82 FR 30758 - Approval and Promulgation of Implementation Plans; New Jersey; Revised Format for Materials Being Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30758-30767
FR Document		2017-13657

The Environmental Protection Agency (EPA) is revising the format for materials submitted by New Jersey that have been incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations and other materials affected by this format change have all been previously submitted by New Jersey and approved by EPA as SIP revisions. This format revision will primarily affect the ``Identification of plan'' section as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), and the EPA Region 2 Office. EPA is also adding a table in the ``Identification of plan'' section, which summarizes the approval actions that EPA has taken on the regulatory and non- regulatory portions of the New Jersey SIP.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30758-30767]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13657]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0060; FRL-9955-06-Region 2]

Approval and Promulgation of Implementation Plans; New Jersey;
Revised Format for Materials Being Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is revising the
format for materials submitted by New Jersey that have been
incorporated by reference (IBR) into its State Implementation Plan
(SIP). The regulations and other materials affected by this format
change have all been previously submitted by New Jersey and approved by
EPA as SIP revisions.
This format revision will primarily affect the ``Identification of
plan'' section as well as the format of the SIP materials that will be
available for public inspection at the National Archives and Records
Administration (NARA), and the EPA Region 2 Office. EPA is also adding
a table in the ``Identification of plan'' section, which summarizes the
approval actions that EPA has taken on the regulatory and non-
regulatory portions of the New Jersey SIP.

DATES: This rule is effective on July 3, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866; or the
National Archives and Records Administration. Please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information for Region 2 SIP materials. For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3716.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
A. Description of a SIP
B. How EPA Enforces SIPs
C. How the State and EPA Update the SIP
D. How EPA Compiles the SIP
E. How EPA Organizes the SIP Compilation
F. Where You Can Find a Copy of the SIP Compilation
G. The Format of the New Identification of Plan Section
H. When a State SIP Revision Becomes Part of the SIP and
Federally Enforceable
I. The Historical Record of SIP Revision Approvals
II. What is EPA doing in this action?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

A. Description of a SIP

In accordance with Section 110 of the Clean Air Act (Act), 42
U.S.C. 7410, each state has a SIP containing the control measures and
strategies to attain and maintain the National Ambient Air Quality
Standards (NAAQS) established pursuant to Section 109 of the Act, 42
U.S.C. 7409. SIPs contain numerous elements such as air pollution
control regulations, emission inventories, monitoring networks,
attainment demonstrations, and enforcement mechanisms.

B. How EPA Enforces SIPs

Before formally adopting rules that contain required control
measures and strategies as part of a SIP, each state must provide the
public with an opportunity to comment on them. The states then submit
these rules to EPA as requested SIP revisions, on which EPA must
formally act.
If and when these control measures and strategies are approved by
EPA after notice and comment rulemaking, they become enforceable by
EPA, and are incorporated into the federally approved SIP and
identified in title 40 of the Code of Federal Regulations, part 52
(Approval and Promulgation of Implementation Plans) (40 CFR part 52).
The actual state regulations approved by EPA are not reproduced in
their entirety in 40 CFR part 52, but are ``incorporated by
reference,'' which has the same effect as including the entire state
regulation in part 52. Incorporation by reference indicates that EPA
has approved a given state regulation with a specific effective date,
and that EPA, in addition to the state, may enforce that regulation
once it takes effect and is formally a part of the SIP. This format
allows both EPA and the public to know which state measures are
contained in a given SIP and are therefore federally enforceable. It
also helps identify the specific requirements that the state is
implementing to attain and maintain the NAAQS.

C. How the State and EPA Update the SIP

The SIP is periodically revised as necessary to address the
specific or unique air pollution problems in the state. Therefore, EPA
from time to time takes action on state SIP submissions containing new
and/or revised regulations and other materials; if approved, they
become part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the
procedures for incorporating by reference federally approved SIPs, as a
result of consultations between EPA and the Office of the Federal
Register (OFR).
As a result, EPA began the process of developing the following: (1)
A revised SIP document for each state that would be incorporated by
reference under the provisions of title 1 CFR part 51; (2) a revised
mechanism for announcing EPA approval of revisions to an applicable SIP
and updating both the IBR document and the CFR; and (3) a revised
format of the ``Identification of plan'' sections for each applicable
subpart to reflect these revised IBR procedures. The description of the
revised SIP document, IBR procedures, and ``Identification of plan''
format are discussed in further detail in the May 22, 1997, Federal
Register document.

[[Page 30759]]

D. How EPA Compiles the SIP

The federally approved regulations, source-specific requirements,
and nonregulatory provisions (entirely or portions of) submitted by
each state agency and approved by EPA have been organized into a ``SIP
compilation.'' The compilation is contained in three-ring binders and
will be updated, primarily on an annual basis. The New Jersey SIP
compilation is available at the Environmental Protection Agency, Region
2 Office: 290 Broadway, New York, New York 10007; (212) 637-4249.

E. How EPA Organizes the SIP Compilation

Each SIP compilation contains three parts approved by EPA: Part one
contains regulations, part two contains source-specific requirements,
and part three contains nonregulatory provisions. Each state's SIP
compilation contains a table of identifying information for each of
these three parts. In this action, EPA is publishing the tables
summarizing the applicable SIP requirements for New Jersey. The
effective dates in the tables indicate the date of the most recent
state revision of each regulation. The EPA Region 2 Office has the
primary responsibility for updating the compilation and ensuring its
accuracy.

F. Where You Can Find a Copy of the SIP Compilation

EPA's Region 2 Office developed and will maintain the compilation
for New Jersey. A copy of the full text of New Jersey's regulatory and
source-specific compilations will also be maintained at NARA.

G. The Format of the New Identification of Plan Section

In order to better serve the public, EPA revised the organization
of the ``Identification of plan'' section and included additional
information to clarify which provisions are the enforceable elements of
the SIP. The revised Identification of plan section contains five
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA-approved regulations, (d) EPA-approved source-specific
requirements, and (e) EPA-approved nonregulatory provisions such as
transportation control measures, statutes, control strategies, and
monitoring networks.

H. When a State SIP Revision Becomes Part of the SIP and Federally
Enforceable

All revisions to the applicable SIP become federally enforceable as
of the effective date of the revisions to paragraph (c), (d), or (e) of
the applicable Identification of plan section found in each subpart of
40 CFR part 52.

I. The Historical Record of SIP Revision Approvals

To facilitate enforcement of previously approved SIP provisions and
provide a smooth transition to the new SIP compilation, EPA has
retained the original Identification of plan section, previously
appearing in the CFR as the first or second section of part 52 for each
state subpart. After an initial two-year period, EPA will review its
experience with the new table format and will decide whether or not to
retain the historical Identification of plan appendices for some
further period.

II. What is EPA doing in this action?

This rule constitutes a reformatting exercise to ensure that all
revisions to the state programs and accompanying SIP that have already
occurred are accurately reflected in 40 CFR part 52. State SIP
revisions are subject to the EPA regulations at 40 CFR part 51. When
EPA receives a formal SIP revision request, the Agency must publish its
proposed rulemaking in the Federal Register and provide for public
comment before approval.
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation, and section 553(d)(3), which allows
an agency to make a rule effective immediately, thereby avoiding the
30-day delayed effective date otherwise provided for in the APA. This
rule simply reorganizes and codifies provisions that are already in
effect as a matter of law in Federal and approved state programs.
Accordingly, we find that public comment is ``unnecessary'' and
``contrary to the public interest'' under section 553 of the APA, since
the reorganization and codification of the revised format for denoting
IBR of the state materials into the SIP only reflects existing law and
since immediate notice in the CFR benefits the public by removing
outdated citations from the CFR.

III. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the New
Jersey regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov, NARA, and
the EPA Region 2 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). For information on the availability of this material at
NARA, go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act (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 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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011);
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

[[Page 30760]]

health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a 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).
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the New Jersey SIP compilations previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
reorganization update action for the State of New Jersey.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: June 2, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.

Part 52, chapter I, title 40 of the Code of Federal Regulations 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

Sec. 52.1570 [Redesignated as Sec. 52.1587]

0
2. Redesignate Sec. 52.1570 as Sec. 52.1587, and in newly
redesignated Sec. 52.1587, revise the section heading and paragraph
(a) to read as follows:

Sec. 52.1587 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of New Jersey'' and all revisions submitted by New Jersey
that were Federally approved prior to October 1, 2016.
* * * * *

0
3. A new Sec. 52.1570 is added to read as follows:

Sec. 52.1570 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New Jersey under section 110 of the Clean
Air Act, as amended, 42 U.S.C. 7401 et seq., and 40 CFR part 51 to meet
National Ambient Air Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after October 1, 2016 have been approved by EPA for
inclusion in the State implementation plan and for incorporation by
reference into the plan as it is contained in this section, and will be
considered by the Director of the Federal Register for approval in the
next update to the SIP compilation.
(2) EPA Region 2 certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New
York, New York 10007. To obtain the material, please call the Regional
Office. You may also inspect the material with an EPA approval date
prior to October 1, 2016 at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA approved regulations.

EPA-Approved New Jersey State Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26, Additional, June 1, 1987.............. June 29, 1990, ....................
Subchapter 2A. Specific 55 FR 26687.
Disposal
Regulations
for Sanitary
Landfills.
Title 7, Chapter 27, General May 1, 1956............... May 31, 1972, ....................
Subchapter 1. Provisions. 37 FR 10880.
Title 7, Chapter 27, Control and June 8, 1981.............. September 30, ....................
Subchapter 2. Prohibition of 1981, 46 FR
Open Burning. 47779.
Title 7, Chapter 27, Control and October 12, 1977.......... January 27, ....................
Subchapter 3. Prohibition of 1984, 49 FR
Smoke from 3463.
Combustion of
Fuel.

[[Page 30761]]

Title 7, Chapter 27, Control and April 20, 2009............ August 3, 2010, ....................
Subchapter 4. Prohibition of 75 FR 45483.
Particles from
Combustion of
Fuel.
Title 7, Chapter 27, Prohibition of October 12, 1977.......... January 27, ....................
Subchapter 5. Air Pollution. 1984, 49 FR
3463.
Title 7, Chapter 27, Control and May 23, 1977.............. January 26, Section 6.5,
Subchapter 6. Prohibition of 1979, 44 FR ``Variances,'' is
Particles from 5425. not approved (40
Manufacturing CFR 52.
Processes 52.1587(c)(20) and
(except 52.1604(a)). Any
section 6.5). State-issued
variances must be
formally
incorporated as SIP
revisions if EPA is
to be bound to
their provisions
(40 CFR
52.1604(a)).
Title 7, Chapter 27, Sulfur......... March 1, 1967............. May 31, 1972, ....................
Subchapter 7. 37 FR 10880.
Title 7, Chapter 27, Permits and April 5, 1985............. November 25, ....................
Subchapter 8. Certificates, 1986, 51 FR
Hearings, and 42565.
Confidentialit
y.
Title 7, Chapter 27, Section Permits and March 2, 1992............. April 15, 1994, ....................
8.11. Certificates, 59 FR 17933.
Hearings, and
Confidentialit
y.
Title 7, Chapter 27, Permits and June 20, 1994............. August 7, 1997, ....................
Sections 8.1 and 8.2. Certificates, 62 FR 42412.
Hearings, and
Confidentialit
y.
Title 7, Chapter 27, Sulfur in Fuels September 20, 2010........ January 3, Sulfur dioxide
Subchapter 9. 2012, 77 FR 19. ``bubble'' permits
issued by the State
pursuant to Section
9.2 and not waived
under the
provisions of
Section 9.4 become
applicable parts of
the SIP only after
receiving EPA
approval as a SIP
revision.
Title 7, Chapter 27, Sulfur in Solid April 20, 2009............ August 3, 2010, Notification of
Subchapter 10. Fuels. 75 FR 45483. ``large zone 3 coal
conversions'' must
be provided to EPA
(40 CFR
52.1601(b)).
Title 7, Chapter 27, Incinerators... August 15, 1968........... May 31, 1972, ....................
Subchapter 11. 37 FR 10880.
Title 7, Chapter 27, Prevention and March 27, 1972............ May 31, 1972, ....................
Subchapter 12. Control of Air 37 FR 10880.
Pollution
Emergencies.
Title 7, Chapter 27, Ambient Air June 25, 1985............. November 25, ....................
Subchapter 13. Quality 1986, 51 FR
Standards. 42565.
Title 7, Chapter 27, Control and July 1, 1985.............. June 13, 1986, On September 15,
Subchapter 14, Sections Prohibition of 51 FR 21549. 1997, Section 14.2
14.2(old). Air Pollution was re-numbered to
from Diesel- 14.6. The State did
Powered Motor not submit this
Vehicles. change as a SIP
revision.
Therefore, the July
1, 1985, version of
Section 14.2 will
continue to be the
EPA-approved
regulation.
Title 7, Chapter 27, Control and July 2, 2007.............. April 17, 2009, ....................
Subchapter 14, Section 14.1. Prohibition of 74 FR 17781.
Air Pollution
from Diesel-
Powered Motor
Vehicles.
Title 7, Chapter 27, Control and September 15, 1997........ April 17, 2009, ....................
Subchapter 14, Section 14.2. Prohibition of EPA approval
Air Pollution finalized at
from Diesel- 74 FR 17781.
Powered Motor
Vehicles.
Title 7, Chapter 27, Control and July 2, 2007.............. April 17, 2009, ....................
Subchapter 14, Section 14.3. Prohibition of EPA approval
Air Pollution finalized at
from Diesel- 74 FR 17781.
Powered Motor
Vehicles.
Title 7, Chapter 27, Control and November 16, 2009......... March 15, 2012, ....................
Subchapter 15. Prohibition of 77 FR 15263.
Air Pollution
from Gasoline-
Fueled Motor
Vehicles.
Title 7, Chapter 27, Control and April 20, 2009............ August 3, 2010, ....................
Subchapter 16. Prohibition of 75 FR 45483.
Air Pollution
by Volatile
Organic
Compounds.
Title 7, Chapter 27, Control and June 20, 1994............. August 7, 1997, Subchapter 17 is
Subchapter 17. Prohibition of 62 FR 42412. included in the SIP
Air Pollution only as it relates
by Toxic to the control of
Substances. perchloroethylene.

[[Page 30762]]

Title 7, Chapter 27, Control and March 15, 1993............ July 25, 1996, See July 25, 1996,
Subchapter 18. Prohibition of 61 FR 38591. for items not
Air Pollution included in this
from New or limited approval.
Altered
Sources
Affecting
Ambient Air
Quality
(Emission
Offset Rules).
Title 7, Chapter 27, Control and April 20, 2009, as August 3, 2010, Subchapter 19 is
Subchapter 19. Prohibition of corrected on June 15, 75 FR 45483. approved into the
Air Pollution 2009 and July 6, 2009. SIP except for the
from Oxides of following
Nitrogen. provisions: (1)
Phased compliance
plan through
repowering in
Section 19.21 that
allows for
implementation
beyond May 1, 1999;
and (2) phased
compliance plan
through the use of
innovative control
technology in
Section 19.23 that
allows for
implementation
beyond May 1, 1999.
Title 7, Chapter 27, Emission April 20, 2009............ August 3, 2010, Section 7:27-
Subchapter 21. Statements. 75 FR 45483. 21.3(b)(1) and 7:27-
21.3(b)(2) of New
Jersey's Emission
Statement rule
requires facilities
to report on the
following
pollutants to
assist the State in
air quality
planning needs:
Hydrochloric acid,
hydrazine,
methylene chloride,
tetrachloroethylene
, 1, 1, 1
trichloroethane,
carbon dioxide and
methane. EPA will
not take SIP-
related enforcement
action on these
pollutants.
Title 7, Chapter 27, Prevention of December 29, 2008......... December 22, ....................
Subchapter 23. Air Pollution 2010, 75 FR
from 80340.
Architectural
Coatings.
Title 7, Chapter 27, Prevention of December 29, 2008......... December 22, ....................
Subchapter 24. Air Pollution 2010, 75 FR
from Consumer 80340.
Products.
Title 7, Chapter 27, Control and December 29, 2008......... December 22, ....................
Subchapter 25. Prohibition of 2010, 75 FR
Air Pollution 80340.
by Vehicular
Fuels.
Title 7, Chapter 27, Prevention of December 29, 2008......... December 22, ....................
Subchapter 26. Air Pollution 2010, 75 FR
from 80340.
Adhesives,
Sealants,
Adhesive
Primers and
Sealant
Primers.
Title 7, Chapter 27, Low Emission January 17, 2006.......... February 13, In Section 29.13(g),
Subchapter 29. Vehicle (LEV) 2008, 73 FR Title 13, Chapter
Program. 8200. 1, Article 2,
Section 1961.1 of
the California Code
of Regulations
relating to
greenhouse gas
emission standards,
is not incorporated
into the SIP.
Title 7, Chapter 27, Clean Air July 16, 2007............. October 1, ....................
Subchapter 30. Interstate 2007, 72 FR
Rule (CAIR) 55672.
NOX Trading
Program.
Title 7, Chapter 27, NOX Budget July 16, 2007............. October 1, ....................
Subchapter 31. Program. 2007, 72 FR
55672.
Title 7, Chapter 27, TBAC Emissions December 29, 2008......... December 22, ....................
Subchapter 34. Reporting. 2010, 75 FR
80340.
Title 7, Chapter 27B, Air Test Method June 20, 1994............. August 7, 1997, ....................
Subchapter 3. 3: Sampling 62 FR 42412.
and Analytic
Procedures for
the
Determination
of Volatile
Organic
Compounds from
Source
Operations.
Title 7, Chapter 27B, Air Test Method November 16, 2009......... March 15, 2012, ....................
Subchapter 5. 5: Testing 77 FR 15263.
Procedures for
Gasoline-
Fueled
Vehicles.
Title 13, Chapter 20, Vehicle October 19, 2009.......... March 15, 2012, ....................
Subchapter 7, Sections: Inspection. 77 FR 15263.
7.1. 7.2, 7.3, 7.4, 7.5,
7.6.
Title 13, Chapter 20, Motorcycles.... October 19, 2009.......... March 15, 2012, ....................
Subchapter 24, Section 20. 77 FR 15263.

[[Page 30763]]

Title 13, Chapter 20, Compliance with October 19, 2009.......... March 15, 2012, ....................
Subchapter 26, Sections Diesel 77 FR 15263.
26.2 and 26.16. Emission
Standards and
Equipment,
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-
Inspection of
Certain
Classes of
Motor Vehicles.
Title 13, Chapter 20, Inspection of October 19, 2009.......... March 15, 2012, ....................
Subchapter 28, Sections New Motor 77 FR 15263.
28.3, 28.4 and 28.6. Vehicles.
Title 13, Chapter 20, Mobile October 19, 2009.......... March 15, 2012, ....................
Subchapter 29, Sections Inspection 77 FR 15263.
29.1, 29.2 and 29.3. Unit.
Title 13, Chapter 20, Inspection October 19, 2009.......... March 15, 2012, ....................
Subchapter 32. Standards and 77 FR 15263.
Test
Procedures to
be Used by
Official
Inspection
Facilities.
Title 13, Chapter 20, Inspection October 19, 2009.......... March 15, 2012, ....................
Subchapter 33. Standards and 77 FR 15263.
Test
Procedures to
be Used by
Licensed
Private
Inspection
Facilities.
Title 13, Chapter 20, Enhanced Motor October 19, 2009.......... March 15, 2012, ....................
Subchapter 43. Vehicle 77 FR 15263.
Inspection and
Maintenance
Program.
Title 13, Chapter 20, Private October 19, 2009.......... March 15, 2012, ....................
Subchapter 44. Inspection 77 FR 15263.
Facility
Licensing.
Title 13, Chapter 20, Motor Vehicle October 19, 2009.......... March 15, 2012, ....................
Subchapter 45. Emission 77 FR 15263.
Repair
Facility
Registration.
Title 13, Chapter 21, Registration December 6, 1999.......... January 22, ....................
Subchapter 5, Section 5.12. Plate Decals. 2002, 67 FR
2811.
Title 13, Chapter 21, New Jersey October 19, 2009.......... March 15, 2012, ....................
Subchapter 15, Sections Licensed Motor 77 FR 15263.
15.8 and 15.12. Vehicle
Dealers.
Title 16, Chapter 53........ Autobus September 26, 1983........ June 13, 1986, Only Sections 3.23,
Specifications. 51 FR 21549. 3.24, 3.27, 6.15,
6.21, 6.30, 7.14,
7.17, 7.23, 8.15,
8.22, 8.25 are
approved.
Title 39, Chapter 8, Motor Vehicle July 1, 2010.............. March 15, 2012, ....................
Subchapter 1. Inspections 77 FR 15263.
Exceptions.
Title 39, Chapter 8, Inspection of July 1, 2010.............. March 15, 2012, ....................
Subchapter 2. Motor 77 FR 15263.
Vehicles;
Rules,
Regulations.
Title 39, Chapter 8, Certificate of July 1, 2010.............. March 15, 2012, ....................
Subchapter 3. Approval, 77 FR 15263.
Issuance;
Owner's
Obligation for
Safety.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved State source-specific requirements.

EPA-Approved New Jersey Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Identifier No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Johnson Matthey................ 55270 June 13, 1995.... January 17, 1997, NOX RACT Facility
62 FR 2581. Specific NOX Emission
Limits NJAC 7:27-
9.13. Multi-chamber
metals recovery
furnace, installation
of low NOX burner.

[[Page 30764]]

Sandoz Pharmaceuticals 104855 March 23, 1995... January 17, 1997, NOX RACT Facility
Corporation. 62 FR 2581. Specific NOX Emission
Limits NJAC 7:27-
9.13. Controlled air
combustion small
trash from fired
boiler energy
recovery system.
PSEG Fossil Hudson Generation BOP110001 March 8, 2011.... January 3, 2012, NOX, SO2, PM10 BART
Station. 77 FR 19. source specific
control units: U1-OS1
(cyclone boiler
(shutdown)), U1-OS2
(dry bottom wall-
fired boiler), U15-
OS(coal receiving
system), U16-OS (coal
reclaim system).
Conoco Phillips (Facility is BOP110001 September 21, January 3, 2012, NOX, SO2 and PM10 BART
now Phillips 66.). 2011. 77 FR 19. source specific
control units: OS1-
E241, OS2-E243, OS3-
E245, OS4-E246, OS5-
E247, OS6-E248, OS7-
E249, OS8-E250, OS11-
E242, OS13-E253, and
OS15-E258 (process
heaters).
Vineland Municipal Electric BOP110001 September 26, January 3, 2012, NOX, SO2 and PM10 BART
Utility--Howard M. Down. 2011. 77 FR 19. source specific
control units: U10-
OS2(fuel oil boiler
retired September 1,
2012), U10-OS3
(turbine (shutdown)),
and U22-OS (emergency
generator).
BL England Generating Station BOP100003 December 16, 2010 January 3, 2012, NOX, SO2 and PM10 BART
(Facility is now RC Cape May.). 77 FR 19. source specific
control units: U1-
OS1(wet bottom coal-
fired boiler
(shutdown)), U2-OS1
(cyclone wet bottom
coal fired boiler),
U3-OS1 (oil-fired
tangential boiler),
U6-OS1 (emergency
fire water pump
engine), U7-OS1, U7-
OS2, U7-OS4, U7-OS5,
U7-OS6, U7-OS7,U7-
OS10, U7-OS11, U7-
OS12 (coal handling
systems) and U8-OS1
(cooling tower).
Atlantic States Cast Iron Pipe 85004 November 22, 1994 October 20, 1998, Approving NOX RACT
Company. 63 FR 55949. Source Specific
regulations NJAC 7:27-
19.13 Cupola and
Annealing Oven
processes. Effective
date 12/21/98.
Trigen-Trenton Energy Co....... 61015 January 11, 2007. July 16, 2008, 73 Alternative NOX
FR 40752. Emission Limit
pursuant to NJAC 7:27-
19.13 For 2 Cooper
Bessemer Distillate
Oil or Dual Fired 4
stroke Diesel
Internal Combustion
Engines.
PSE&G Nuclear Hope Creek and BOP050003 August 7, 2007 April 1, 2009, 74 TSP/PM 10 Source
Salem Generating Stations Significant FR 14734. Specific Variance to
Cooling Tower. Modification SIP NJAC 7:27-6.5
Approval. Cooling Tower Unit
24, OS1 Effective
Date 5/1/2009.
Co-Steel Corp of Sayreville 15076 September 3, 1997 November 12, NOX Source specific
(Formerly New Jersey Steel 2003, 68 FR emission limit under
Corporation). 63991. NJAC 7:27-19.13 for
Electric arc furnace,
melt shop metallurgy
and billet reheat
furnace sources.
Effective date 12/13/
2003.
----------------------------------------------------------------------------------------------------------------

(e) EPA approved nonregulatory and quasi-regulatory provisions.

EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey EPA approval Explanation
nonattainment area submittal date date
----------------------------------------------------------------------------------------------------------------
New Jersey NOX SIP Call Statewide........... April 26, 1999 May 22, 2001, ..........................
Budget Demonstration. and 66 FR 28063.
supplemented
on July 31,
2000.
2002 and 2005 Reasonable New Jersey portion April 11, 2001. February 4, ..........................
Further Progress Plans. of the New York- 2002, 67 FR
Northern New Jersey- 5152.
Long Island and
Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment areas.
2007 Reasonable Further New Jersey portion April 11, 2001. February 4, ..........................
Progress Plans. of the New York- 2002, 67 FR
Northern New Jersey- 5152.
Long Island 1-hour
ozone nonattainment
area.
2002, 2005 and 2007 New Jersey portion April 11, 2001. February 4, ..........................
Transportation Conformity of the New York- 2002, 67 FR
Budgets. Northern New Jersey- 5152.
Long Island Severe
and Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment areas.

[[Page 30765]]

Updated 1990, 1996, 1999, McGuire Air Force April 11, 2001. February 4, ..........................
2002 and 2005 General Base. 2002, 67 FR
Conformity Emissions Budget. 5152.
2002, 2005 and 2007 Ozone New Jersey portion April 11, 2001. February 4, ..........................
Projection Year Emission of the New York- 2002, 67 FR
Inventories. Northern New Jersey- 5152.
Long Island and
Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment areas.
1996 Base Year Emission Statewide and New April 11, 2001. February 4, ..........................
Inventories. Jersey portion of 2002, 67 FR
the New York- 5152.
Northern New Jersey-
Long Island Severe
and Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment areas.
RACM Analysis............... New Jersey portion October 16, February 4, ..........................
of the New York- 2001. 2002, 67 FR
Northern New Jersey- 5152.
Long Island Severe
and Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment areas.
1-Hour ozone Attainment New Jersey portion August 31 and February 4, ..........................
Demonstration for 2007. of the New York- October 16, 2002, 67 FR
Northern New Jersey- 1998 and April 5152.
Long Island Severe 26, 2000.
and Philadelphia-
Wilmington-Trenton
1-hour ozone
nonattainment area.
1-Hour ozone Attainment New Jersey portion August 31 and February 4, ..........................
Demonstration for 2005. of the Philadelphia- October 16, 2002, 67 FR
Wilmington-Trenton 1998 and April 5152.
1-hour ozone 26, 2000.
nonattainment area.
CO Attainment Demonstration New Jersey portion January 15, August 23, ..........................
and Redesignation Request. of the New York- 2002. 2002, 67 FR
Northern New Jersey- 54574.
Long Island 8-hour
CO nonattainment
area.
1996 CO Attainment Inventory New Jersey portion August 7, 1998 August 23, ..........................
of the New York- and 2002, 67 FR
Northern New Jersey- supplemented 54574.
Long Island 8-hour on October 1,
CO nonattainment 2001 and
area. January 15,
2002.
2007 and 2014 CO Projection New Jersey portion January 15, August 23, ..........................
Inventories. of the New York- 2002. 2002, 67 FR
Northern New Jersey- 54574.
Long Island 8-hour
CO nonattainment
area.
1997, 2007 and 2014 New Jersey portion December 10, August 23, ..........................
Transportation Conformity of the New York- 1999 and 2002, 67 FR
Budgets. Northern New Jersey- January 15, 54574.
Long Island 8-hour 2002.
CO nonattainment
area.
Redesignation request to New Jersey portion November 15, August 23, ..........................
attainment for the CO of the New York- 1992, October 2002, 67 FR
nonattainment area. Northern New Jersey- 4, 2003 and 54574.
Long Island 8-hour August 7, 1998
CO nonattainment and
area. supplemented
on October 1,
2001 and
January 15,
2002.
CO Maintenance Plan......... Atlantic, May 18, 2006... July 10, 2006, ..........................
Burlington, Mercer, 71 FR 38770.
Middlesex,
Monmouth, Morris,
Ocean, Salem and
Somerset (the 9 non-
classified areas)
and Camden County,
in New Jersey. CO
NAAQS.
2002 CO Attainment Inventory Atlantic, May 18, 2006... July 10, 2006, ..........................
Burlington, Mercer, 71 FR 38770.
Middlesex,
Monmouth, Morris,
Ocean, Salem and
Somerset (the 9 non-
classified areas)
and Camden County,
in New Jersey. CO
NAAQS.
1997 and 2007 CO Atlantic, May 21, 2006... July 10, 2006, ..........................
Transportation Conformity Burlington, Mercer, 71 FR 38770.
Motor Vehicle Emission Middlesex,
Budgets. Monmouth, Morris,
Ocean, Salem and
Somerset (the 9 non-
classified areas)
and Camden County,
in New Jersey. CO
NAAQS.
2007 and 2014 CO Five county New May 18, 2006... July 10, 2006, ..........................
Transportation Conformity Jersey portion of 71 FR 38770.
Emission Budgets. the New York-
Northern New Jersey-
Long Island CO
nonattainment area.
2002 VOC, NOX and CO ozone State-wide.......... May 18, 2006... July 10, 2006, ..........................
season and annual emissions 71 FR 38770.
inventory.

[[Page 30766]]

2002 PM2.5 and associated New Jersey portion May 18, 2006... July 10, 2006, ..........................
precursors annual emissions of the New York- 71 FR 38770.
inventory. Northern New Jersey-
Long Island PM2.5
nonattainment area
and statewide.
2005 and 2007 VOC, NOX and New Jersey portion May 18, 2006... July 10, 2006, ..........................
Transportation Conformity of the New York- 71 FR 38770.
Emission Budgets. Northern New Jersey-
Long Island ozone
nonattainment area.
Updated 1990, 1996, 1999, McGuire Air Force May 18, 2006... July 10, 2006, ..........................
2002 and 2005 General Base. 71 FR 38770.
Conformity Emissions Budget.
2005 and 2007 VOC and NOX New Jersey portion May 18, 2006... July 10, 2006, ..........................
Transportation Conformity of the Philadelphia- 71 FR 38770.
Emission Budgets. Wilmington-Trenton
ozone nonattainment
area.
2008 VOC and NOX Projection New Jersey portion October 29, May 15, 2009, ..........................
Inventories. of the New York- 2007. 74 FR 22837.
Northern New Jersey-
Long Island and
Philadelphia-
Wilmington-Atlantic
City ozone
nonattainment areas.
2008 Reasonably Further New Jersey portion October 29, May 15, 2009, ..........................
Progress Plans. of the New York- 2007. 74 FR 22837.
Northern New Jersey-
Long Island and
Philadelphia-
Wilmington-Atlantic
City ozone
nonattainment areas.
RACM Analysis............... New Jersey portion October 29, May 15, 2009, ..........................
of the New York- 2007. 74 FR 22837.
Northern New Jersey-
Long Island and
Philadelphia-
Wilmington-Atlantic
City ozone
nonattainment areas.
2008 VOC and NOX New Jersey portion October 29, May 15, 2009, ..........................
Transportation Conformity of the New York- 2007. 74 FR 22837.
Budgets. Northern New Jersey-
Long Island and
Philadelphia-
Wilmington-Atlantic
City ozone
nonattainment areas.
2008-2011 VOC and NOX McGuire Air Force October 29, May 15, 2009, ..........................
General Conformity Budgets. Base and Lakehurst 2007. 74 FR 22837.
Naval Air Station.
RACT Analysis............... State-wide.......... August 1, 2007. May 15, 2009, ..........................
74 FR 22837.
Regional Haze Plan from 2002- State-wide.......... July 28, 2009 January 3, ..........................
2018. and 2012, 77 FR 19.
supplemented
on December 9,
2010, March 2,
2011 and
December 7,
2011.
2002 and 2018 Regional Haze State-wide.......... July 28, 2009 January 3, ..........................
Modeling and Projection and 2012, 77 FR 19.
Inventory. supplemented
on December 9,
2010, March 2,
2011 and
December 7,
2011.
Reasonable Progress Goals State-wide.......... July 28, 2009 January 3, ..........................
Visibility Demonstration. and 2012, 77 FR 19.
supplemented
on December 9,
2010, March 2,
2011 and
December 7,
2011.
BART Analysis............... State-wide.......... July 28, 2009 January 3, ..........................
and 2012, 77 FR 19.
supplemented
on December 9,
2010, March 2,
2011 and
December 7,
2011.
8-hour ozone Attainment New Jersey portion October 29, February 11, ..........................
Demonstration. of the New York- 2007. 2013, 78 FR
Northern New Jersey- 9596.
Long Island and
Philadelphia-
Wilmington-Atlantic
City 8-hour ozone
nonattainment areas.
NJ Infrastructure SIP....... 1997 8-hour ozone February 25, June 14, 2013, ..........................
and 1997 and 2006 2008 and 78 FR 35764.
PM2.5 Standards. supplemented
on January 15,
2010.

[[Page 30767]]

Redesignation Request....... New Jersey portion December 26, September 4, ..........................
of the New York- 2012 and 2013, 78 FR
Northern New Jersey- supplemented 54396.
Long Island NY-NJ- on May 3, 2013.
CT and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-DE
PM2.5 1997 annual
and 2006 24-hour
PM2.5 nonattainment
areas.
PM2.5 Attainment New Jersey portion December 26, September 4, ..........................
Demonstration. of the New York- 2012 and 2013, 78 FR
Northern New Jersey- supplemented 54396.
Long Island NY-NJ- on May 3, 2013.
CT and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-DE
PM2.5 1997 annual
and 2006 24-hour
PM2.5 nonattainment
areas.
2007 Annual Attainment New Jersey portion December 26, September 4, ..........................
Inventory for PM2.5 and the of the New York- 2012 and 2013, 78 FR
associated PM2.5 precursors. Northern New Jersey- supplemented 54396.
Long Island NY-NJ- on May 3, 2013.
CT and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-DE
PM2.5 1997 annual
and 2006 24-hour
PM2.5 nonattainment
areas.
2017 (Interim) and 2025 New Jersey portion December 26, September 4, ..........................
PM2.5 and NOX Annual of the New York- 2012 and 2013, 78 FR
Projection Inventories. Northern New Jersey- supplemented 54396.
Long Island NY-NJ- on May 3, 2013.
CT and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-DE
PM2.5 1997 annual
and 2006 24-hour
PM2.5 nonattainment
areas.
2009 and 2025 PM2.5 and NOX New Jersey portion December 26, September 4, ..........................
Annual Emissions Motor of the New York- 2012 and 2013, 78 FR
Vehicle Emission Budgets. Northern New Jersey- supplemented 54396.
Long Island NY-NJ- on May 3, 2013.
CT and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-DE
PM2.5 1997 annual
and 2006 24-hour
PM2.5 nonattainment
areas.
CO Limited Maintenance Plan. New Jersey portion June 11, 2015 July 1, 2016, ..........................
of the New York- and February 81 FR 43096.
Northern New Jersey- 2016.
Long Island CO
nonattainment area.
2007 CO Attainment inventory New Jersey portion June 11, 2015 July 1, 2016, ..........................
of the New York- and February 81 FR 43096.
Northern New Jersey- 2016.
Long Island CO
nonattainment area.
----------------------------------------------------------------------------------------------------------------

Sec. 52.1605 [Removed and Reserved]

0
4. Section 52.1605 is removed and reserved.

[FR Doc. 2017-13657 Filed 6-30-17; 8:45 am]
BILLING CODE 6560-50-P

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; administrative change.
Dates		This rule is effective on July 3, 2017.
Contact		Raymond K. Forde, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3716.
FR Citation		82 FR 30758
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds