[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35764-35765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14071]

[[Page 35764]]



40 CFR Part 52

[EPA-R02-OAR-2013-0130, FRL-9824-1]

Approval and Promulgation of Implementation Plans; New Jersey; 
Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine 
Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving most 
elements of New Jersey's State Implementation Plan (SIP) revisions 
submitted to demonstrate that the State meets the requirements of 
section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-
hour ozone and the 1997 and 2006 fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS). EPA 
is conditionally approving certain elements of the submittals, as well 
as determining that certain elements of New Jersey's submittals do not 
meet section 110(a)(2) requirements with existing State rules. Section 
110(a) of the CAA requires that each state adopt and submit a SIP for 
the implementation, maintenance and enforcement of each NAAQS 
promulgated by the EPA and is commonly referred to as an infrastructure 

DATES: Effective Date: This rule is effective on July 15, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2013-0130. All documents in the docket are listed on 
the www.regulations.gov Web site. 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
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. The Air Programs Branch dockets 
are available from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The Air Programs Branch telephone number is 

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249, or by email at 
[email protected].


I. Background and Purpose

    Under CAA section 110(a)(1), states are required to submit plans 
called state implementation plans (SIPs) that provide for the 
implementation, maintenance and enforcement of each NAAQS and are 
referred to as infrastructure SIPs. 42 U.S.C. 7410(a)(1). On July 18, 
1997, EPA promulgated new and revised NAAQS for 8-hour ozone (62 FR 
38856) and PM2.5 (62 FR 38652). EPA strengthened the 24-hour 
PM2.5 NAAQS on October 17, 2006 (71 FR 61144). The 14 
elements required to be addressed in infrastructure SIPs are as 
follows: (1) Emission limits and other control measures; (2) ambient 
air quality monitoring/data system; (3) program for enforcement of 
control measures; (4) interstate transport; (5) adequate resources; (6) 
stationary source monitoring system; (7) emergency power; (8) future 
SIP revisions; (9) consultation with government officials; (10) public 
notification; (11) prevention of significant deterioration (PSD) and 
visibility protection; (12) air quality modeling/data; (13) permitting 
fees, and (14) consultation/participation by affected local entities.
    EPA is acting on two New Jersey SIP submittals, dated February 25, 
2008 and January 15, 2010, which address the section 110 infrastructure 
requirements for the three NAAQS: The 1997 8-hour ozone NAAQS, the 1997 
annual and 24-hour PM2.5 NAAQS, and the 2006 24-hour 
PM2.5 NAAQS. This action does not address the requirements 
of section 110(a)(2)(D)(i) for the 1997 ozone and 1997 PM2.5 
NAAQS, since they were addressed in previous rulemakings. See October 
1, 2007 (72 FR 55666). Additionally, this action does not address the 
requirements of section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS, which was addressed in a previous EPA 
rulemaking. See July 20, 2011 (76 FR 43153). Two elements identified in 
section 110(a)(2) are not governed by the three year submission 
deadline of section 110(a)(1) because SIPs incorporating necessary 
local nonattainment area controls are not due within three years after 
promulgation of a new or revised NAAQS, but rather due at the time that 
the nonattainment area plan requirements are due pursuant to section 
172. See 77 FR 46352, 46354 (August 3, 2012) (footnote 3); 77 FR 60307, 
60308 (October 3, 2012) (footnote 1). These requirements are: (1) 
Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I of 
the CAA, and (2) submissions required by section 110(a)(2)(I) which 
pertain to the nonattainment planning requirements of part D, Title I 
of the CAA. As a result, this action does not address the above 
infrastructure elements related to section 110(a)(2)(C) or 
    EPA proposed action on the two SIP revisions on April 10, 2013 (78 
FR 21296) and no comments were received on the proposal. The reader is 
referred to the April 10, 2013 proposed rulemaking for a detailed 
discussion of New Jersey's submittals and EPA's review and proposed 
    In a letter dated May 2, 2013, New Jersey committed to address the 
following 110(a)(2) elements and sub-elements which EPA proposed to 
conditionally approve: E(ii) (conflict of interest provisions), E(iii) 
(delegations), and for the 1997 8-hour ozone element (G) (emergency 
powers) with a SIP submittal within one year of EPA taking final 

II. What action is EPA taking?

    EPA is approving New Jersey's submittals as fully meeting the 
infrastructure requirements for the 1997 8-hour ozone and the 1997 and 
2006 PM2.5 NAAQS for the following section 110(a)(2) 
elements and sub-elements: (A), (B), (C) (as it relates to the 
enforcement of SIPs), (D)(i)(II) prong 4 (visibility), (E)(i), (F), 
(H), (J) (consultation), (J) (public notification), (K), (L), and (M). 
With the full approval of section 110(a)(2)(F), 40 CFR 52.1574 and 40 
CFR 52.1575 have been satisfied and EPA is removing them from the CFR.
    EPA is conditionally approving New Jersey's submittals for the 1997 
8-hour ozone and 1997 and 2006 PM2.5 NAAQS for the following 
110(a)(2) elements and sub-elements: E(ii) (conflict of interest 
provisions), E(iii) (delegations), and for the 1997 8-hour ozone 
element (G) (emergency powers). New Jersey committed in a May 2, 2013 
letter to correct the deficiencies and submit them to EPA within one 
year of this action.
    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 submittals 
for the 1997 8-hour ozone and 1997 and 2006 PM2.5 NAAQS 
section 110(a)(2)

[[Page 35765]]

sub-elements: (C), prong 3 of (D)(i)(II), and (J) as they relate to the 
State's lack of a State adopted PSD program, as well as (D)(ii), which 
relates to interstate and international pollution abatement and PSD. 
However, these 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

    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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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. 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. 
    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 August 13, 2013. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 5, 2013.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:


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

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

Subpart FF--New Jersey

Sec.  52.1574  [Removed and Reserved]

2. Section 52.1574 is removed and reserved.

Sec.  52.1575  [Removed and Reserved]

3. Section 52.1575 is removed and reserved.
4. Section 52.1586 is added to read as follows:

Sec.  52.1586  Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. (1) 
Approval. In a February 25, 2008 submittal and supplemented on January 
15, 2010, 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 ozone and the 1997 and 2006 PM2.5 NAAQS. These 
submittals satisfy the 1997 8-hour 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)(i), (F), (H), (J) (consultation and public notification only), (K), 
(L), and (M).
    (2) Disapproval. Submittal from New Jersey dated February 25, 2008 
and supplement dated January 15, 2010 to address the CAA infrastructure 
requirements for the 1997 8-hour ozone and the 1997 and 2006 
PM2.5 NAAQS are disapproved for the following sections 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), 
(D)(ii), and (J) (PSD program only). These requirements are being 
addressed by 40 CFR 52.1603 which has been delegated to New Jersey to 
    (3) Conditional approval. Submittal from New Jersey dated February 
25, 2008 and supplement dated January 15, 2010 to address the CAA 
infrastructure requirements for the 1997 8-hour ozone and the 1997 and 
2006 PM2.5 NAAQS are conditionally approved for the 
following sections 110(a)(2)(E)(ii) (conflict of interest provisions), 
(E)(iii) (delegations), and for the 1997 8-hour ozone element section 
110(a)(2)(G)(emergency powers). This conditional approval is contingent 
upon New Jersey taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the State to EPA Region 2 dated May 2, 2013.
    (b) [Reserved]

[FR Doc. 2013-14071 Filed 6-13-13; 8:45 am]