82_FR_45660 82 FR 45472 - Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan

82 FR 45472 - Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range45472-45473
FR Document2017-20821

The Environmental Protection Agency (EPA) is approving New Jersey's regional haze progress report, submitted on June 28, 2016, as a revision to its State Implementation Plan (SIP). New Jersey's SIP revision addresses requirements of the Clean Air Act and the EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals established for regional haze and a determination of the adequacy of the state's existing regional haze SIP. The EPA is approving New Jersey's determination that the State's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period which extends through 2018.

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017) 
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45472-45473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20821]



[[Page 45472]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0413; FRL-9968-63-Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving New 
Jersey's regional haze progress report, submitted on June 28, 2016, as 
a revision to its State Implementation Plan (SIP). New Jersey's SIP 
revision addresses requirements of the Clean Air Act and the EPA's 
rules that require each state to submit periodic reports describing 
progress towards reasonable progress goals established for regional 
haze and a determination of the adequacy of the state's existing 
regional haze SIP. The EPA is approving New Jersey's determination that 
the State's regional haze SIP is adequate to meet these reasonable 
progress goals for the first implementation period which extends 
through 2018.

DATES: This rule is effective on October 30, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0413. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., 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 form. Publicly available docket materials are 
available through www.regulations.gov, or please contact the person 
identified in the For Further Information Contact section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3381 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the Regional Haze Rule,\1\ each state was required to submit 
its first implementation plan addressing regional haze visibility 
impairment to the EPA no later than December 17, 2007. See 40 CFR 
51.308(b). New Jersey submitted its regional haze plan on July 28, 
2009. On January 3, 2012, the EPA approved New Jersey's regional haze 
SIP submittal addressing the requirements of the first implementation 
period for regional haze. 77 FR 19 (Jan.3, 2012).
---------------------------------------------------------------------------

    \1\ 40 CFR part 51, subpart P.
---------------------------------------------------------------------------

    Each state is also required to submit a progress report in the form 
of a SIP revision that evaluates progress towards the reasonable 
progress goals (RPGs) for each mandatory Class I Federal area within 
the state and for each mandatory Class I Federal area outside the state 
which may be affected by emissions from within the state. See 40 CFR 
51.308(g). Each state is also required to submit, at the same time as 
the progress report, a determination of the adequacy of its existing 
regional haze SIP. See 40 CFR 51.308(h). The progress report SIP was 
due five years after submittal of the initial regional haze SIP.
    On June 28, 2016, New Jersey submitted to the EPA, as a revision to 
its SIP, a report on progress made towards the RPGs for Class I areas 
in the State and for Class I areas outside the State that are affected 
by emissions from sources within the State. In its progress report SIP, 
New Jersey concludes the elements and strategies relied on in its 
original regional haze SIP are sufficient to enable New Jersey and 
neighboring states to meet all established RPGs. In a notice of 
proposed rulemaking (NPRM) published on August 1, 2017 (82 FR 35734), 
the EPA proposed to approve New Jersey's progress report as satisfying 
the requirements of 40 CFR 51.308(g) and 51.308(h). No comments were 
received on the August 1, 2017 proposed rulemaking.

II. Final Action

    EPA is finalizing approval of New Jersey's Regional Haze Progress 
Report SIP revision, submitted by New Jersey on June 28, 2016, as 
meeting the requirements of 40 CFR 51.308(g) and 51.308(h).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) 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 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,

[[Page 45473]]

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 November 28, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 19, 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

0
2. In Sec.  52.1570(e), the table titled ``EPA APPROVED NEW JERSEY 
NONREGULATORY AND QUASI-REGULATORY PROVISIONS'' is amended by adding 
the entry ``Regional Haze Five-Year Progress Report'' at the end of the 
table to read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

                                          EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Applicable geographic or
            SIP element                      nonattainment area            New Jersey  submittal date      EPA approval date           Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Regional Haze Five-Year Progress     State-wide........................  June 28, 2016................  September 29, 2017,     ........................
 Report.                                                                                                 [Federal Register
                                                                                                         page citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-20821 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P

