81 FR 64070 - Partial Approval and Partial Disapproval of Air Quality Implementation Plans; NJ; Infrastructure SIP Requirements for 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 181 (September 19, 2016)
Federal Register Volume 81, Issue 181 (September 19, 2016)
| Page Range | 64070-64072 | |
| FR Document | 2016-22400 |
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)] [Rules and Regulations] [Pages 64070-64072] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22400] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2016-0389; FRL-9952-41-Region 2] Partial Approval and Partial Disapproval of Air Quality Implementation Plans; NJ; Infrastructure SIP Requirements for 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 PM2.5, 2006 PM10 and 2011 Carbon Monoxide NAAQS: Interstate Transport Provisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of a New Jersey State Implementation Plan (SIP) submittal pertaining to the infrastructure requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide (NO2 ), 2010 Sulfur Dioxide (SO2 ), 2011 Carbon Monoxide (CO), 2006 Particulate Matter of ten microns or less (PM10 ), and 2012 Particulate Matter of 2.5 microns or less (PM2.5 ) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements relating to interstate transport provisions concerning the Prevention of Significant Deterioration of Air Quality (PSD) regulations, and visibility protection. DATES: This rule is effective on October 19, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2016-0389. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. [[Page 64071]] FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212-637-3702, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', and ``our'' means EPA. I. Background and Purpose II. What action is EPA taking? III. Statutory and Executive Order Reviews I. Background and Purpose This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements in New Jersey's infrastructure SIP submitted on October 17, 2014 to address applicable infrastructure requirements with respect to the 2008 Lead, 2008 Ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 , 2006 PM10 and 2011 CO NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA commonly refers to such state plans as ``infrastructure SIPs.'' In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS (commonly referred to as prong 1), or interfering with maintenance of the NAAQS (prong 2), in any another state. Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration (PSD) of air quality (prong 3) and to protect visibility (prong 4) in another state. This rulemaking pertains only to the portion of the SIP submittal addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). On March 30, 2016, New Jersey withdrew the portion of the submittal addressing 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 2008 Ozone NAAQS. EPA subsequently issued a Finding of Failure to Submit to New Jersey.\1\ EPA will address the other portions of the October 17, 2014 infrastructure SIP submittal in a separate action. --------------------------------------------------------------------------- \1\ 81 FR 38963 (June 15, 2016). --------------------------------------------------------------------------- EPA proposed action on the October 17, 2014 submittal on July 27, 2016 (81 FR 49205). In that action, EPA proposed to disapprove the portions of New Jersey's October 17, 2014 SIP submission addressing prong 3 and proposed to approve the portions addressing prong 4 regarding CAA section 110(a)(2)(D)(i) requirements. No comments were received on the proposal. The reader is referred to the July 27, 2016 proposed rulemaking for a detailed discussion of New Jersey's submittal and EPA's review and proposed actions. II. What action is EPA taking? EPA is approving the portion of the October 17, 2014 SIP submittal from New Jersey pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) requirement for visibility (or prong 4) for the 2008 Lead, 2008 Ozone, 2010 NO2 , 2010 SO2 , and 2012 p.m.2.5, 2006 p.m.10 and 2011 CO NAAQS. New Jersey has elected to comply with the Federal PSD requirements by accepting delegation of the Federal rules and has been successfully implementing this program for many years. However, EPA does not recognize a delegated PSD program as satisfying the Infrastructure SIP requirements. Therefore, EPA is disapproving New Jersey's submittal pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) requirement for PSD (or prong 3) for the 2008 Lead, 2008 Ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 , 2006 p.m.10 and 2011 CO NAAQS. However, the disapprovals will not trigger any sanctions or additional Federal Implementation Plan obligation since a PSD Federal Implementation Plan is already in place. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This final action is not a ``significant regulatory action'' under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This final action does not impose an information collection burden under the PRA because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This rule does not impose any requirements or create impacts on small entities. This partial SIP approval and partial SIP disapproval under CAA section 110 will not in-and-of itself create any new requirements but simply approves and disapproves certain state requirements for inclusion into the SIP. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action does not apply on any Indian reservation land, any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely partially approves and partially disapproves a SIP submittal from the State of New Jersey. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a [[Page 64072]] significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. This action merely partially approves and partially disapproves a SIP submittal from the State of New Jersey. K. Congressional Review Act (CRA) This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 18, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Carbon monoxide, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 6, 2016. Judith A. Enck, Regional Administrator, Region 2. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart FF--New Jersey 0 2. Section 52.1586 is amended by adding paragraph (b) and adding and reserving paragraph (c) to read as follows: Sec. 52.1586 Section 110(a)(2) infrastructure requirements. * * * * * (b) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 2006 PM10 and 2011 CO NAAQS--(1) Approval. Submittal from New Jersey dated October 17, 2014 to address the CAA infrastructure requirements of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2 , 2012 PM2.5 , 2006 PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4 (visibility). (2) Disapproval. Submittal from New Jersey dated October 17, 2014 to address the CAA infrastructure requirements of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2 , 2012 PM2.5 , 2006 PM10 and 2011 CO NAAQS is disapproved for (D)(i)(II) prong 3 (PSD program only). These requirements are being addressed by Sec. 52.1603 which has been delegated to New Jersey to implement. (c) [Reserved] [FR Doc. 2016-22400 Filed 9-16-16; 8:45 am] BILLING CODE 6560-50-P
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that may result in the expenditure by a ■ 2. Add temporary § 165.T01–0813 to ENVIRONMENTAL PROTECTION
State, local, or tribal government, in the read as follows: AGENCY
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or § 165.T01–0813 Security Zones: Rosecliff 40 CFR Part 52
more in any one year. Though this rule Mansion and Newport Marriott Hotel,
Newport, Rhode Island. [EPA–R02–OAR–2016–0389; FRL–9952–41–
does not result in such an expenditure,
Region 2]
we do discuss the effects of this rule (a) Location. The following areas are
elsewhere in this preamble. security zones: All navigable waters, Partial Approval and Partial
F. Environment from surface to bottom, within 500 Disapproval of Air Quality
yards of Rosecliff Mansion (approximate Implementation Plans; NJ;
We have analyzed this rule under position 41°¥27′54″ N., 071°¥18′18″ Infrastructure SIP Requirements for
Department of Homeland Security W.) and the Newport Marriott Hotel 2008 Lead, 2008 Ozone, 2010 Nitrogen
Management Directive 023–01 and (approximate position 41°¥29′23″ N., Dioxide, 2010 Sulfur Dioxide, and 2012
Commandant Instruction M16475.lD, 071°¥19′04″ W.), Newport, Rhode PM2.5, 2006 PM10 and 2011 Carbon
which guide the Coast Guard in Island. Monoxide NAAQS: Interstate Transport
complying with the National Provisions
Environmental Policy Act of 1969 (42 (b) Effective and enforcement period.
U.S.C. 4321–4370f), and have This rule will be effective and enforced AGENCY: Environmental Protection
determined that this action is one of a from 4 p.m. to 11:30 p.m. on Tuesday, Agency (EPA).
category of actions that do not September 20, 2016 at Rosecliff ACTION: Final rule.
individually or cumulatively have a Mansion, and from 4 p.m. to 11:30 p.m.
