[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64070-64072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22400]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0389; FRL-9952-41-Region 2]
Partial Approval and Partial Disapproval of Air Quality
Implementation Plans; NJ; Infrastructure SIP Requirements for 2008
Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012
PM2.5, 2006 PM10 and 2011 Carbon Monoxide NAAQS: Interstate Transport
Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving elements of a New Jersey State
Implementation Plan (SIP) submittal pertaining to the infrastructure
requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA)
for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide (NO2),
2010 Sulfur Dioxide (SO2), 2011 Carbon Monoxide (CO), 2006
Particulate Matter of ten microns or less (PM10), and 2012
Particulate Matter of 2.5 microns or less (PM2.5) National
Ambient Air Quality Standards (NAAQS). The infrastructure requirements
are designed to ensure that the structural components of each state's
air quality management program are adequate to meet the state's
responsibilities under the CAA. This action pertains specifically to
infrastructure requirements relating to interstate transport provisions
concerning the Prevention of Significant Deterioration of Air Quality
(PSD) regulations, and visibility protection.
DATES: This rule is effective on October 19, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2016-0389. All documents in the docket are
listed on the http://www.regulations.gov Web site. 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. Publicly available docket materials are available
either electronically through http://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
[[Page 64071]]
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212-637-3702,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' means EPA.
I. Background and Purpose
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background and Purpose
This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements
in New Jersey's infrastructure SIP submitted on October 17, 2014 to
address applicable infrastructure requirements with respect to the 2008
Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5, 2006 PM10 and 2011 CO NAAQS.
The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address. EPA
commonly refers to such state plans as ``infrastructure SIPs.'' In
particular, section 110(a)(2)(D)(i)(I) requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from contributing significantly to nonattainment of the
NAAQS (commonly referred to as prong 1), or interfering with
maintenance of the NAAQS (prong 2), in any another state. Section
110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting any
source or other type of emissions activity in one state from
interfering with measures required to prevent significant deterioration
(PSD) of air quality (prong 3) and to protect visibility (prong 4) in
another state.
This rulemaking pertains only to the portion of the SIP submittal
addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). On March 30,
2016, New Jersey withdrew the portion of the submittal addressing
110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 2008 Ozone NAAQS. EPA
subsequently issued a Finding of Failure to Submit to New Jersey.\1\
EPA will address the other portions of the October 17, 2014
infrastructure SIP submittal in a separate action.
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\1\ 81 FR 38963 (June 15, 2016).
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EPA proposed action on the October 17, 2014 submittal on July 27,
2016 (81 FR 49205). In that action, EPA proposed to disapprove the
portions of New Jersey's October 17, 2014 SIP submission addressing
prong 3 and proposed to approve the portions addressing prong 4
regarding CAA section 110(a)(2)(D)(i) requirements. No comments were
received on the proposal. The reader is referred to the July 27, 2016
proposed rulemaking for a detailed discussion of New Jersey's submittal
and EPA's review and proposed actions.
II. What action is EPA taking?
EPA is approving the portion of the October 17, 2014 SIP submittal
from New Jersey pertaining to the requirements of CAA section
110(a)(2)(D)(i)(II) requirement for visibility (or prong 4) for the
2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and
2012 p.m.2.5, 2006 p.m.10 and 2011 CO NAAQS.
New Jersey has elected to comply with the Federal PSD requirements
by accepting delegation of the Federal rules and has been successfully
implementing this program for many years. However, EPA does not
recognize a delegated PSD program as satisfying the Infrastructure SIP
requirements. Therefore, EPA is disapproving New Jersey's submittal
pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II)
requirement for PSD (or prong 3) for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5, 2006
p.m.10 and 2011 CO NAAQS. However, the disapprovals will not
trigger any sanctions or additional Federal Implementation Plan
obligation since a PSD Federal Implementation Plan is already in place.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This final action is not a ``significant regulatory action'' under
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993)
and was therefore not submitted to the Office of Management and Budget
for review.
B. Paperwork Reduction Act (PRA)
This final action does not impose an information collection burden
under the PRA because it does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
rule does not impose any requirements or create impacts on small
entities. This partial SIP approval and partial SIP disapproval under
CAA section 110 will not in-and-of itself create any new requirements
but simply approves and disapproves certain state requirements for
inclusion into the SIP.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action does not apply on any Indian
reservation land, any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it merely partially approves and
partially disapproves a SIP submittal from the State of New Jersey.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a
[[Page 64072]]
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations because it does not affect the level of
protection provided to human health or the environment. This action
merely partially approves and partially disapproves a SIP submittal
from the State of New Jersey.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to 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).
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 18, 2016. 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Carbon monoxide, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur dioxide, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 6, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
40 CFR part 52 is amended as follows:
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 52.1586 is amended by adding paragraph (b) and adding and
reserving paragraph (c) to read as follows:
Sec. 52.1586 Section 110(a)(2) infrastructure requirements.
* * * * *
(b) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5,
2006 PM10 and 2011 CO NAAQS--(1) Approval. Submittal from New Jersey
dated October 17, 2014 to address the CAA infrastructure requirements
of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010
NO2, 2010 SO2, 2012 PM2.5, 2006
PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4
(visibility).
(2) Disapproval. Submittal from New Jersey dated October 17, 2014
to address the CAA infrastructure requirements of section 110(a)(2) for
the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010
SO2, 2012 PM2.5, 2006 PM10 and 2011 CO
NAAQS is disapproved for (D)(i)(II) prong 3 (PSD program only). These
requirements are being addressed by Sec. 52.1603 which has been
delegated to New Jersey to implement.
(c) [Reserved]
[FR Doc. 2016-22400 Filed 9-16-16; 8:45 am]
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