[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Proposed Rules]
[Pages 8818-8822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04191]
[[Page 8818]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0625, FRL-9975-03--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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of New Jersey's State Implementation Plan (SIP)
revision submitted 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 proposing to approve 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: Written comments must be received on or before April 2, 2018.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0625 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
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 action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What elements are required under CAA sections 110(a)(1) and
(2)?
IV. What did New Jersey submit?
V. How has the State addressed the elements of the section 110(a)(1)
and (2) ``infrastructure'' provisions?
VI. What action is the EPA taking?
VII. Incororation by Reference
VIII. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve elements of the State of New
Jersey's Infrastructure State Implementation Plan (SIP) submission,
dated October 17, 2014, and as supplemented on March 15, 2017, as
meeting the section 110(a) infrastructure requirements of the Clean Air
Act (CAA) for the following National Ambient Air Quality Standards
(NAAQS or standard): 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). As explained below, 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.
The EPA is also proposing 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 is also
now proposing 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.
II. What is the background for this proposed rulemaking?
On March 27, 2008 (73 FR 16436), the EPA promulgated a revised
NAAQS for ozone. The EPA revised the level of the 8-hour ozone NAAQS
from 0.08 parts per million (ppm) to 0.075 ppm.
On October 15, 2008 (73 FR 66964), the EPA promulgated a new NAAQS,
a rolling 3-month average NAAQS for lead. The 2008 lead NAAQS is 0.15
micrograms per cubic meter of air ([micro]g/m3) maximum
(not-to-be-exceeded).
On January 22, 2010 (75 FR 6474), the EPA promulgated a new 1-hour
primary NAAQS for NO2 at a level of 100 parts per billion
(ppb), based on a 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations.
On June 2, 2010 (75 FR 35520), the EPA promulgated a revised
primary NAAQS for SO2 at a level of 75 ppb, based on a 3-
year average of the annual 99th percentile of 1-hour daily maximum
concentrations.
On December 14, 2012 (78 FR 3086), the EPA promulgated a revised
primary NAAQS for PM2.5 for the annual standard. The revised
standard was set at the level of 12 [micro]g/m\3\ calculated as an
annual average, which is averaged over a three-year period.
On September 21, 2006 (71 FR 61144), the EPA retained the primary
and secondary 24-hour PM10 standard of 150 [micro]g/m\3\,
not to be exceeded more than once per year on average over a 3-year
period. The standard was initially promulgated on June 2, 1987 (52 FR
24634). The PM10 standard was also retained on December 14,
2012 (78 FR 3086).
On August 31, 2011 (54 FR 54294), the EPA retained the existing
primary and secondary standards for CO of 9 ppm as an 8-hour average,
and 35 ppm as a 1-hour standard average, neither to be exceeded more
than once per year. The standards were initially established on April
30, 1971 (36 FR 8186).
Section 110(a)(1) of the CAA provides the procedural and timing
requirements for SIPs. Section 110(a)(2) of the CAA lists specific
elements that states must meet for SIP requirements related to a newly
established or revised NAAQS. Sections 110(a)(1) and (2) of the CAA
require, in part, that states submit to EPA plans to implement,
maintain and enforce each of the NAAQS promulgated by the EPA. By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years
[[Page 8819]]
after promulgation of a new or revised standard. The EPA refers to this
type of SIP submission as the ``infrastructure'' SIP because the SIP
ensures that states can implement, maintain and enforce the air
standards.
On October 17, 2014 the New Jersey Department of Environmental
Protection (NJDEP) submitted a revision to its SIP to address
requirements under section 110(a)(2) of the CAA (the infrastructure
requirements) related to the 2008 lead, 2008 ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
On March 15, 2017, NJDEP submitted a supplement to the October 17, 2014
SIP submission. 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. New Jersey's SIP submission also addresses the infrastructure
requirements that were conditionally approved for the 1997 ozone and
the 1997 and 2006 PM2.5 NAAQS.
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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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On March 30, 2016, New Jersey withdrew the portion of the October
17, 2014 SIP submittal addressing 110(a)(2)(D)(i)(I) (prongs 1 and 2)
for the 2008 Ozone NAAQS. The EPA subsequently issued a Finding of
Failure to submit to New Jersey.\2\
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\2\ 81 FR 38963 (June 15, 2016).
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On September 6, 2016 \3\ EPA acted on elements of the October 17,
2014 SIP submittal that addressed interstate transport provisions
concerning the Prevention of Significant Deterioration (PSD)
regulations, and visibility protection. Section 110(a)(2)(D)(i)(II)
(prongs 3 and 4).
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\3\ 81 FR 64070 (September 19, 2016) (EPA disapproved prong 3,
addressing interstate transport provisions concerning the PSD
regulations, and approved prong 4, concerning visibility).
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III. What elements are required under CAA sections 110(a)(1) and (2)?
The infrastructure requirements of CAA section 110(a)(1) and (2)
are discussed in the following EPA guidance documents: EPA's October 2,
2007, ``Guidance on SIP Elements Required Under Section 110(a)(1) and
(2) for the 1997 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards;'' September 25, 2009, ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards;''
September 13, 2013, ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' \4\ (2013 Guidance) (addresses the 2008 ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS,
as well as infrastructure SIPs for new or revised NAAQS promulgated in
the future); October 14, 2011, ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS);'' March 17, 2016, ``Information on
Interstate Transport ``Good Neighbor'' Provision for the 2012 Fine
Particulate Matter National Ambient Air Quality Standards under Clean
Air Act section 110(a)(2)(D)(i)(I).''
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\4\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' can
be found at: http://www.epa.gov/airquality/urbanair/sipstatus/infrastructure.html.
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The EPA reviews each infrastructure SIP submission for compliance
with the applicable statutory provisions of CAA 110(a)(2). The 14
elements required to be addressed by CAA section 110(a)(2) are:
110(a)(2)(A): Emission limits and other control measures;
110(a)(2)(B): Ambient air quality monitoring/data system;
110(a)(2)(C): Program for enforcement of control measures;
110(a)(2)(D)(i)(I) and (II): Interstate pollution
transport;
110(a)(2)(D)(ii): Interstate and international pollution
abatement;
110(a)(2)(E): Adequate resources and authority, conflict
of interest, oversight of local governments and local authorities;
110(a)(2)(F): Stationary source monitoring and reporting;
110(a)(2)(G): Emergency powers;
110(a)(2)(H): Future SIP revisions;
110(a)(2)(I): Plan revisions for nonattainment areas
(under part D);
110(a)(2)(J): Consultation with government officials,
public notification, and PSD and visibility protection;
110(a)(2)(K): Air quality modeling and data;
110(a)(2)(L): Permitting fees;
110(a)(2)(M): Consultation/participation by affected local
entities.
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 of the CAA. See 77 FR 46354 (August 3,
2012); 77 FR 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
nonattainment permit program requirements of 110(a)(2)(C) or the
nonattainment planning requirements related to section 110(a)(2)(I).
One of the requirements of section 110(a)(2)(J) is that SIPs meet
the applicable requirements of CAA part C related to visibility. New
Jersey addresses visibility protection requirements through its
Regional Haze SIP submittal which the EPA approved on January 3, 2012
(77 FR 19). As indicated in the EPA's September 2013 Infrastructure
Guidance, although states are subject to visibility and regional haze
program requirements under CAA part C, the visibility and regional haze
requirements under CAA part C do not change due to promulgation of, or
revision to, a NAAQS. The SIP is not required to be revised with
respect to visibility protection since there are no new visibility
obligations. Accordingly, air agencies do not need to address the
visibility sub-element of section 110(a)(2)(J) in infrastructure SIP
submissions. Hence, the EPA considers this sub-element to be not
germane to infrastructure SIPs and therefore this action does not
address the visibility sub-element of section 110(a)(2)(J).
IV. What did New Jersey submit?
The EPA is acting on a New Jersey SIP submittal dated October 17,
2014 which addresses the section 110 infrastructure requirements for
the following seven NAAQS: 2008 ozone, 2008 lead, 2010 NO2,
2010 SO2, 2011 CO, 2006 PM10, and 2012
PM2.5. New Jersey's SIP revision also addresses the section
110(a)(2) infrastructure requirements for three elements that EPA
conditionally approved on June 14, 2013 (78 FR 35764) for the 1997
ozone and the 1997 and 2006 PM2.5 NAAQS. In a letter dated
October 28, 2014, the EPA determined that New Jersey's infrastructure
SIP revision, dated October 17, 2014, to be administratively complete
except for inclusion of a state adopted PSD program.
New Jersey's October 2014 section 110 submittal demonstrates how
the
[[Page 8820]]
State, where applicable, has a plan in place that meets the
requirements of section 110(a)(1) and (2) for the 2008 ozone, 2008
lead, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS and for the three
section 110(a)(2) elements conditionally approved by the EPA in June
2013 for the 1997 ozone and the 1997 and 2006 PM2.5 NAAQS.
The State's plan references the current New Jersey Air Quality SIP, the
New Jersey Statutes Annotated (NJSA) and/or the New Jersey
Administrative Code (NJAC). The NJSA and the NJAC (air pollution
control regulations) referenced in the submittal are publicly
available. On June 4, 2014, NJDEP issued a notice providing the public
the opportunity to comment and request a public hearing on the proposed
110 infrastructure SIP submittal. The public comment period ended on
July 23, 2014 and the public did not request, nor did NJDEP hold, a
public hearing. New Jersey air pollution control regulations that have
been previously approved by the EPA and incorporated into the New
Jersey SIP can be found at 40 CFR 52.1570 and are posted on the
internet at https://www.epa.gov/sips-nj/epa-approved-statutes-and-regulations-new-jersey-sip.
V. How has the State addressed the elements of the section 110(a)(1)
and (2) ``infrastructure'' provisions?
The EPA's evaluation and rationale for proposing action on New
Jersey's October 2014 infrastructure SIP submittal is detailed in the
``Technical Support Document for EPA's Proposed Rulemaking for the New
Jersey State Implementation Plan Revision For Meeting the
Infrastructure Requirements In the Clean Air Act'' dated February 2018
(TSD). The TSD also discusses in detail how New Jersey's SIP revision
addresses the infrastructure requirements of section 110(a)(1) and (2)
of the CAA. The TSD is available in the docket (EPA-R02-OAR-2016-0625).
The reader should refer to this TSD for the EPA's detailed rationale
for proposing approval of particular CAA section 110(a)(2) elements.
The EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
The following summarizes the EPA's proposed findings, based on the
detailed rationale discussed in the TSD, for New Jersey's SIP revision
addressing the infrastructure requirements of section 110(a)(1) and (2)
for the following seven NAAQS: 2008 ozone, 2008 lead, 2010
NO2, 2010 SO2, 2011 CO, 2006 PM10, and
2012 PM2.5 NAAQS:
In this rulemaking, the EPA is proposing to approve New Jersey's
infrastructure SIP submittal for the seven NAAQS noted herein as
addressing the requirements of CAA section 110(a)(2) (A), (B), (C)
(with the exception of program requirements for PSD and permitting
programs for minor sources and minor modifications), (E), (F), (G),
(H), (J) (with the exception of program requirements related to PSD),
(K), (L), and (M) of the CAA.
In accordance with 40 CFR part 51, appendix V, EPA found that New
Jersey's October 17, 2014 infrastructure SIP submittal is technically
incomplete for the portions addressing the infrastructure elements in
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) relating to the
permitting program for PSD, because New Jersey has not adequately
addressed the requirements of part C of title I of the CAA for having a
SIP approved PSD permit program. The EPA found the remainder of the SIP
submittal to be administratively and technically complete. On October
28, 2014, EPA sent a letter to New Jersey Department of Environmental
Protection notifying New Jersey of this determination. As a result of
this incompleteness finding, the EPA is not taking action on the PSD
related portions of section 110(a)(2)(C), (D)(ii), and (J) for the
seven NAAQS included in New Jersey's October 2014 infrastructure SIP
submittal, until New Jersey submits a SIP to address the PSD permit
program requirements of part C of title I of the CAA.\5\ The EPA
recognizes, however, that 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. New
Jersey is already subject to a Federal Implementation Plan (FIP) which
incorporates by reference the federal PSD provisions as codified in 40
CFR 51.21, with the exception of paragraph (a)(1), into the
implementation plan for the State. 40 CFR 52.1603.\6\ New Jersey would
not have to take further action for the FIP-based permitting process to
continue operating.
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\5\ As discussed in section II and footnote 3, above, EPA took
action on section 110(a)(2)(D)(i)(II) (prongs 3 and 4). 81 FR 64070
(Sept. 19, 2016).
\6\ On August 7, 1980 (45 FR 52676, at 52741), EPA disapproved a
number of states SIPs for PSD purposes, including New Jersey, and
incorporated by reference portions of the federal PSD provisions in
40 CFR 52.21 into the implementation plans for those states. This
FIP was subsequently amended to reflect amendments to the federal
PSD rule, on March 10, 2003 (68 FR 11316, at 11322) and December 24,
2003 (68 FR 74483, at 74488). The PSD FIP is incorporated by
reference in the New Jersey SIP in 40 CFR 52.1603.
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The EPA does not anticipate any adverse consequences to New Jersey
as a result of this incompleteness finding for the PSD related portions
of section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for New Jersey's
2014 infrastructure SIP revision. First, mandatory sanctions would not
apply to New Jersey under CAA section 179 because the failure to submit
a PSD SIP is neither required under title I part D of the CAA, nor in
response to a SIP call under section 110(k)(5) of the CAA. Second, EPA
is not subject to any further FIP duty from our finding of
incompleteness because of the PSD FIP that has already been approved,
and that addresses the SIP deficiency.
The EPA finds that the remainder of New Jersey's October 2014
infrastructure submittal provides the basic program elements specified
in section 110(a)(2) of the CAA necessary to implement, maintain, and
enforce the NAAQS. A detailed summary of EPA's review and rationale for
approving New Jersey's infrastructure SIP submittal may be found in the
TSD for this rulemaking action which is available on line at
www.regulations.gov, Docket ID Number EPA-R02-OAR-2016-0625.
The EPA is not acting on the portions of the SIP submittal
addressing CAA section 110(a)(2)(D)(i)(I) with respect to the 2008
ozone, 2008 lead, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5 NAAQS. As previously
mentioned, in a letter to EPA dated March 30, 2016, New Jersey withdrew
the portion of its October 17, 2014 SIP submission addressing
110(a)(2)(D)(i)(I) for interstate transport requirements (commonly
referred to as the ``Good Neighbor Provision'' or ``prongs 1 and 2'')
with respect to the 2008 8-hour ozone NAAQS.\7\ The EPA will address
the requirements of CAA sections 110(a)(2)(D)(i)(I) for the 2008 lead,
2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 in a separate action at a
later date.
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\7\ On June 15, 2016 (81 FR 38963) the EPA issued a finding that
New Jersey failed to submit an infrastructure SIP revision for the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I),
also called the ``good neighbor'' provision, for the 2008 8-hour
ozone NAAQS. On November 16, 2015, the EPA proposed a rule to
address the ``good neighbor'' provisions of the 2008 ozone NAAQS.
The rule proposed to promulgate FIPs in 23 states, including New
Jersey, to reduce interstate transport as to the 2008 ozone NAAQS.
The EPA finalized the rule and respective FIPs on September 7, 2016.
81 FR 74504 (Oct. 26, 2016).
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The following summarizes the EPA's proposed findings, based on the
detailed rationale discussed in the TSD, for New Jersey's SIP revision
addressing the
[[Page 8821]]
infrastructure requirements of section 110(a)(1) and (2) for the 1997
8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS:
In this rulemaking, the EPA is also proposing to approve New
Jersey's infrastructure SIP submittal for the 1997 8-hour ozone NAAQS
and the 1997 and 2006 PM2.5 NAAQS as addressing the
requirements in CAA sections 110(a)(2)(E)(ii) [conflict of interest
provisions] and (E)(iii) [oversight of local governments and local
authorities]; and proposing to approve New Jersey's infrastructure SIP
submittal for the 1997 8-hour ozone NAAQS as addressing the
requirements in CAA section 110(a)(2)(G) [emergency powers]. The EPA
previously conditionally approved sub-elements 110(a)(2)(E)(ii) and
(E)(iii) and element 110(a)(2)(G) in a final rule dated June 14, 2013
(see 78 FR 35764). The EPA's approval was conditioned upon New Jersey
correcting the following deficiencies within one year of EPA's June 14,
2013 final rule:
Sub-element 110(E)(ii) [conflict of interest provisions]:
Submitting for approval into the SIP the statutes or regulations
necessary to substantially meet the requirements of CAA section
128(a)(2) that addresses conflict of interest;
Sub-element 110(E)(iii) [oversight of local governments
and local authorities]: Identify the local governments or authorities
that: (a) Participate in the SIP planning efforts, (b) have been
delegated responsibilities to implement or enforce portions of the SIP,
and (c) provide copies of the agreement or memoranda of understanding
(MOU) between the State and local governments or authorities;
Element 110(G) [emergency powers]: Submit for approval
into the SIP the current version of NJAC 7:27-12 ``Prevention and
Control of Air Pollution Emergencies'' (Subchapter 12) and submit the
current version the emergency criteria levels that the State will use
in making alerts, warnings or emergencies.
With reference to New Jersey's infrastructure SIP submittal for the
1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS,
New Jersey, in a letter dated May 2, 2013, committed to correct the
deficiencies that the EPA identified in the April 10, 2013 proposed
rule (78 FR 21296) within one year from the effective date of the EPA's
June 14, 2013 final rule, i.e., one year from July 15, 2013, or by July
15, 2014. In the SIP submittal dated October 17, 2014, as supplemented
in a letter dated March 15, 2017, New Jersey addressed the deficiencies
that the EPA identified in the June 14, 2013 final rule. However, CAA
section 110(k)(4) requires states to meet their commitment not later
than one year after conditional approval; if not, a conditional
approval is treated as a disapproval. Therefore, since New Jersey's
October 17, 2014 SIP revision was submitted late, sub-elements
110(a)(2)(E)(ii) and (E)(iii) and element 110(a)(2)(G) for the 1997 8-
hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS were
disapproved, by operation of law. However, the EPA has reviewed New
Jersey's October 17, 2014 SIP revision, as supplemented on March 15,
2017, and is now proposing to find that the State has fully addressed
the deficiencies that EPA identified in the June 14, 2013 final rule.
The reader is referred to the TSD for this action for details
concerning the EPA's analysis. Therefore, the EPA is proposing to
approve New Jersey's infrastructure SIP submittal for the 1997 8-hour
ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS as addressing
the requirements of CAA sections 110(a)(2)(E)(ii) [conflict of interest
provisions] and (E)(iii) [oversight of local governments and local
authorities]; and proposing to approve New Jersey's infrastructure SIP
submittal for the 1997 8-hour ozone NAAQS as addressing the
requirements of CAA section 110(a)(2)(G) [emergency powers].
With the State's submittal of information that addresses CAA
section 110(a)(2)(E)(iii), the EPA is proposing to remove 40 CFR
52.1579 (Intergovernmental cooperation) that the EPA previously
identified as not meeting the requirements of subpart M
(Intergovernmental Consultation) of part 51 since the SIP had not
adequately described the responsibilities of local agencies in
developing, implementing and enforcing the SIP.
VI. What action is the EPA taking?
The EPA is proposing to approve 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 above, 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
proposing to approve 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
proposing to approve that New Jersey has met the infrastructure SIP
requirements pertaining to section 110(a)(2)(G) [emergency powers].
The EPA is proposing to delete the deficiency at 40 CFR 52.1579
because the deficiency identified would be 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 proposing to incorporate 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,'' \8\
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\8\ 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.'' \9\
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\9\ N.J.A.C 7:27-12 state effective October 24, 1969 (as amended
May 20, 1974).
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VII. Incorporation by Reference
In this rule, the EPA is proposing to include in a final rule
regulatory text that iucludes incorporation by reference. In accordance
with the requiremnents of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the regulations and statutes identified at the
bottom of Section VI 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).
[[Page 8822]]
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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);
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 CAA; 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 proposed rulemaking action, pertaining to New
Jersey's section 110(a)(2) infrastructure requirements for the 1997 and
2008 ozone NAAQS, 1997, 2006 and 2012 PM2.5 NAAQS, 2006
PM10 NAAQS, 2010 NO2 NAAQS, 2010 SO2
NAAQS, 2011 CO NAAQS, and 2008 lead NAAQS do 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Intergovernmental relations, Lead, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 14, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-04191 Filed 2-28-18; 8:45 am]
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