significant effect on the human on Thursday, September 22, 2016, at the SUMMARY: The Environmental Protection
environment. This rule involves the Newport Marriott Hotel. Agency (EPA) is partially approving and
establishment of temporary security partially disapproving elements of a
(c) Definitions. The following
zones for special events being held in New Jersey State Implementation Plan
definitions apply to this section: (SIP) submittal pertaining to the
conjunction with the 22nd International ‘‘Designated on-scene patrol personnel’’
Seapower Symposium. Normally such infrastructure requirements of section
means any commissioned, warrant and 110(a)(1) and (2) of the Clean Air Act
actions are categorically excluded from petty officers of the U.S. Coast Guard
further review under paragraph 34(g) of (CAA) for the 2008 Lead, 2008 Ozone,
operating Coast Guard vessels who have 2010 Nitrogen Dioxide (NO2), 2010
Figure 2–1 of Commandant Instruction
been authorized to act on the behalf of Sulfur Dioxide (SO2), 2011 Carbon
M16475.lD. An environmental analysis
checklist and Categorical Exclusion the Captain of the Port, Southeastern Monoxide (CO), 2006 Particulate Matter
Determination are available in the New England. of ten microns or less (PM10), and 2012
docket where indicated under (d) Regulations. (1) The general Particulate Matter of 2.5 microns or less
ADDRESSES. We seek any comments or regulations contained in 33 CFR 165.30 (PM2.5) National Ambient Air Quality
information that may lead to the and 165.33 apply. Standards (NAAQS). The infrastructure
discovery of a significant environmental requirements are designed to ensure that
(2) In accordance with the general the structural components of each
impact from this rule. regulations in 33 CFR 165.33 of this state’s air quality management program
G. Protest Activities part, entry into or movement within are adequate to meet the state’s
these zones is prohibited unless responsibilities under the CAA. This
The Coast Guard respects the First authorized by the Captain of the Port,
Amendment rights of protesters. action pertains specifically to
Southeastern New England. infrastructure requirements relating to
Protesters are asked to contact the
person listed in the FOR FURTHER (3) Any vessel permitted to enter interstate transport provisions
INFORMATION CONTACT section to these security zones shall comply with concerning the Prevention of Significant
coordinate protest activities so that your the Coast Guard Captain of the Port or Deterioration of Air Quality (PSD)
message can be received without designated on-scene patrol personnel. regulations, and visibility protection.
jeopardizing the safety or security of (4) Upon being hailed by a U.S. Coast DATES: This rule is effective on October
people, places or vessels. Guard vessel by siren, radio, flashing 19, 2016.
light or other means, the operator of the ADDRESSES: The EPA has established a
List of Subjects in 33 CFR Part 165
vessel shall proceed as directed. docket for this action under Docket ID
Harbors, Marine safety, Navigation No. EPA–R02–OAR–2016–0389. All
(water), Reports and recordkeeping (5) Persons and vessels may request documents in the docket are listed on
requirements, Security measures, and permission to enter the zone on VHF– the http://www.regulations.gov Web
Waterways. 16. site. Although listed in the index, some
For the reasons discussed in the Dated: August 31, 2016. information is not publicly available,
preamble, the Coast Guard amends 33 J.A. Smith, e.g., Confidential Business Information
CFR part 165 as follows: Commander, U.S. Coast Guard, Acting or other information whose disclosure is
Captain of the Port, Southeastern New restricted by statute. Certain other
PART 165—REGULATED NAVIGATION England. material, such as copyrighted material,
AREAS AND LIMITED ACCESS AREAS [FR Doc. 2016–22463 Filed 9–16–16; 8:45 am]
is not placed on the Internet and will be
publicly available only in hard copy.
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BILLING CODE 9110–04–P
■ 1. The authority citation for part 165 Publicly available docket materials are
continues to read as follows: available either electronically through
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; http://www.regulations.gov or please
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; contact the person identified in the FOR
Department of Homeland Security Delegation FURTHER INFORMATION CONTACT section
No. 0170.1. for additional information.
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FOR FURTHER INFORMATION CONTACT: to Submit to New Jersey.1 EPA will C. Regulatory Flexibility Act (RFA)
Kenneth Fradkin, 212–637–3702, address the other portions of the I certify that this action will not have
fradkin.kenneth@epa.gov. October 17, 2014 infrastructure SIP a significant economic impact on a
SUPPLEMENTARY INFORMATION:
submittal in a separate action. substantial number of small entities
Throughout this document, ‘‘we’’, ‘‘us’’, EPA proposed action on the October under the RFA. This rule does not
and ‘‘our’’ means EPA. 17, 2014 submittal on July 27, 2016 (81 impose any requirements or create
FR 49205). In that action, EPA proposed impacts on small entities. This partial
I. Background and Purpose to disapprove the portions of New
II. What action is EPA taking? SIP approval and partial SIP
Jersey’s October 17, 2014 SIP disapproval under CAA section 110 will
III. Statutory and Executive Order Reviews
submission addressing prong 3 and not in-and-of itself create any new
I. Background and Purpose proposed to approve the portions requirements but simply approves and
addressing prong 4 regarding CAA disapproves certain state requirements
This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements. No
section 110(a)(2)(D)(i) requirements in for inclusion into the SIP.