45472 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations ENVIRONMENTAL PROTECTION implementation plan addressing additional requirements beyond those AGENCY regional haze visibility impairment to imposed by state law. For that reason, the EPA no later than December 17, this action: 40 CFR Part 52 2007. See 40 CFR 51.308(b). New Jersey • Is not a ‘‘significant regulatory [EPA–R02–OAR–2016–0413; FRL–9968–63– submitted its regional haze plan on July action’’ subject to review by the Office Region 2] 28, 2009. On January 3, 2012, the EPA of Management and Budget under approved New Jersey’s regional haze SIP Executive Orders 12866 (58 FR 51735, Approval and Promulgation of submittal addressing the requirements October 4, 1993) and 13563 (76 FR 3821, Implementation Plans; New Jersey; of the first implementation period for January 21, 2011); Regional Haze Five-Year Progress regional haze. 77 FR 19 (Jan.3, 2012). • does not impose an information Report State Implementation Plan Each state is also required to submit collection burden under the provisions a progress report in the form of a SIP of the Paperwork Reduction Act (44 AGENCY: Environmental Protection revision that evaluates progress towards U.S.C. 3501 et seq.); Agency (EPA). the reasonable progress goals (RPGs) for • is certified as not having a ACTION: Final rule. each mandatory Class I Federal area significant economic impact on a SUMMARY: The Environmental Protection within the state and for each mandatory substantial number of small entities Agency (EPA) is approving New Jersey’s Class I Federal area outside the state under the Regulatory Flexibility Act (5 regional haze progress report, submitted which may be affected by emissions U.S.C. 601 et seq.); from within the state. See 40 CFR • does not contain any unfunded on June 28, 2016, as a revision to its 51.308(g). Each state is also required to mandate or significantly or uniquely State Implementation Plan (SIP). New submit, at the same time as the progress affect small governments, as described Jersey’s SIP revision addresses report, a determination of the adequacy in the Unfunded Mandates Reform Act requirements of the Clean Air Act and the EPA’s rules that require each state of its existing regional haze SIP. See 40 of 1995 (Pub. L. 104–4); CFR 51.308(h). The progress report SIP • does not have Federalism to submit periodic reports describing was due five years after submittal of the implications as specified in Executive progress towards reasonable progress initial regional haze SIP. Order 13132 (64 FR 43255, August 10, goals established for regional haze and On June 28, 2016, New Jersey 1999); a determination of the adequacy of the submitted to the EPA, as a revision to • is not an economically significant state’s existing regional haze SIP. The its SIP, a report on progress made regulatory action based on health or EPA is approving New Jersey’s towards the RPGs for Class I areas in the safety risks subject to Executive Order determination that the State’s regional State and for Class I areas outside the 13045 (62 FR 19885, April 23, 1997); haze SIP is adequate to meet these • is not a significant regulatory action reasonable progress goals for the first State that are affected by emissions from sources within the State. In its progress subject to Executive Order 13211 (66 FR implementation period which extends 28355, May 22, 2001); through 2018. report SIP, New Jersey concludes the elements and strategies relied on in its • is not subject to requirements of DATES: This rule is effective on October Section 12(d) of the National original regional haze SIP are sufficient 30, 2017. Technology Transfer and Advancement to enable New Jersey and neighboring ADDRESSES: The EPA has established a states to meet all established RPGs. In a Act of 1995 (15 U.S.C. 272 note) because docket for this action under Docket ID notice of proposed rulemaking (NPRM) application of those requirements would No. EPA–R02–OAR–2016–0413. All published on August 1, 2017 (82 FR be inconsistent with the Clean Air Act; documents in the docket are listed on 35734), the EPA proposed to approve and the www.regulations.gov Web site. New Jersey’s progress report as • does not provide EPA with the Although listed in the index, some satisfying the requirements of 40 CFR discretionary authority to address, as information is not publicly available, 51.308(g) and 51.308(h). No comments appropriate, disproportionate human e.g., confidential business information were received on the August 1, 2017 health or environmental effects, using or other information whose disclosure is proposed rulemaking. practicable and legally permissible restricted by statute. Certain other methods, under Executive Order 12898 material, such as copyrighted material, II. Final Action (59 FR 7629, February 16, 1994). is not placed on the Internet and will be EPA is finalizing approval of New In addition, this rule does not have publicly available only in hard copy Jersey’s Regional Haze Progress Report tribal implications as specified by form. Publicly available docket SIP revision, submitted by New Jersey Executive Order 13175 (65 FR 67249, materials are available through on June 28, 2016, as meeting the November 9, 2000), because the SIP is www.regulations.gov, or please contact requirements of 40 CFR 51.308(g) and not approved to apply in Indian country the person identified in the FOR FURTHER 51.308(h). located in the state, and EPA notes that INFORMATION CONTACT section for it will not impose substantial direct additional availability information. III. Statutory and Executive Order costs on tribal governments or preempt Reviews tribal law. FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, Under the Clean Air Act, the The Congressional Review Act, 5 Environmental Protection Agency, 290 Administrator is required to approve a U.S.C. 801 et seq., as added by the Small Broadway, 25th Floor, New York, New SIP submission that complies with the Business Regulatory Enforcement York 10278, (212) 637–3381 or provisions of the Act and applicable Fairness Act of 1996, generally provides asabaliauskas on DSKBBXCHB2PROD with RULES wieber.kirk@epa.gov. Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the SUPPLEMENTARY INFORMATION: 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must submissions, EPA’s role is to approve submit a rule report, which includes a I. Background state choices, provided that they meet copy of the rule, to each House of the Under the Regional Haze Rule,1 each the criteria of the Clean Air Act. Congress and to the Comptroller General state was required to submit its first Accordingly, this action merely of the United States. EPA will submit a approves state law as meeting Federal report containing this action and other 1 40 CFR part 51, subpart P. requirements and does not impose required information to the U.S. Senate, VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1

Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45473 the U.S. House of Representatives, and postpone the effectiveness of such rule PART 52—APPROVAL AND the Comptroller General of the United or action. This action may not be PROMULGATION OF States prior to publication of the rule in challenged later in proceedings to IMPLEMENTATION PLANS the Federal Register. A major rule enforce its requirements. See section cannot take effect until 60 days after it 307(b)(2). ■ 1. The authority citation for part 52 is published in the Federal Register. continues to read as follows: List of Subjects in 40 CFR Part 52 This action is not a ‘‘major rule’’ as Authority: 42 U.S.C. 7401 et seq. defined by 5 U.S.C. 804(2). Environmental protection, Air pollution control, Incorporation by Subpart FF—New Jersey Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of reference, Intergovernmental relations, ■ 2. In § 52.1570(e), the table titled this action must be filed in the United Nitrogen dioxide, Particulate matter, ‘‘EPA APPROVED NEW JERSEY States Court of Appeals for the Reporting and recordkeeping NONREGULATORY AND QUASI- appropriate circuit by November 28, requirements, Sulfur oxides. REGULATORY PROVISIONS’’ is 2017. Filing a petition for Dated: September 19, 2017. amended by adding the entry ‘‘Regional reconsideration by the Administrator of Catherine R. McCabe, Haze Five-Year Progress Report’’ at the this final rule does not affect the finality Acting Regional Administrator, Region 2. end of the table to read as follows: of this action for the purposes of judicial review nor does it extend the time Part 52 chapter I, title 40 of the Code § 52.1570 Identification of plan. within which a petition for judicial of Federal Regulations is amended as * * * * * review may be filed, and shall not follows: (e) * * * EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS Applicable New Jersey EPA SIP element geographic or Explanation submittal date approval date nonattainment area * * * * * * * Regional Haze Five-Year Progress Re- State-wide .................. June 28, 2016 ...... September 29, 2017, [Federal Reg- port. ister page citation]. [FR Doc. 2017–20821 Filed 9–28–17; 8:45 am] DATES:This rule will be effective I. Background BILLING CODE 6560–50–P October 30, 2017. On December 14, 2004, and March 1, ADDRESSES: EPA has established a 2016, the State of North Carolina, ENVIRONMENTAL PROTECTION docket for this action under Docket through NCDEQ, submitted revisions to AGENCY Identification No. EPA–R04–OAR– the North Carolina SIP. The March 1, 2016–0362. All documents in the docket 2016, submission which adds a new 40 CFR Part 52 are listed on the www.regulations.gov rule—15A NCAC 02Q .0809 Concrete Web site. Although listed in the index, Batch Plants—and a portion of the [EPA–R04–OAR–2016–0362; FRL–9968–10– some information is not publicly December 14, 2004, submission which Region 4] available, i.e., Confidential Business adds two new rules—15A NCAC 02Q Information or other information whose .0901, Purpose and Scope and .0902 Air Plan Approval; North Carolina disclosure is restricted by statute. Portable Crushers. In a proposed Miscellaneous Rules Certain other material, such as rulemaking published on July 10, 2017 copyrighted material, is not placed on (82 FR 31739), EPA proposed to approve AGENCY: Environmental Protection the Internet and will be publicly these SIP revisions. The details of North Agency (EPA). available only in hard copy form. Carolina’s SIP revision and the rationale ACTION: Final rule. Publicly available docket materials are for EPA’s action are explained in the available either electronically through proposed rulemaking. Comments on the SUMMARY: The Environmental Protection www.regulations.gov or in hard copy at proposed rulemaking were due on or Agency (EPA) is approving several the Air Regulatory Management Section, before August 9, 2017. EPA did not changes to the North Carolina State Air Planning and Implementation receive any comments on the proposed Implementation Plan (SIP) submitted by Branch, Air, Pesticides and Toxics action. the State of North Carolina, through the Management Division, U.S. II. Incorporation by Reference North Carolina Department of Environmental Protection Agency, Environmental Quality (NCDEQ), on Region 4, 61 Forsyth Street SW., In this rule, EPA is finalizing December 14, 2004, and March 1, 2016. Atlanta, Georgia 30303–8960. EPA regulatory text that includes The March 1, 2016, submission adds a requests that if at all possible, you incorporation by reference. In asabaliauskas on DSKBBXCHB2PROD with RULES new rule to the ‘‘Exclusionary Rules’’ of contact the person listed in the FOR accordance with requirements of 1 CFR the North Carolina SIP, and the portion FURTHER INFORMATION CONTACT section to 51.5, EPA is finalizing the incorporation of the December 14, 2004, submission by reference of North Carolina Rules schedule your inspection. The Regional EPA is approving adds two new rules 15A NCAC 02Q .0809 entitled Office’s official hours of business are under a new section called ‘‘Permit ‘‘Concrete Batch Plants’’ effective April Monday through Friday 8:30 a.m. to Exemptions.’’ This action is being taken 1, 2004, a new exclusionary rule for 4:30 p.m., excluding Federal holidays. pursuant to the Clean Air Act (CAA or concrete batch that excludes from Title Act). SUPPLEMENTARY INFORMATION: V permitting requirements such VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1


Document Created: 2017-09-29 03:26:43
Document Modified: 2017-09-29 03:26:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on October 30, 2017.
ContactKirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637-3381 or [email protected]
FR Citation82 FR 45472 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR