plan
pursuant to 16.2(p)2.iii.
Degassing and Cleaning Operations
    Storage tanks must be periodically cleaned and accumulated sludge
removed. Before this can occur, tanks must be degassed (removal of
gases that remain after the liquid has been removed). Section 16.2(q)
is a new provision that contains requirements for handling the gases
and sludge that must be removed when a tank is degassed and cleaned
between May 1 and September 30. Compliance with these requirements
begins on May 1, 2010. Displaced vapors must be sent to a vapor control
system with at least 95 percent control efficiency. Section 16.2(q)
also contains approved methods for cleaning the inside of the tank.
Sludge from tanks that contained a VOC with a vapor pressure greater
than 1.5 psia (pounds per square inch absolute) must be transferred to
receiving vessels that are controlled to prevent 95 percent of the
emissions from being released to the atmosphere. Sludge containers must
be kept vapor tight and free from liquid leaks.
Inspection and Maintenance
    Section 16.2(r) is a new provision that applies to VOC storage
tanks in Range III and requires that the tanks in this range be
inspected by an authorized inspector and the results recorded on an
inspection form (contained in Subchapter 16, Appendix II). Section
16.2(r) specifically identifies what must be annually inspected and
what must be inspected once a tank is degassed but not less than once
every 10 years. Any equipment that does not meet Subchapter 16
requirements must be repaired or replaced.
    EPA evaluated the section 16.2 provisions for consistency with the
Act, EPA regulations, and EPA policy and proposes to approve them.
Section 16.7 Surface Coating and Graphic Arts Operations
Offset Lithographic Printing and Letterpress Printing
    New Jersey revised section 16.7 to address the CTG for Offset
Lithographic Printing and Letterpress Printing. Subsections (r) and (s)
were added and require more stringent emission controls. Where more
resource intensive emission controls are necessary or involve modifying
the equipment, compliance is required by May 1, 2010. The VOC solvent
content of fountain solutions is limited depending on the type of
equipment and the limits must be complied with by May 19, 2009.
Cleaning materials are restricted to a composite vapor pressure less
than 10 mm Hg (millimeters mercury) or VOC content of less than 70
percent by weight with some exceptions after May 19, 2009.
    In addition, section 16.7(t) was added and requires, effective May
19, 2009, best management practices, such as, keeping VOC and VOC
containing materials in closed containers, ensuring mixing vessels have
covers and are kept closed when not adding or removing materials,
keeping VOC containing shop towels in closed containers, and
recordkeeping requirements. The above changes are consistent with the
CTG recommendations issued on October 5, 2006.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.
Flexible Package Printing
    The New Jersey amendments to section 16.7 address the CTG for
Flexible Package Printing. Section 16.7(h)(3) was added and requires
more stringent emission controls for rotogravure, sheet-fed gravure, or
flexographic printing operations installed or modified on or after May
19, 2010. Section 16.7, Table 7D -Part B contains new maximum allowable
VOC content of surface coating formulations (minus water) limits.
Section 16.7(t) requires best management practices (see above
description). These amendments are consistent with the CTG
recommendations issued on October 5, 2006.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.
Flat Wood Paneling and Printed Hardwood Coatings
    The New Jersey amendments to section 16.7 address the CTG for Flat
Wood Paneling and Printed Hardwood Coatings. Section 16.7, Table 7B
contains new maximum allowable VOC content per volume of coating (minus
water) limits for flat wood paneling and printed hardwood coatings of
2.1 pounds per gallon with a compliance date of May 19, 2009. Section
16.7(t) requires best management practices (see above description).
    The amendments to section 16.7 are consistent with the CTG
recommendations issued on October 5, 2006. EPA has evaluated these
provisions for consistency with the Act, EPA regulations, and EPA
policy and proposes to approve them.
Section 16.11 Asphalt Pavement Production Plants
    The New Jersey amendments to section 16.11 clarify that it applies
to plants where asphalt pavement is produced. There were no changes to
the requirements.
    EPA evaluated this provision for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve it.
Section 16.17 Alternative and Facility-Specific VOC Control
Requirements
    The New Jersey amendments to section 16.17 limit the duration of an
approved VOC alternative control plan to ten years. Section 16.17(c)5
provides that, for control plans issued after May 19, 2009, sources can
reapply for a new plan the year before the existing alternate control
plan expires. Sources with VOC control plans issued prior to May 19,
2009 must reapply and demonstrate continued justification or comply
with the specific Subchapter 16 requirements for that source. If the
source does not submit a proposed plan

[[Page 21202]]

by August 17, 2009, the existing plan terminates on August 17, 2009 and
the source must comply with all applicable provisions of Subchapter 16.
All alternative control plans must be submitted by the State to EPA for
approval as a revision to the SIP.
    EPA has evaluated these provisions for consistency with the Act,
EPA regulations, and EPA policy and proposes to approve them.
Section 16.19 Application of Cutback and Emulsified Asphalts
    The New Jersey amendments to section 16.19 further reduce the
amount of VOC that is allowed to be included in cutback asphalt or
emulsified asphalt used between April 16 through October 14 to no
greater than 0.1 percent VOC by weight or no greater than 6.0
milliliters of oil distillate, in accordance with ASTM Method D244,
Standard Test Methods and Practices for Emulsified Asphalts, or AASHTO
T 59, Standard Method of Test for Testing Emulsified Asphalts. In
addition, it requires cutback asphalt or emulsified asphalt to be
stored in sealed containers from April 16 through October 14. Both
these requirements are applicable as of April 16, 2009. EPA evaluated
these provisions for consistency with the Act, EPA regulations, and EPA
policy and proposes to approve them.
Other Changes to Subchapter 16
    In addition to the above, New Jersey modified Subchapter 16 to make
technical and administrative corrections, to delete outdated
provisions, such as the repealed Open Market Emissions Trading Program,
and to clarify the use of terms in section 16.17.
    EPA evaluated these provisions for consistency with the Act, EPA
regulations, and EPA policy and proposes to approve them.

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This entry was posted in N ("New") States = NH, NJ, NM, NY = New Hampshire, New Jersey, New Mexico, New York. Bookmark the permalink.

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