81 FR 43096 - Approval of Air Quality Implementation Plans; New Jersey, Carbon Monoxide Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range		43096-43097
FR Document		2016-15609

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the New Jersey Department of Environmental Protection. This revision establishes an updated ten-year carbon monoxide (CO) limited maintenance plan for the New Jersey portion of the New York-Northern New Jersey-Long Island (NYNNJLI) CO area which includes the following areas: Hudson, Essex, Bergen, and Union Counties, and the municipalities of Clifton, Passaic and Paterson in Passaic County. New Jersey qualifies for a limited maintenance plan, rather than a full maintenance plan, because monitoring concentrations of CO are less than 85% of the standard. In a limited maintenance plan, future-year projection inventories and transportation conformity budgets are not required. In addition, EPA is also approving the 2007 Attainment/Base Year CO emissions inventory and the shutdown of 5 CO maintenance monitors in New Jersey. The New Jersey portion of the NYNNJLI CO area was redesignated to attainment of the CO National Ambient Air Quality Standard (NAAQS) on August 23, 2002 and a maintenance plan was also approved at that time. By this action, EPA is approving a second limited maintenance plan for this area because it provides for continued attainment of the CO NAAQS for an additional ten years. The intended effect of this rulemaking is to approve a SIP revision that will insure continued maintenance of the CO NAAQS.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43096-43097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2016-0059; FRL-9948-57-Region 2]


Approval of Air Quality Implementation Plans; New Jersey, Carbon 
Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the New Jersey 
Department of Environmental Protection. This revision establishes an 
updated ten-year carbon monoxide (CO) limited maintenance plan for the 
New Jersey portion of the New York-Northern New Jersey-Long Island 
(NYNNJLI) CO area which includes the following areas: Hudson, Essex, 
Bergen, and Union Counties, and the municipalities of Clifton, Passaic 
and Paterson in Passaic County. New Jersey qualifies for a limited 
maintenance plan, rather than a full maintenance plan, because 
monitoring concentrations of CO are less than 85% of the standard. In a 
limited maintenance plan, future-year projection inventories and 
transportation conformity budgets are not required. In addition, EPA is 
also approving the 2007 Attainment/Base Year CO emissions inventory and 
the shutdown of 5 CO maintenance monitors in New Jersey.
    The New Jersey portion of the NYNNJLI CO area was redesignated to 
attainment of the CO National Ambient Air Quality Standard (NAAQS) on 
August 23, 2002 and a maintenance plan was also approved at that time. 
By this action, EPA is approving a second limited maintenance plan for 
this area because it provides for continued attainment of the CO NAAQS 
for an additional ten years. The intended effect of this rulemaking is 
to approve a SIP revision that will insure continued maintenance of the 
CO NAAQS.

DATES: This final rule is effective on August 1, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0059. 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., 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: Henry Feingersh, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, telephone number (212) 637-3382, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The supplementary Information section is 
arranged as follows:

Table of Contents

I. What Action is EPA Taking?
II. What Comments did EPA Receive on its Proposal and What are EPA's 
Responses?
III. What is the Adequacy Status of the CO Limited Maintenance Plan 
for the New Jersey Portion of the New York-Northern New Jersey-Long 
Island Area?
IV. What is EPA's Final Action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving New Jersey's SIP revision updating their existing 
ten-year carbon monoxide (CO) maintenance plan for the New Jersey 
portion of the New York-Northern New Jersey-Long Island (NYNNJLI) CO 
area, which includes the following areas: Hudson, Essex, Bergen, and 
Union Counties, and the municipalities of Clifton, Passaic and Paterson 
in Passaic County, with another ten-year plan. The reader is referred 
to the March 25, 2016 (81 FR 16102) proposal for details on this 
rulemaking.

II. What comments did EPA receive on its proposal and what are EPA's 
responses?

    EPA did not receive any comments on our proposed approval of the 
updated CO limited maintenance plan. EPA is approving the New Jersey 
SIP revision request.

III. What is the adequacy status of the CO limited maintenance plan for 
the New Jersey portion of the New York-Northern New Jersey-Long Island 
area?

    Section 118(e) of the transportation conformity rule (40 CFR part 
93) states that a conformity determination cannot be made using 
submitted motor vehicle emission budgets (``budgets'') until EPA makes 
a positive determination that the submitted budgets are adequate. In 
accordance with our rule, the limited maintenance plan for the New 
Jersey portion of the New York-Northern New Jersey-Long Island 
(NYNNJLI) CO area was posted for adequacy review on July 27, 2015 on 
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    As a general rule, however, limited maintenance plans, such as the 
maintenance plan for the NYNNJLI CO area, do not include budgets. 
Instead, for those areas that qualify under our

[[Page 43097]]

limited maintenance plan policy for CO, we have concluded that the area 
will continue to maintain the CO NAAQS regardless of the quantity of 
emissions from the on-road transportation sector, and thus there is no 
need to cap emissions from the on-road transportation sector for the 
maintenance period.
    Therefore, EPA's adequacy review of the limited maintenance plan 
for the NYNNJLI CO area primarily focuses on whether the area qualifies 
for the applicable limited maintenance plan policy for CO. From our 
review, EPA has concluded that the NYNNJLI CO area meets the criteria 
for a limited maintenance plan, and therefore we find the maintenance 
plan for the NYNNJLI CO area adequate for conformity purposes under our 
limited maintenance plan policy.

IV. What is EPA's final action?

    EPA is approving New Jersey's SIP revision updating their existing 
ten-year CO maintenance plan for the New Jersey portion of the New 
York-Northern New Jersey-Long Island (NYNNJLI) CO area. EPA is also 
approving the 2007 CO base year emissions inventory and the shutdown of 
5 CO maintenance monitors in New Jersey.

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 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. 
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 August 30, 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 21, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations 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 52.1581 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1581  Control strategy: Carbon monoxide.

* * * * *
    (f) Approval--The June 11, 2015 and February 8, 2016 revisions to 
the carbon monoxide (CO) maintenance plan for the New Jersey portion of 
the New York-Northern New Jersey-Long Island, NYNNJLI, CO area. These 
revisions contain a second ten-year limited maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for CO through the year 2024, a 2007 CO base year emissions 
inventory, and the shutdown of five CO maintenance monitors.

[FR Doc. 2016-15609 Filed 6-30-16; 8:45 am]
 BILLING CODE 6560-50-P

43096 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statutory civil penalties
for violations that
Statutory civil penalties, occurred after
U.S. Code citation Environmental statute as enacted November 2, 2015 and
assessed on or after Au-
gust 1, 2016

42 U.S.C. 11045(b)(1)(A) ............................. EPCRA ......................................................... 25,000 53,907
42 U.S.C. 11045(b)(2) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721
42 U.S.C. 11045(b)(3) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721
42 U.S.C. 11045(c)(1) .................................. EPCRA ......................................................... 25,000 53,907
42 U.S.C. 11045(c)(2) .................................. EPCRA ......................................................... 10,000 21,563
42 U.S.C. 11045(d)(1) .................................. EPCRA ......................................................... 25,000 53,907
42 U.S.C. 14304(a)(1) .................................. MERCURY—CONTAINING AND RE- 10,000 15,025
CHARGEABLE BATTERY MANAGE-
MENT ACT (BATTERY ACT).
42 U.S.C. 14304(g) ....................................... BATTERY ACT ............................................. 10,000 15,025

[FR Doc. 2016–15411 Filed 6–30–16; 8:45 am] August 23, 2002 and a maintenance I. What action is EPA taking?
BILLING CODE 6560–50–P plan was also approved at that time. By EPA is approving New Jersey’s SIP
this action, EPA is approving a second revision updating their existing ten-year
limited maintenance plan for this area carbon monoxide (CO) maintenance
ENVIRONMENTAL PROTECTION because it provides for continued plan for the New Jersey portion of the
AGENCY attainment of the CO NAAQS for an New York-Northern New Jersey-Long
additional ten years. The intended effect Island (NYNNJLI) CO area, which
40 CFR Part 52 of this rulemaking is to approve a SIP includes the following areas: Hudson,
[Docket No. EPA–R02–OAR–2016–0059; revision that will insure continued Essex, Bergen, and Union Counties, and
FRL–9948–57–Region 2] maintenance of the CO NAAQS. the municipalities of Clifton, Passaic
DATES: This final rule is effective on and Paterson in Passaic County, with
Approval of Air Quality Implementation August 1, 2016. another ten-year plan. The reader is
Plans; New Jersey, Carbon Monoxide
ADDRESSES: The EPA has established a referred to the March 25, 2016 (81 FR
Maintenance Plan
docket for this action under Docket ID 16102) proposal for details on this
AGENCY: Environmental Protection No. EPA–R02–OAR–2016–0059. All rulemaking.
Agency (EPA). documents in the docket are listed on
II. What comments did EPA receive on
ACTION: Final rule. the http://www.regulations.gov Web
its proposal and what are EPA’s
site. Although listed in the index, some
SUMMARY: The Environmental Protection responses?
information is not publicly available,
Agency (EPA) is approving a State e.g., CBI or other information whose EPA did not receive any comments on
Implementation Plan (SIP) revision disclosure is restricted by statute. our proposed approval of the updated
submitted by the New Jersey Certain other material, such as CO limited maintenance plan. EPA is
Department of Environmental copyrighted material, is not placed on approving the New Jersey SIP revision
Protection. This revision establishes an the Internet and will be publicly request.
updated ten-year carbon monoxide (CO) available only in hard copy form.
limited maintenance plan for the New III. What is the adequacy status of the
Publicly available docket materials are CO limited maintenance plan for the
Jersey portion of the New York-Northern available electronically through http://
New Jersey-Long Island (NYNNJLI) CO New Jersey portion of the New York-
www.regulations.gov. Northern New Jersey-Long Island area?
area which includes the following areas:
FOR FURTHER INFORMATION CONTACT: Section 118(e) of the transportation
Hudson, Essex, Bergen, and Union
Counties, and the municipalities of Henry Feingersh, Air Programs Branch, conformity rule (40 CFR part 93) states
Clifton, Passaic and Paterson in Passaic Environmental Protection Agency, 290 that a conformity determination cannot
County. New Jersey qualifies for a Broadway, 25th Floor, New York, New be made using submitted motor vehicle
limited maintenance plan, rather than a York 10007–1866, telephone number emission budgets (‘‘budgets’’) until EPA
full maintenance plan, because (212) 637–3382, or by email at makes a positive determination that the
monitoring concentrations of CO are feingersh.henry@epa.gov. submitted budgets are adequate. In
less than 85% of the standard. In a SUPPLEMENTARY INFORMATION: The accordance with our rule, the limited
limited maintenance plan, future-year supplementary Information section is maintenance plan for the New Jersey
projection inventories and arranged as follows: portion of the New York-Northern New
transportation conformity budgets are Table of Contents Jersey-Long Island (NYNNJLI) CO area
not required. In addition, EPA is also was posted for adequacy review on July
asabaliauskas on DSK3SPTVN1PROD with RULES

approving the 2007 Attainment/Base I. What Action is EPA Taking? 27, 2015 on EPA’s conformity Web site:
Year CO emissions inventory and the II. What Comments did EPA Receive on its http://www.epa.gov/otaq/
Proposal and What are EPA’s Responses?
shutdown of 5 CO maintenance stateresources/transconf/adequacy.htm.
III. What is the Adequacy Status of the CO
monitors in New Jersey. Limited Maintenance Plan for the New
As a general rule, however, limited
The New Jersey portion of the Jersey Portion of the New York-Northern maintenance plans, such as the
NYNNJLI CO area was redesignated to New Jersey-Long Island Area? maintenance plan for the NYNNJLI CO
attainment of the CO National Ambient IV. What is EPA’s Final Action? area, do not include budgets. Instead,
Air Quality Standard (NAAQS) on V. Statutory and Executive Order Reviews for those areas that qualify under our

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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43097

limited maintenance plan policy for CO, in the Unfunded Mandates Reform Act not be challenged later in proceedings to
we have concluded that the area will of 1995 (Pub. L. 104–4); enforce its requirements. (See section
continue to maintain the CO NAAQS • Does not have Federalism 307(b)(2)).
regardless of the quantity of emissions implications as specified in Executive
Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52
from the on-road transportation sector,
and thus there is no need to cap 1999); Environmental protection, Air
emissions from the on-road • Is not an economically significant pollution control, Carbon monoxide,
transportation sector for the regulatory action based on health or Incorporation by reference,
maintenance period. safety risks subject to Executive Order Intergovernmental relations, Reporting
Therefore, EPA’s adequacy review of 13045 (62 FR 19885, April 23, 1997); and recordkeeping requirements.
the limited maintenance plan for the • Is not a significant regulatory action
Dated: June 21, 2016.
NYNNJLI CO area primarily focuses on subject to Executive Order 13211 (66 FR
28355, May 22, 2001); Judith A. Enck,
whether the area qualifies for the
• Is not subject to requirements of Regional Administrator, Region 2.
applicable limited maintenance plan
section 12(d) of the National For the reasons set forth in the
policy for CO. From our review, EPA
Technology Transfer and Advancement preamble, the Environmental Protection
has concluded that the NYNNJLI CO
Act of 1995 (15 U.S.C. 272 note) because Agency amends part 52 of chapter I, title
area meets the criteria for a limited
application of those requirements would 40 of the Code of Federal Regulations as
maintenance plan, and therefore we find
be inconsistent with the Clean Air Act; follows:
the maintenance plan for the NYNNJLI
and
CO area adequate for conformity • Does not provide EPA with the PART 52—APPROVAL AND
purposes under our limited discretionary authority to address, as PROMULGATION OF
maintenance plan policy. appropriate, disproportionate human IMPLEMENTATION PLANS
IV. What is EPA’s final action? health or environmental effects, using
practicable and legally permissible ■ 1. The authority citation for part 52
EPA is approving New Jersey’s SIP methods, under Executive Order 12898 continues to read as follows:
revision updating their existing ten-year (59 FR 7629, February 16, 1994).
CO maintenance plan for the New Jersey Authority: 42 U.S.C. 7401 et seq.
In addition, this rule does not have
portion of the New York-Northern New tribal implications as specified by Subpart FF—New Jersey
Jersey-Long Island (NYNNJLI) CO area. Executive Order 13175 (65 FR 67249,
EPA is also approving the 2007 CO base November 9, 2000), because the SIP is ■ 2. Section 52.1581 is amended by
year emissions inventory and the not approved to apply in Indian country adding paragraph (f) to read as follows:
shutdown of 5 CO maintenance located in the state, and EPA notes that
monitors in New Jersey. § 52.1581 Control strategy: Carbon
it will not impose substantial direct monoxide.
V. Statutory and Executive Order costs on tribal governments or preempt
tribal law. * * * * *
Reviews
The Congressional Review Act, 5 (f) Approval—The June 11, 2015 and
Under the Clean Air Act, the U.S.C. 801 et seq., as added by the Small February 8, 2016 revisions to the carbon
Administrator is required to approve a Business Regulatory Enforcement monoxide (CO) maintenance plan for
SIP submission that complies with the Fairness Act of 1996, generally provides the New Jersey portion of the New York-
provisions of the Act and applicable that before a rule may take effect, the Northern New Jersey-Long Island,
Federal regulations. 42 U.S.C. 7410(k); agency promulgating the rule must NYNNJLI, CO area. These revisions
40 CFR 52.02(a). Thus, in reviewing SIP submit a rule report, which includes a contain a second ten-year limited
submissions, EPA’s role is to approve copy of the rule, to each House of the maintenance plan that demonstrates
state choices, provided that they meet Congress and to the Comptroller General continued attainment of the National
the criteria of the Clean Air Act. of the United States. EPA will submit a Ambient Air Quality Standard for CO
Accordingly, this action merely report containing this action and other through the year 2024, a 2007 CO base
approves state law as meeting Federal required information to the U.S. Senate, year emissions inventory, and the
requirements and does not impose the U.S. House of Representatives, and shutdown of five CO maintenance
additional requirements beyond those the Comptroller General of the United monitors.
imposed by state law. For that reason, States prior to publication of the rule in [FR Doc. 2016–15609 Filed 6–30–16; 8:45 am]
this action: the Federal Register. A major rule
• Is not a ‘‘significant regulatory cannot take effect until 60 days after it
BILLING CODE 6560–50–P

action’’ subject to review by the Office is published in the Federal Register.
of Management and Budget under This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). AGENCY
October 4, 1993); Under section 307(b)(1) of the Clean
• Does not impose an information Air Act, petitions for judicial review of 40 CFR Part 180
collection burden under the provisions this action must be filed in the United
of the Paperwork Reduction Act (44 States Court of Appeals for the [EPA–HQ–OPP–2016–0118; FRL–9947–34]
U.S.C. 3501 et seq.); appropriate circuit by August 30, 2016. 2-propenoic acid, 2-methyl-, 2-
asabaliauskas on DSK3SPTVN1PROD with RULES

• Is certified as not having a Filing a petition for reconsideration by oxiranylmethyl ester, polymer With
significant economic impact on a the Administrator of this final rule does ethene, ethenyl acetate,
substantial number of small entities not affect the finality of this action for ethenyltrimethoxysilane and sodium
under the Regulatory Flexibility Act (5 the purposes of judicial review nor does ethenesulfonate (1:1); Tolerance
U.S.C. 601 et seq.); it extend the time within which a Exemption
• Does not contain any unfunded petition for judicial review may be filed,
mandate or significantly or uniquely and shall not postpone the effectiveness AGENCY: Environmental Protection
affect small governments, as described of such rule or action. This action may Agency (EPA).

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Document Created: 2016-07-14 11:38:06
Document Modified: 2016-07-14 11:38:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on August 1, 2016.
Contact		Henry Feingersh, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, telephone number (212) 637-3382, or by email at [email protected]
FR Citation		81 FR 43096
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements