[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24661-24664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0625, FRL-9978-24--Region 2]
Approval and Promulgation of Air Quality Implementation Plans;
New Jersey; Infrastructure Requirements for the 2008 Lead, 2008 Ozone,
2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006
PM10, 2012 PM2.5, 1997 Ozone, and the 1997 and 2006 PM2.5 National
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of New Jersey's State Implementation Plan (SIP) revision
submittal regarding 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, 2010 sulfur dioxide, 2011 carbon
monoxide, 2006 particulate matter of 10 microns or less
(PM10), and 2012 particulate matter of 2.5 microns or less
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
EPA is also approving three infrastructure requirements of the 1997
ozone and the 1997 and 2006 PM2.5 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.
DATES: This final rule is effective on June 29, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2016-0625. 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 (CBI) 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: Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3892, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incororation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), each
state is required to submit a State Implementation Plan (SIP) that
provides for the implementation, maintenance, and enforcement of a
revised primary or secondary National Ambient Air Quality Standards
(NAAQS or standard). CAA sections 110(a)(1) and (2) require each state
to make a new SIP submission within three years after the EPA
promulgates a new or revised NAAQS for approval into the existing
federally-approved SIP to assure that the SIP meets the applicable
requirements for such new and revised NAAQS.
On March 1, 2018 (83 FR 8818), the EPA published a Notice of
Proposed Rulemaking (NPR) in the Federal Register for the State of New
Jersey. The NPR proposed to approve elements of the State of New
Jersey's Infrastructure SIP submission, dated October 17, 2014, and as
supplemented on March 15, 2017, as meeting the CAA section 110(a)
infrastructure requirements for the following NAAQS: 2008 ozone, 2008
lead, 2010 nitrogen dioxide (NO2), 2010 sulfur dioxide
(SO2), 2011 carbon monoxide (CO), 2006 particulate matter of
10 microns or less (PM10), and 2012 particulate matter of
2.5 microns or less (PM2.5). Although not specifically
required by 110(a)(1) since neither NAAQS was new or revised,\1\ the
SIP submission included infrastructure requirements for the 2006
PM10 and 2011 CO NAAQS. As explained in the NPR, the State
has the necessary infrastructure, resources and general authority to
implement the 2008 ozone, 2008 lead, 2010 NO2, 2010
SO2, 2011 CO, 2006 PM10, and 2012
PM2.5 NAAQS, except where specifically noted.
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\1\ EPA notes that, when promulgated, the 2006 24 hour
PM10 NAAQS and the 2011 primary CO NAAQS were neither
``new'' nor ``revised'' NAAQS--they merely retained, without
revision, prior NAAQS for those pollutants. Accordingly,
promulgation of these NAAQS did not trigger a new obligation for New
Jersey to make infrastructure SIP submissions.
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The EPA also proposed to approve three CAA section 110(a)
infrastructure requirements for the 1997 ozone and the 1997 and 2006
PM2.5 NAAQS that were conditionally approved by the EPA on
June 14, 2013 (78 FR 35764). New Jersey's response to the conditional
approval was not submitted to EPA within one year, but was submitted
approximately three months late, and supplemented on March 15, 2017, so
the conditional approval is treated as a disapproval. The EPA also
proposed to approve New Jersey's October 17, 2014 submittal, as
supplemented on March 15, 2017, for the 1997 ozone and the 1997 and
2006 PM2.5 NAAQS.
Other detailed information relevant to this action on New Jersey's
infrastructure SIP submission, the requirements of infrastructure SIPs
and the rationale for the EPA's proposed action are explained in the
NPR and the associated Technical Support Document (TSD) in the docket
and are not restated here.
[[Page 24662]]
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's March 1, 2018 proposed rulemaking on New
Jersey's infrastructure SIP submission dated October 17, 2014, and as
supplemented on March 15, 2017, the EPA received fifteen comments from
the public during the 30-day public comment period. After reviewing the
comments, the EPA has determined that the comments are outside the
scope of our proposed action or fail to identify any material issue
necessitating a response. None of the comments raise issues germane to
the EPA's proposed action. For this reason, the EPA will not provide a
specific response to the comments. The comments may be viewed under
Docket ID Number EPA-R02-OAR-2016-0625 on the http://www.regulations.gov website.
III. What action is the EPA taking?
The EPA is approving New Jersey's infrastructure submittal dated
October 17, 2014, as supplemented on March 15, 2017, for the 2008
ozone, 2008 lead, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5. NAAQS, respectively,
as meeting the requirements of section 110(a)(2) of the CAA, including
specifically sections 110(a)(2)(A), (B), (C) (with the exception of
program requirements for PSD and the permitting program for minor
sources and minor modifications), (E), (F), (G), (H), (J) (with the
exception of program requirements related to PSD and visibility), (K),
(L), and (M) of the CAA.
The EPA is not taking action on the following elements that are not
germane to infrastructure SIPs: sections 110(a)(2)(C) (sub-element
related to nonattainment permitting); 110(a)(2)(I); and the visibility
requirements of section 110(a)(2)(J). In addition, with respect to 2008
lead, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS, the EPA previously
took action on CAA element 110(a)(2)(D)(i)(II) [prongs 3 and 4] and
will take action on CAA element 110(a)(2)(D)(i)(I) [prongs 1 and 2] at
a later date. As noted in the NPR, New Jersey withdrew the portion of
its October 17, 2014 SIP submission addressing 110(a)(2)(D)(i)(I) with
respect to the 2008 8-hour ozone NAAQS.
Also, with respect to the 1997 ozone and the 1997 and 2006
PM2.5. NAAQS, the EPA is approving that New Jersey has met
the infrastructure SIP requirements pertaining to sections
110(a)(2)(E)(ii) [conflict of interest] and (E)(iii) [oversight of
local governments and local authorities]; and with respect to the 1997
ozone NAAQS, we are approving that New Jersey has met the
infrastructure SIP requirements pertaining to section 110(a)(2)(G)
[emergency powers].
The EPA is deleting the deficiency at 40 CFR 52.1579 because the
deficiency identified is resolved by the approval of CAA section
110(a)(2)(E)(iii) for each of the NAAQS indicated in this action.
In addition, the EPA is incorporating into the New Jersey SIP the
following regulation and statutes:
N.J.S.A. 52:13D-14, 52:13D-16(a)-(b) and 52:13D-21(n) ``New
Jersey's Conflict of Interest Law,'' \2\
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\2\ N.J.S.A. 52:13D-14 (effective January 11, 1972). 52:13D-16
(effective January 11, 1972); most recent amendment to 52:13D-16,
(September 16, 1996). 52:13D-21 (effective January 11, 1972),
subsection 52:13D-21(n) (effective March 15, 2006).
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N.J.A.C 7:27-12, ``Prevention and Control of Air Pollution
Emergencies.'' \3\
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\3\ N.J.A.C 7:27-12 (state effective October 24, 1969 as amended
May 20, 1974).
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IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference the
regulation and statutes identified at the bottom of Section III of this
rule. The EPA has made, and will continue to make, these documents
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 EPA for inclusion in
the State implementation plan, have been incorporated by reference by
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
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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V. 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, 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 action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 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 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
[[Page 24663]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. 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 July 30, 2018. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 8, 2018.
Peter D. Lopez,
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. In Sec. 52.1570:
0
a. The table in paragraph (c) is amended by:
0
i. Revising the table heading;
0
ii. Revising the entry for ``Title 7, Chapter 27, Subchapter 12''; and
0
iii. Adding entries for ``N.J.S.A. 52:13D-14,'' ``52:13D-16(a)-(b),''
and ``52:13D-21(n)'' at the end of the table; and
0
b. The table in paragraph (e) is amended by adding an entry for ``NJ
Infrastructure SIP for the 2008 Lead, 2008 Ozone, 2010 Nitrogen
Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006
PM10, 2012 PM2.5, 1997 Ozone, and the 1997 and
2006 PM2.5 Standards'' at the end of the table.
The revisions and additions read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Jersey State Regulations and Laws
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State citation Title/subject State effective date EPA approval date Comments
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* * * * * * *
Title 7, Chapter 27, Subchapter 12. Prevention and Control May 20, 1974..................... May 30, 2018, [Insert
of Air Pollution Federal Register
Emergencies. citation].
* * * * * * *
N.J.S.A. 52:13D-14................. New Jersey's Conflict January 11, 1972................. May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
N.J.S.A.52:13D-16(a)-(b)........... New Jersey's Conflict September 16, 1996............... May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
N.J.S.A. 52:13D-21(n).............. New Jersey's Conflict March 15, 2006................... May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
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* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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Applicable geographic or New Jersey submittal
SIP element nonattainment area date EPA approval date Explanation
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* * * * * * *
NJ Infrastructure SIP for the 2008 State-wide....................... October 17, 2014 and May 30, 2018, [Insert
Lead, 2008 Ozone, 2010 Nitrogen supplemented on March Federal Register
Dioxide, 2010 Sulfur Dioxide, 2011 15, 2017. citation].
Carbon Monoxide, 2006 PM10, 2012
PM2.5, 1997 Ozone, and the 1997
and 2006 PM2.5 Standards.
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Sec. 52.1579 [Removed and Reserved]
0
3. Section 52.1579 is removed and reserved.
0
4. Section 52.1586 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Removing and reserving paragraph (a)(3); and
0
c. Adding a sentence at the end of paragraph (b)(1).
The revision and addition read as follows:
Sec. 52.1586 Section 110(a)(2) infrastructure requirements.
(a) * * *
(1) Approval. In a February 25, 2008 submittal and supplemented on
January 15, 2010, and in an October 17, 2014 submittal, as supplemented
on March 15, 2017, New Jersey certified that the State has satisfied
the Clean Air Act (CAA) infrastructure requirements of section
110(a)(2) for the 1997 8-hour
[[Page 24664]]
ozone and the 1997 and 2006 PM2.5 NAAQS requirements of CAA
sections 110(a)(2)(A), (B), (C) (enforcement program only), (D)(i)(II)
prong 4 (visibility), (E), (F), (G), (H), (J) (consultation and public
notification only), (K), (L), and (M).
* * * * *
(b) * * *
(1) * * * Submittal from New Jersey dated October 17, 2014, as
supplemented on March 15, 2017, 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 (A), (B), (C)
(enforcement program only), (E), (F), (G), (H), (J) (consultation and
public notification only), (K), (L), and (M).
* * * * *
[FR Doc. 2018-10801 Filed 5-29-18; 8:45 am]
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