comments were received on the
New Jersey’s infrastructure SIP proposal. The reader is referred to the D. Unfunded Mandates Reform Act
submitted on October 17, 2014 to July 27, 2016 proposed rulemaking for (UMRA)
address applicable infrastructure a detailed discussion of New Jersey’s This action does not contain any
requirements with respect to the 2008 submittal and EPA’s review and unfunded mandate as described in
Lead, 2008 Ozone, 2010 NO2, 2010 SO2, proposed actions. UMRA, 2 U.S.C. 1531–1538, and does
and 2012 PM2.5, 2006 PM10 and 2011 CO not significantly or uniquely affect small
NAAQS. II. What action is EPA taking?
governments. The action imposes no
The requirement for states to make a EPA is approving the portion of the enforceable duty on any state, local or
SIP submission of this type arises out of October 17, 2014 SIP submittal from tribal governments or the private sector.
CAA section 110(a)(1). Pursuant to New Jersey pertaining to the
section 110(a)(1), states must make SIP requirements of CAA section E. Executive Order 13132: Federalism
submissions ‘‘within 3 years (or such 110(a)(2)(D)(i)(II) requirement for This action does not have federalism
shorter period as the Administrator may visibility (or prong 4) for the 2008 Lead, implications. It will not have substantial
prescribe) after the promulgation of a 2008 Ozone, 2010 NO2, 2010 SO2, and direct effects on the states, on the
national primary ambient air quality 2012 p.m.2.5, 2006 p.m.10 and 2011 CO relationship between the national
standard (or any revision thereof),’’ and NAAQS. government and the states, or on the
these SIP submissions are to provide for New Jersey has elected to comply distribution of power and
the ‘‘implementation, maintenance, and with the Federal PSD requirements by responsibilities among the various
enforcement’’ of such NAAQS. The accepting delegation of the Federal rules levels of government.
statute directly imposes on states the and has been successfully implementing F. Executive Order 13175: Consultation
duty to make these SIP submissions, this program for many years. However, and Coordination With Indian Tribal
and the requirement to make the EPA does not recognize a delegated PSD Governments
submissions is not conditioned upon program as satisfying the Infrastructure
EPA’s taking any action other than SIP requirements. Therefore, EPA is This action does not have tribal
promulgating a new or revised NAAQS. disapproving New Jersey’s submittal implications as specified in Executive
Section 110(a)(2) includes a list of pertaining to the requirements of CAA Order 13175. This action does not apply
specific elements that ‘‘[e]ach such section 110(a)(2)(D)(i)(II) requirement on any Indian reservation land, any
plan’’ submission must address. EPA for PSD (or prong 3) for the 2008 Lead, other area where the EPA or an Indian
commonly refers to such state plans as 2008 Ozone, 2010 NO2, 2010 SO2, and tribe has demonstrated that a tribe has
‘‘infrastructure SIPs.’’ In particular, 2012 PM2.5, 2006 p.m.10 and 2011 CO jurisdiction, or non-reservation areas of
section 110(a)(2)(D)(i)(I) requires SIPs to NAAQS. However, the disapprovals will Indian country. Thus, Executive Order
include provisions prohibiting any not trigger any sanctions or additional 13175 does not apply to this action.
source or other type of emissions Federal Implementation Plan obligation G. Executive Order 13045: Protection of
activity in one state from contributing since a PSD Federal Implementation Children From Environmental Health
significantly to nonattainment of the Plan is already in place. Risks and Safety Risks
NAAQS (commonly referred to as prong
1), or interfering with maintenance of III. Statutory and Executive Order The EPA interprets Executive Order
the NAAQS (prong 2), in any another Reviews 13045 as applying only to those
state. Section 110(a)(2)(D)(i)(II) requires regulatory actions that concern
A. Executive Order 12866: Regulatory
SIPs to include provisions prohibiting environmental health or safety risks that
Planning and Review
any source or other type of emissions the EPA has reason to believe may
This final action is not a ‘‘significant disproportionately affect children, per
activity in one state from interfering
regulatory action’’ under the terms of the definition of ‘‘covered regulatory
with measures required to prevent
Executive Order (EO) 12866 (58 FR action’’ in section 2–202 of the
significant deterioration (PSD) of air
51735, October 4, 1993) and was Executive Order. This action is not
quality (prong 3) and to protect
therefore not submitted to the Office of subject to Executive Order 13045
visibility (prong 4) in another state.
Management and Budget for review. because it merely partially approves and
This rulemaking pertains only to the partially disapproves a SIP submittal
portion of the SIP submittal addressing B. Paperwork Reduction Act (PRA)
rmajette on DSK2TPTVN1PROD with RULES
from the State of New Jersey.
section 110(a)(2)(D)(i)(II)(prongs 3 and This final action does not impose an
4). On March 30, 2016, New Jersey information collection burden under the H. Executive Order 13211: Actions That
withdrew the portion of the submittal PRA because it does not contain any Significantly Affect Energy Supply,
addressing 110(a)(2)(D)(i)(I) (prongs 1 information collection activities. Distribution or Use
and 2) for the 2008 Ozone NAAQS. EPA This action is not subject to Executive
subsequently issued a Finding of Failure 1 81 FR 38963 (June 15, 2016). Order 13211, because it is not a
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significant regulatory action under PART 52—APPROVAL AND requirements are designed to ensure that
Executive Order 12866. PROMULGATION OF the structural components of each
IMPLEMENTATION PLANS state’s air quality management program
I. National Technology Transfer and
are adequate to meet the state’s
Advancement Act ■ 1. The authority citation for part 52 responsibilities under the CAA. The
This rulemaking does not involve continues to read as follows: proposed rule associated with this final
technical standards. Authority: 42 U.S.C. 7401 et seq. action was published on June 23, 2016,
J. Executive Order 12898: Federal and we received no comments.
Actions To Address Environmental Subpart FF—New Jersey
DATES:This final rule is effective on
Justice in Minority Populations and October 19, 2016.
■ 2. Section 52.1586 is amended by
Low-Income Populations
adding paragraph (b) and adding and ADDRESSES: EPA has established a
EPA believes the human health or reserving paragraph (c) to read as docket for this action under Docket ID
environmental risk addressed by this follows: No. EPA–R05–OAR–2015–0824. All
action will not have potential documents in the docket are listed on
disproportionately high and adverse § 52.1586 Section 110(a)(2) infrastructure
requirements. the www.regulations.gov Web site.
human health or environmental effects Although listed in the index, some
on minority, low-income or indigenous * * * * *
information is not publicly available,
populations because it does not affect (b) 2008 Lead, 2008 8-hour ozone,
i.e., Confidential Business Information
the level of protection provided to 2010 NO2, 2010 SO2, 2012 PM2.5, 2006
(CBI) or other information whose
human health or the environment. This PM10 and 2011 CO NAAQS—(1)
disclosure is restricted by statute.
action merely partially approves and Approval. Submittal from New Jersey
Certain other material, such as
partially disapproves a SIP submittal dated October 17, 2014 to address the
copyrighted material, is not placed on
from the State of New Jersey. CAA infrastructure requirements of
the Internet and will be publicly
section 110(a)(2) for the 2008 Lead, 2008
K. Congressional Review Act (CRA) available only in hard copy form.
8-hour ozone, 2010 NO2, 2010 SO2, 2012
This action is subject to the CRA, and Publicly available docket materials are
PM2.5, 2006 PM10 and 2011 CO NAAQS
EPA will submit a rule report to each available either through
is approved for (D)(i)(II) prong 4
House of the Congress and to the www.regulations.gov or at the
(visibility).
Comptroller General of the United (2) Disapproval. Submittal from New Environmental Protection Agency,
States prior to publication of the rule in Jersey dated October 17, 2014 to address Region 5, Air and Radiation Division, 77
the Federal Register. A major rule the CAA infrastructure requirements of West Jackson Boulevard, Chicago,
cannot take effect until 60 days after it section 110(a)(2) for the 2008 Lead, 2008 Illinois 60604. This facility is open from
is published in the Federal Register. 8-hour ozone, 2010 NO2, 2010 SO2, 2012 8:30 a.m. to 4:30 p.m., Monday through
This action is not a ‘‘major rule’’ as PM2.5, 2006 PM10 and 2011 CO NAAQS Friday, excluding Federal holidays. We
defined by 5 U.S.C. 804(2). is disapproved for (D)(i)(II) prong 3 (PSD recommend that you telephone Joseph
program only). These requirements are Ko, Environmental Engineer, at (312)
L. Judicial Review 886–7947 before visiting the Region 5
being addressed by § 52.1603 which has
Under section 307(b)(1) of the CAA, been delegated to New Jersey to office.
petitions for judicial review of this implement. FOR FURTHER INFORMATION CONTACT:
action must be filed in the United States (c) [Reserved] Joseph Ko, Environmental Engineer,
Court of Appeals for the appropriate Attainment Planning and Maintenance,
circuit by November 18, 2016. Filing a [FR Doc. 2016–22400 Filed 9–16–16; 8:45 am]
BILLING CODE 6560–50–P
Air Programs Branch (AR–18J),
petition for reconsideration by the Environmental Protection Agency,
Administrator of this final rule does not Region 5, 77 West Jackson Boulevard,
affect the finality of this action for the Chicago, Illinois 60604, (312) 886–7947,
purposes of judicial review nor does it ENVIRONMENTAL PROTECTION
AGENCY ko.joseph@epa.gov.
extend the time within which a petition
for judicial review may be filed, and SUPPLEMENTARY INFORMATION:
40 CFR Part 52
shall not postpone the effectiveness of Throughout this document whenever
such rule or action. This action may not [EPA–R05–OAR–2015–0824; FRL–9952–42– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
be challenged later in proceedings to Region 5] EPA. This supplementary information
enforce its requirements. (See CAA section is arranged as follows:
Air Plan Approval; Ohio; Infrastructure
section 307(b)(2)). I. What did Ohio submit, and what is the
SIP Requirements for the 2012 PM2.5
List of Subjects in 40 CFR Part 52 scope of EPA’s action?
NAAQS
II. What action is EPA taking?
Environmental protection, Air AGENCY: Environmental Protection III. Statutory and Executive Order Reviews
pollution control, Intergovernmental Agency (EPA).
relations, Incorporation by reference, I. What did Ohio submit, and what is
ACTION: Final rule.
Carbon monoxide, Lead, Nitrogen the scope of EPA’s action?
dioxide, Ozone, Particulate matter, SUMMARY: The Environmental Protection A. What state SIP submission does this
Sulfur dioxide, Volatile organic Agency (EPA) is approving elements of rulemaking address?
compounds. the state implementation plan (SIP)
rmajette on DSK2TPTVN1PROD with RULES
Authority: 42 U.S.C. 7401 et seq. submission from Ohio regarding the This rulemaking addresses a
Dated: September 6, 2016. infrastructure requirements of section submission from the Ohio
110 of the Clean Air Act (CAA) for the Environmental Protection Agency
Judith A. Enck,
2012 fine particulate matter (PM2.5) (OEPA), describing its infrastructure SIP
Regional Administrator, Region 2.
National Ambient Air Quality Standards for the 2012 PM2.5 NAAQS, dated
40 CFR part 52 is amended as follows: (NAAQS). The infrastructure December 4, 2015.
VerDate Sep<11>2014 14:11 Sep 16, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/81_FR_64251/page/3.svg)
Document Created: 2016-09-17 02:29:56
Document Modified: 2016-09-17 02:29:56
| 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 rule is effective on October 19, 2016. | |
| Contact | Kenneth Fradkin, 212-637-3702, [email protected] | |
| FR Citation | 81 FR 64070 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference; Carbon Monoxide; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Dioxide and Volatile Organic Compounds |
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