83_FR_23500 83 FR 23402 - Approval of Air Quality Implementation Plans; New Jersey; Infrastructure SIP Requirements for the 2012 PM2.5

83 FR 23402 - Approval of Air Quality Implementation Plans; New Jersey; Infrastructure SIP Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23402-23407
FR Document2018-10803

The Environmental Protection Agency (EPA) is proposing to approve elements of the State Implementation Plan (SIP) submission from New Jersey regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS or standard). 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 concerning interstate transport provisions.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23402-23407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10803]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0237; FRL-9978-39--Region 2]


Approval of Air Quality Implementation Plans; New Jersey; 
Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS; Interstate 
Transport Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of the State Implementation Plan (SIP) submission from 
New Jersey regarding the infrastructure requirements of section 110 of 
the Clean Air Act (CAA) for the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
standard). 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 
concerning interstate transport provisions.

DATES: Comments must be received on or before June 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0237 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3702, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background of this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?

[[Page 23403]]

III. EPA's Review
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    The EPA is proposing to approve elements of the State of New 
Jersey's October 17, 2014 SIP submission, which addresses the section 
110(a) infrastructure requirements of the CAA for the following NAAQS: 
2012 PM2.5, 2008 ozone, 2008 lead, 2010 nitrogen dioxide 
(NO2), 2010 sulfur dioxide (SO2), 2011 carbon 
monoxide (CO), and the 2006 particulate matter of 10 microns or less 
(PM10). Specifically, this rulemaking proposes to approve 
the portion of the submission addressing the interstate transport 
provisions for the 2012 PM2.5 NAAQS under CAA section 
110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor'' provision.
    The requirement for states to make an infrastructure SIP submission 
arises from section 110(a)(1) of the CAA. Pursuant to section 
110(a)(1), states must submit ``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),'' a plan that provides for the ``implementation, maintenance, 
and enforcement'' of such NAAQS.\1\ 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 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''.
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    \1\ On December 14, 2012 (78 FR 3086), the EPA promulgated a 
revised primary NAAQS for PM2.5 for the annual standard. 
The revised standard was set at the level of 12 [micro]g/m\3\.
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    The EPA has addressed the interstate transport requirements of CAA 
section 110(a)(2)(D)(i)(I) with respect to PM2.5 in several 
prior regulatory actions. In 2011, we promulgated the Cross-State Air 
Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011), in order to 
address the obligations of states--and of the EPA when states have not 
met their obligations--under CAA section 110(a)(2)(D)(i)(I) to prohibit 
air pollution contributing significantly to nonattainment in, or 
interfering with maintenance by, any other state with regard to several 
NAAQS, including the 1997 annual and 2006 24-hour PM2.5 
NAAQS.\2\ In that rule, we considered states linked to downwind 
receptors if they were projected to contribute more than the threshold 
amount (1 percent of the standard) of PM2.5 pollution for 
the 1997 and 2006 PM2.5 NAAQS (76 FR 48208, 48239-43). The 
EPA has not established a threshold amount for the 2012 
PM2.5 NAAQS.
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    \2\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48207 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 
52.39 and 40 CFR part 97).
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    EPA addressed interstate transport provisions for the October 17, 
2014 SIP submittal concerning the Prevention of Significant 
Deterioration (PSD) regulations and visibility protection (i.e., 
section 110(a)(2)(D)(i)(II)) for 2012 PM2.5, 2008 ozone, 
2008 lead, 2010 NO2, 2010 SO2, 2011 CO, and the 
2006 PM10 NAAQS) on September 19, 2016.\3\
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    \3\ 81 FR 64070 (September 19, 2016).
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    EPA addressed the CAA section 110(a)(2)(D)(i)(I) for the 2008 Ozone 
NAAQS in the EPA's update of the CSAPR rule in October 26, 2016 (81 FR 
74504) but did not address New Jersey as it had withdrawn \4\ that 
portion of the October 17, 2014 SIP submittal.
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    \4\ EPA issued a finding to New Jersey for failure to submit on 
June 15, 2016 (81 FR 38963).
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    The EPA will address the requirements of CAA sections 
110(a)(2)(D)(i)(I) for the 2008 lead, 2010 NO2, 2010 
SO2, 2011 CO, and the 2006 PM10 NAAQS in a 
separate action.

II. What guidance is EPA using to evaluate this SIP submission?

    EPA highlighted the statutory requirement to submit infrastructure 
SIPs within 3 years of promulgation of a new NAAQS in an October 2, 
2007 guidance document entitled ``Guidance on SIP Elements Required 
Under sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 
guidance). EPA has issued additional guidance documents and memoranda, 
including a September 13, 2013 guidance document titled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean Air 
Act sections 110(a)(1) and 110(a)(2)'' (2013 guidance).
    The most recent relevant document was a memorandum published on 
March 17, 2016, titled ``Information on the Interstate Transport `Good 
Neighbor' Provision for the 2012 Fine Particulate Matter National 
Ambient Air Quality Standards under Clean Air Act section 
110(a)(2)(D)(i)(I)'' (2016 memorandum). The 2016 memorandum, which is 
included in the docket of this rulemaking, describes the approach EPA 
has previously used to address interstate transport, and provides EPA's 
general review of relevant modeling data and air quality projections as 
they relate to the 2012 PM2.5 NAAQS. The 2016 memorandum 
provides information relevant to EPA Regional office review of the CAA 
section 110(a)(2)(D)(i)(I) ``good neighbor'' provision in 
infrastructure SIPs with respect to the 2012 PM2.5 NAAQS. 
This rulemaking considers information provided in that memorandum.
    In particular, the 2016 memorandum provides states and EPA Regional 
offices with projected future year annual PM2.5 design 
values for monitors in the United States based on quality assured and 
certified ambient monitoring data and air quality modeling. The 
memorandum further describes how these projected potential design 
values can be used to help determine which monitors should be further 
evaluated to potentially address whether emissions from other states 
significantly contribute to nonattainment or interfere with maintenance 
of the 2012 PM2.5 NAAQS at those sites. The 2016 memorandum 
explains that the pertinent year for evaluating air quality for 
purposes of addressing interstate transport for the 2012 
PM2.5 NAAQS is 2021, the attainment deadline for 2012 
PM2.5 NAAQS nonattainment areas classified as Moderate. 
Accordingly, because the available data included 2017 and 2025 
projected average and maximum PM2.5 design values calculated 
through the CAMx \5\ photochemical model, the memorandum suggests 
approaches states might use to interpolate PM2.5 values at 
sites in 2021.\6\
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    \5\ Comprehensive Air Quality Model with extensions(CAMx).
    \6\ Specifically, the 2016 Memorandum explains that one way to 
assess potential receptors for 2021 is to assume that receptors 
projected to have average and/or maximum design values above the 
NAAQS in both 2017 and 2025 are also likely to be either 
nonattainment or maintenance receptors in 2021. Similarly, it may be 
reasonable to assume that receptors that are projected to attain the 
NAAQS in both 2017 and 2025 are also likely to be attainment 
receptors in 2021. Where a potential receptor is projected to be 
nonattainment or maintenance in 2017, but projected to be attainment 
in 2025, further analysis of the emissions and modeling may be 
needed to make a further judgement regarding the receptor status in 
2021.
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    As explained in the 2016 memorandum, EPA used the methodology used 
in the CSAPR rule to determine potential nonattainment and maintenance 
sites. ``Nonattainment sites'' refer to those sites that are projected 
to exceed the 2012 PM2.5 NAAQS of 12 micrograms per cubic 
meter ([micro]g/m\3\) based on the average future year design values. 
Those sites that are projected to exceed the NAAQS

[[Page 23404]]

based on the maximum future year design values are referred to as 
``maintenance'' sites.

                            Table 1--Projected Nonattainment and Maintenance Sites for the 2012 PM2.5 NAAQS in 2017 and 2025
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                                                          2017 avg     2017 max     2025 avg     2025 max
                                                           design       design       design       design
    Monitor ID            State            County          value        value        value        value         Projected 2017         Projected 2025
                                                          ([mu]g/m     ([mu]g/m     ([mu]g/m     ([mu]g/m     attainment status      attainment status
                                                            \3\)         \3\)         \3\)         \3\)
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60190011..........  California......  Fresno..........        13.69        14.36        13.09        13.72  Nonattainment........  Nonattainment.
60195001..........  California......  Fresno..........        15.43         15.9         14.9        15.36  Nonattainment........  Nonattainment.
60195025..........  California......  Fresno..........        13.43        13.75        12.94        13.22  Nonattainment........  Nonattainment.
60250005..........  California......  Imperial........        14.19        14.32        14.83        14.97  Nonattainment........  Nonattainment.
60290014..........  California......  Kern............        14.24        14.85        13.78        14.37  Nonattainment........  Nonattainment.
60290106..........  California......  Kern............         15.4        16.43        14.94        15.93  Nonattainment........  Nonattainment.
60311004..........  California......  Kings...........        15.38        16.01        14.82         15.4  Nonattainment........  Nonattainment.
60371002..........  California......  Los Angeles.....         11.6        12.25        11.42        12.07  Maintenance..........  Maintenance.
60392010..........  California......  Madera..........        17.37        17.62         16.9        17.14  Nonattainment........  Nonattainment.
60470003..........  California......  Merced..........        13.84        15.27        13.52        14.92  Nonattainment........  Nonattainment.
60658001..........  California......  Riverside.......        12.25        12.74        11.99        12.47  Nonattainment........  Maintenance.
60658005..........  California......  Riverside.......        13.89        14.41        13.63        14.15  Nonattainment........  Nonattainment.
60990006..........  California......  Stanislaus......        14.44        14.79        13.97        14.31  Nonattainment........  Nonattainment.
60990005..........  California......  Stanislaus......         12.5        12.84        12.03        12.34  Nonattainment........  Maintenance.
60710025..........  California......  San Bernardino..        11.79        12.35        11.61        12.15  Maintenance..........  Maintenance.
60771002..........  California......  San Joaquin.....        11.49        13.09        11.16        12.71  Maintenance..........  Maintenance.
61072002..........  California......  Tulare..........        14.63         15.6        14.06        14.96  Nonattainment........  Nonattainment.
160790017.........  Idaho...........  Shoshone........        12.01        12.43         11.8        12.22  Maintenance..........  Maintenance.
420030064.........  Pennsylvania....  Allegheny.......        11.67        12.16        11.18        11.65  Maintenance..........  Attainment.
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    Where EPA had sufficient data to complete its air quality modeling, 
EPA's analysis showed that, except for one monitoring site in Allegheny 
County, Pennsylvania, monitors in the eastern United States were 
expected to both attain and maintain the 2012 PM2.5 NAAQS in 
both 2017 and 2025. EPA notes that, as further discussed below, EPA's 
modeling analysis was inconclusive for monitoring sites with incomplete 
data.
    The modeling results provided in the 2016 memorandum also show that 
out of seven PM2.5 monitors located in Allegheny County, 
Pennsylvania, only one monitor (ID number 420030064) is expected to be 
above the 2012 PM2.5 NAAQS in 2017.
    Further, that monitor (ID number 420030064 or Liberty monitor) is 
projected to be above the NAAQS only under the model's maximum 
projected conditions (used in EPA's interstate transport framework to 
identify maintenance receptors), and is projected to both attain and 
maintain the NAAQS (along with all Allegheny County monitors) in 2025. 
The memorandum therefore indicates that under such a condition (where 
EPA's photochemical modeling indicates an area will attain the 2012 
PM2.5 NAAQS in 2025 but not attain or maintain in 2017) 
further analysis of the site should be performed to determine if the 
site may be a nonattainment or maintenance receptor in 2021 (the 
attainment deadline for moderate PM2.5 areas).
    The 2016 Memorandum did note that because of data quality problems, 
nonattainment and maintenance projections were not done for all or 
portions of Florida, Illinois, Idaho, Tennessee and Kentucky. Data 
quality problems were since resolved for Idaho, Tennessee, Kentucky and 
portions of Florida, identifying no additional potential receptors, 
with those areas having design values below the 2012 PM2.5 
NAAQS and expected to maintain the NAAQS due to downward emission 
trends for NOX and SO2 (www.epa.gov/air-trends/air-quality-design-values and www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data). As of May 2018, the areas that 
still have data quality issues preventing projections of nonattainment 
and maintenance receptors are all of Illinois and four counties in 
Florida. EPA notes that preliminary design values for the four counties 
in Florida for the most recent period (2015-2017) have been preliminary 
deemed complete, and are well below the 2012 PM2.5 NAAQS. 
This is further discussed in section III below.

III. EPA's Review

    This rulemaking proposes action on the portion of New Jersey's 
October 17, 2014 SIP submission addressing the ``good neighbor'' 
provision requirements of CAA section 110(a)(2)(D)(i)(I), which 
include:
    --Prohibiting any source or other type of emissions activity in one 
state from contributing significantly to nonattainment of the NAAQS in 
another state (otherwise known as prong 1);
    --Prohibiting any source or other type of emissions activity in one 
state from interfering with maintenance of the NAAQS in another state 
(prong 2).
    This rulemaking is evaluating the October 17, 2014 submission, 
specific to 110(a)(2)(D)(i)(I) (i.e., prongs 1 and 2) for the 2012 
PM2.5 NAAQS.
    In several previous rulemakings, EPA has developed and consistently 
applied a framework for addressing the prong 1 and 2 interstate 
transport requirements with respect to the PM2.5 NAAQS. That 
framework has four basic steps, including: (1) Identifying downwind 
receptors that are expected to have problems attaining or maintaining 
the NAAQS; (2) identifying which upwind states contribute to these 
identified problems in amounts sufficient to warrant further review and 
analysis; (3) for states identified as contributing to downwind air 
quality problems, identifying upwind emissions reductions necessary to 
prevent an upwind state from significantly contributing to 
nonattainment or interfering with maintenance of the NAAQS downwind; 
and (4) for states that are found to have emissions that significantly 
contribute to nonattainment or interfere with maintenance of the NAAQS 
downwind, reducing the identified upwind emissions through adoption of 
permanent and enforceable measures. This framework was most recently 
applied with respect to PM2.5 in the CSAPR rule, designed to 
address both the 1997 and 2006 PM2.5 standards, as well as 
the 1997 ozone standard.

A. New Jersey's Submittal

    New Jersey's October 2014 SIP submittal includes its SIP-approved 
New Jersey regulations and control measures that the State has 
implemented to address the interstate transport of air pollutants for 
criteria

[[Page 23405]]

pollutants, including the 2012 PM2.5 NAAQS. New Jersey 
regulations and control measures that have reduced PM2.5, as 
well as SO2, NOX, and Volatile Organic Carbon 
(VOC) precursor emissions include:

--New Jersey's low sulfur fuel oil rule, New Jersey Administrative Code 
(N.J.A.C.) 7:27-9 \7\, Sulfur in Fuels, reduces SO2 
emissions by reducing the sulfur content of fuel oils used throughout 
the State, including fuel oil-fired electric generating units (EGUs), 
home heating, and industrial and commercial boilers. The sulfur content 
of all distillate fuel oils (#2 fuel oil and lighter) was lowered to 
500 parts per million (ppm) beginning on July 1, 2014; and further 
limited to 15 ppm beginning on July 1, 2016. Beginning July 1, 2014, 
the sulfur content for #4 fuel oil was lowered to 2,500 ppm; and #6 
fuel oil was lowered to a range of 3,000 to 5,000 ppm sulfur content;
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    \7\ EPA approval on January 3,2012(77 FR 19).
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--Coal-fired power plants in New Jersey control SO2 
emissions by use of scrubbers to comply with adopted SO2 
rules including stringent, new short-term SO2 emission 
limits (i.e., N.J.A.C. 7:27-10.2 \8\, effective start date for new 
emission rates was December 2012;
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    \8\ EPA approval on August 3,2010(75 FR 45483).
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--N.J.A.C. 7:27-19.29 \9\, EGU- High Electric Demand Day (HEDD), 
require advanced NOX emission controls for EGU's that 
operate on HEDD days; New Jersey estimated its NOX 
reasonably available control technology (RACT) rules would reduce 
NOX emissions by 64 tons per day on HEDD days beginning with 
the 2015 summer ozone season; and
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    \9\ EPA approval on August 3,2010 (75 FR 45483).
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--New Jersey has a statewide enhanced motor vehicle program that 
ensures New Jersey has adopted the motor vehicle standards adopted by 
California to ensure that only the lowest emitting vehicles available 
are sold in New Jersey

    New Jersey has indicated that it has addressed the interstate 
transport requirements of CAA 110(a)(2)(D)(i)(I) by implementing 
effective rules to control sources that may significantly contribute to 
nonattainment of a NAAQS in another state, and therefore addressed New 
Jersey's downwind contributions from New Jersey sources. New Jersey has 
also indicated that they have no rules that interfere with the ability 
of another state to maintain attainment of any ambient air quality 
standard in that state. New Jersey noted that its rules to control air 
emissions are more stringent than similar rules in nearby states. The 
complete list of New Jersey regulations and control measures can be 
found in the October 2014 SIP submittal, which is included in the 
docket of this rulemaking.
    New Jersey noted that the neighboring states of New York and 
Delaware do not have any PM2.5 nonattainment areas. 
Additionally, New Jersey indicated that the State of Pennsylvania, in 
its area designation recommendations \10\ to EPA for the 2012 
PM2.5 NAAQS, determined that nonattainment in the State was 
caused by local, not regional sources.
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    \10\ Commonwealth of Pennsylvania, Final Designation 
Recommendations for the 2012 PM2.5 Standard, available at 
http://www.dep.state.pa.us/dep/deputate/airwaste/aq/attain/pm25des/Final_Designation_Recommendations.pdf.
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    New Jersey completed its technical analysis before EPA issued the 
2016 Memorandum, which, as discussed earlier, included modeling 
projections for 2017 and 2025 annual PM2.5 design values 
meant to assist states in implementation of their 2012 PM2.5 
NAAQS interstate transport SIPs. As discussed below, however, EPA's 
review of New Jersey's submittal nevertheless concludes that EPA's 
modeling projections regarding projected future nonattainment and 
maintenance areas as indicated in the 2016 memorandum, past EPA 
contribution modeling performed for CSAPR, and certified annual 
PM2.5 design values recorded since New Jersey's submittal 
confirm New Jersey's analysis that the State has adequately addressed 
the interstate transport requirements of CAA 110(a)(2)(D)(i)(I).

B. EPA Analysis

    As stated above, EPA has developed a four-step approach for 
addressing the prong one and two interstate transport requirements with 
respect to the PM2.5 NAAQS. The first step is the 
identification of potential downwind nonattainment and maintenance 
receptors. EPA identified potential nonattainment and/or maintenance 
areas in the 2016 memorandum (see section II, Table 1, above). Most of 
the potential receptors are in California, located in the San Joaquin 
Valley or South Coast nonattainment areas. There is also one potential 
receptor in Shoshone County, Idaho, and one potential receptor in 
Allegheny County, Pennsylvania. In addition, as noted in section II to 
account for data quality limitations, EPA also considers potential 
receptors to include all of Illinois and Miami-Dade, Gilchrist, 
Broward, and Alachua Counties in Florida.
    As stated above, ``Step 2'' is the identification of states 
contributing to downwind nonattainment and maintenance receptors, such 
that further analysis is required to identify necessary upwind 
reductions. For this step, we will be specifically determining if New 
Jersey emissions contribute to downwind nonattainment and maintenance 
receptors.
    For the 1997 and 2006 PM2.5 NAAQS, we have used air 
quality modeling and an air quality threshold of one percent of the 
PM2.5 NAAQS to link contributing states to projected 
nonattainment or maintenance receptors (76 FR 48237, August 8, 2011). 
That is, if an upwind state contributes less than the one percent 
screening threshold to a downwind nonattainment or maintenance 
receptor, we determine that the state is not ``linked'' and therefore 
does not significantly contribute to nonattainment or maintenance 
problems at that receptor. We have not set an air quality threshold for 
the 2012 PM2.5 NAAQS and we do not have air quality modeling 
showing contributions to projected nonattainment or maintenance 
receptors for this NAAQS.
    The EPA believes that a proper and well-supported weight of 
evidence approach can provide sufficient information for purposes of 
addressing transport with respect to the 2012 PM2.5 annual 
NAAQS. We rely on the CSAPR air quality modeling conducted for purposes 
of evaluating upwind state impacts on downwind air quality with respect 
to the 1997 annual PM2.5 NAAQS of 15 [micro]g/m\3\ (as well 
as the 2006 24-hour PM2.5 NAAQS, and 1997 Ozone NAAQS). 
Although not conducted for purposes of evaluating the 2012 annual 
PM2.5 NAAQS, this modeling can inform our analysis regarding 
both the general magnitude of downwind PM2.5 impacts and the 
downwind distance in which states may contribute to receptors with 
respect to the 2012 annual PM2.5 NAAQS of 12 [micro]g/m\3\. 
If the same 1% contribution threshold used in CSAPR for the 1997 and 
2006 PM2.5 NAAQS applied to the 2012 PM2.5 NAAQS, 
we could consider the fact that a state's impact was below that value 
(that is, 0.12 [micro]g/m\3\). We also note that New Jersey's 
submittal, described above, relies on several factors to support a 
finding that emissions from New Jersey sources do not significantly 
contribute to nonattainment, or interfere with maintenance of, the 2012 
PM2.5 NAAQS in downwind states.
    We note that no single piece of information is by itself 
dispositive of the issue. Instead, the total weight of all the evidence 
taken together is used to

[[Page 23406]]

evaluate significant contributions to nonattainment or interference 
with maintenance of the 2012 PM2.5 NAAQS in another state.
    Each of the potential receptors is discussed below, with a more in-
depth discussion provided in the Technical Support Document (TSD) for 
this notice. For additional information, links to the documents relied 
upon for this analysis can be found throughout the document, more 
information is available in the TSD and the documents can be found in 
the docket for this action.
California and Idaho
    Based on distance considerations alone, New Jersey can be ruled out 
as a potential contributor to downwind nonattainment and maintenance 
receptors in California and Idaho. The nearest of these receptors 
(Shoshone County, Idaho) is over 1,800 miles from New Jersey. 
Accordingly, EPA proposes to find that New Jersey will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2012 PM2.5 NAAQS in California and Idaho.
Allegheny County, Pennsylvania
    As discussed in the TSD for this rulemaking, EPA has analyzed New 
Jersey's PM2.5 emissions and/or PM2.5 precursors, 
and found that they do not significantly impact the Allegheny County, 
Pennsylvania (Liberty monitor) potential maintenance receptor. In our 
analysis we found that there were strong local influences throughout 
Allegheny County and contributions from nearby states that contributed 
to its nonattainment for both the 1997 and 2006 PM2.5 NAAQS. 
Contributors to the Liberty monitor in Allegheny County, Pennsylvania 
have taken steps in recent years, to improve air quality which will 
likely bring the monitor into compliance with the 2012 PM2.5 
annual NAAQS by the 2021 attainment date.
    Another compelling fact is that in previous modeling, nonattainment 
in Allegheny County, Pennsylvania was linked to significant 
contributions from other states.\11\ New Jersey was analyzed in this 
modeling, and New Jersey emissions were not linked to Allegheny County. 
EPA notes that, in fact, New Jersey's contribution in the CSAPR 2012 
base case modeling was 0.024 [micro]g/m\3\, well below 1% of the 
standard for linkage to downwind receptors.
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    \11\ Air Quality Modeling for 2011 Cross-State Air Pollution 
Rule (CSAPR) (76 FR 48207, August 8, 2011).
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    For these reasons, we propose to find that New Jersey will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2012 PM2.5 NAAQS for Allegheny County, Pennsylvania.
Miami/Dade, Gilchrist, Broward, Alachua Counties, Florida
    In the CSAPR modeling analysis, Florida did not have any potential 
nonattainment or maintenance receptors identified for the 1997 or 2006 
PM2.5 NAAQS. At this time, it is anticipated that this trend 
will continue.
    As mentioned earlier in this section, as there are ambient 
monitoring data gaps in the 2009-2013 data that could have been used to 
identify potential PM2.5 nonattainment and maintenance 
receptors for Miami/Dade, Gilchrist, Broward and Alachua counties in 
Florida, the modeling analysis of potential receptors was not complete 
for these counties. However, EPA notes that the most recent ambient 
data (2015-2017) for these counties has been preliminarily deemed 
complete and indicates design values well below the level of the 2012 
PM2.5 NAAQS. This is also consistent with historical data: 
Complete and valid design values in the 2006-2008, 2007-2009, and/or 
2008-2010 periods for these counties were well below the 2012 
PM2.5 NAAQS. In addition, the highest preliminary value for 
these observed monitors is 7.5 [micro]g/m\3\ at a Miami-Dade County 
monitor (ID 120861016). For these reasons, we find that none of the 
counties in Florida with monitoring gaps between 2009-2013 should be 
considered either nonattainment or maintenance receptors for the 2012 
PM2.5 NAAQS. Therefore, we propose that New Jersey will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2012 PM2.5 NAAQS in Florida.
Illinois
    As indicated previously, data quality issues prevent projections of 
nonattainment and maintenance receptors in Illinois. Previous CSAPR 
modeling, however, indicates that New Jersey emissions would not impact 
potential nonattainment and maintenance receptors in Illinois. New 
Jersey's contribution in the CSAPR 2012 base case modeling was 0.003 
[micro]g/m\3\ or less to Illinois counties, a very small fraction of 
the threshold amount (well below 1% of the standard) for linkage to 
downwind receptors.
    For this reason alone, we propose that New Jersey will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2012 PM2.5 NAAQS in Illinois.
    Since we determined that New Jersey's SIP includes provisions 
prohibiting any source or other type of emissions activity from 
contributing significantly to nonattainment in or interfering with 
maintenance of the NAAQS in another state, steps 3 and 4 of this 
evaluation are not necessary.
    In conclusion, based on our review of the potential receptors 
presented in the 2016 memorandum, an evaluation identifying likely 
emission sources affecting these potential receptors, distance 
considerations, and the 2012 base case modeling in the CSAPR final 
rule, we propose to determine that emissions from New Jersey sources 
will not contribute significantly to nonattainment in or interfere with 
maintenance by, any other state with regard to the 2012 annual 
PM2.5 NAAQS.

IV. What action is EPA taking?

    EPA is proposing to approve the portion of New Jersey's October 17, 
2014 SIP submission addressing the interstate transport provisions for 
the 2012 PM2.5 NAAQS under CAA section 110(a)(2)(D)(i)(I).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);

[[Page 23407]]

     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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).

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-10803 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                  23402                     Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

                                                  environmental impact from this                          PART 165—REGULATED NAVIGATION                         ACTION:   Proposed rule.
                                                  proposed rule.                                          AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                SUMMARY:    The Environmental Protection
                                                  G. Protest Activities                                   ■ 1. The authority citation for part 165              Agency (EPA) is proposing to approve
                                                                                                          continues to read as follows:                         elements of the State Implementation
                                                    The Coast Guard respects the First                                                                          Plan (SIP) submission from New Jersey
                                                  Amendment rights of protesters.                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                                regarding the infrastructure
                                                  Protesters are asked to contact the                                                                           requirements of section 110 of the Clean
                                                                                                          Department of Homeland Security Delegation
                                                  person listed in the FOR FURTHER                        No. 0170.1.                                           Air Act (CAA) for the 2012 annual fine
                                                  INFORMATION CONTACT section to                                                                                particulate matter (PM2.5) National
                                                  coordinate protest activities so that your              ■ 2. Add § 165.T14–0183 to read as
                                                                                                          follows:                                              Ambient Air Quality Standard (NAAQS
                                                  message can be received without                                                                               or standard). The infrastructure
                                                  jeopardizing the safety or security of                  § 165.T14–0183      Safety Zone; Philippine           requirements are designed to ensure that
                                                  people, places, or vessels.                             Sea, Rota.                                            the structural components of each
                                                                                                             (a) Location. The following area is a              state’s air quality management program
                                                  V. Public Participation and Request for                                                                       are adequate to meet the state’s
                                                                                                          safety zone: All waters off of the Port of
                                                  Comments                                                                                                      responsibilities under the CAA. This
                                                                                                          Rota, from surface to bottom,
                                                     We view public participation as                      encompassed by a line connecting the                  action pertains specifically to
                                                  essential to effective rulemaking, and                  following points beginning at 14°08′07″               infrastructure requirements concerning
                                                  will consider all comments and material                 N, 145°08′00″ E, thence to 14°08′53″ N,               interstate transport provisions.
                                                  received during the comment period.                     145°06′51″ E, thence to 14°09′12″ N,                  DATES: Comments must be received on
                                                  Your comment can help shape the                         145°07′13″ E, thence to 14°08′16″ N,                  or before June 20, 2018.
                                                  outcome of this rulemaking. If you                      145°08′08″ E, and along the shore line                ADDRESSES: Submit your comments,
                                                  submit a comment, please include the                    back to the beginning point. These                    identified by Docket ID Number EPA–
                                                                                                          coordinates are based on NAD 1983.                    R02–OAR–2018–0237 at http://
                                                  docket number for this rulemaking,
                                                                                                            (b) Regulations. (1) The general                    www.regulations.gov. Follow the online
                                                  indicate the specific section of this
                                                                                                          regulations governing safety zones                    instructions for submitting comments.
                                                  document to which each comment                          contained in § 165.23 apply. This rule                Once submitted, comments cannot be
                                                  applies, and provide a reason for each                  prohibits persons and vessels not                     edited or removed from Regulations.gov.
                                                  suggestion or recommendation.                           involved in the exercise from being in                The EPA may publish any comment
                                                     We encourage you to submit                           the safety zone unless authorized by the              received to its public docket. Do not
                                                  comments through the Federal                            Captain of the Port (COTP) Guam or a                  submit electronically any information
                                                  eRulemaking Portal at http://                           designated representative.                            you consider to be Confidential
                                                  www.regulations.gov. If your material                      (2) To seek permission to enter,                   Business Information (CBI) or other
                                                  cannot be submitted using http://                       contact the COTP Guam or the COTP’s                   information whose disclosure is
                                                  www.regulations.gov, contact the person                 representative by VHF channel 16 or by                restricted by statute. Multimedia
                                                  in the FOR FURTHER INFORMATION                          telephone at 671–355–4821. Those in                   submissions (audio, video, etc.) must be
                                                  CONTACT section of this document for                    the safety zone must comply with all                  accompanied by a written comment.
                                                  alternate instructions.                                 lawful orders or directions given to                  The written comment is considered the
                                                                                                          them by the COTP or the COTP’s                        official comment and should include
                                                     We accept anonymous comments. All                    designated representative.                            discussion of all points you wish to
                                                  comments received will be posted                           (c) Enforcement period. This section               make. The EPA will generally not
                                                  without change to http://                               will be enforced from 6 p.m. on                       consider comments or comment
                                                  www.regulations.gov and will include                    September 16, 2018 to 6 a.m. on                       contents located outside of the primary
                                                  any personal information you have                       September 17, 2018.                                   submission (i.e., on the web, cloud, or
                                                  provided. For more about privacy and                                                                          other file sharing system). For
                                                                                                            Dated: April 30, 2018.
                                                  the docket, visit http://                                                                                     additional submission methods, the full
                                                                                                          Christopher M. Chase,
                                                  www.regulations.gov/privacyNotice.                                                                            EPA public comment policy,
                                                                                                          Captain, U.S. Coast Guard, Captain of the
                                                     Documents mentioned in this NPRM                     Port Guam.                                            information about CBI or multimedia
                                                  as being available in the docket, and all               [FR Doc. 2018–10819 Filed 5–18–18; 8:45 am]
                                                                                                                                                                submissions, and general guidance on
                                                  public comments, will be in our online                                                                        making effective comments, please visit
                                                                                                          BILLING CODE 9110–04–P
                                                  docket at http://www.regulations.gov                                                                          http://www2.epa.gov/dockets/
                                                  and can be viewed by following that                                                                           commenting-epa-dockets.
                                                  website’s instructions. Additionally, if                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                          ENVIRONMENTAL PROTECTION
                                                  you go to the online docket and sign up                                                                       Kenneth Fradkin, Environmental
                                                                                                          AGENCY
                                                  for email alerts, you will be notified                                                                        Protection Agency, 290 Broadway, New
                                                  when comments are posted or a final                     40 CFR Part 52                                        York, New York 10007–1866, at (212)
                                                  rule is published.                                                                                            637–3702, or by email at
                                                                                                          [EPA–R02–OAR–2018–0237; FRL–9978–                     fradkin.kenneth@epa.gov.
                                                  List of Subjects in 33 CFR Part 165                     39—Region 2]
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                    Harbors, Marine safety, Navigation                    Approval of Air Quality Implementation                Throughout this document whenever
                                                  (water), Reporting and recordkeeping                    Plans; New Jersey; Infrastructure SIP                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                  requirements, Security measures,                        Requirements for the 2012 PM2.5                       EPA. This supplementary information
                                                  Waterways.                                              NAAQS; Interstate Transport                           section is arranged as follows:
                                                                                                          Provisions                                            I. What is the background of this SIP
                                                    For the reasons discussed in the                                                                                 submission?
                                                  preamble, the Coast Guard proposes to                   AGENCY: Environmental Protection                      II. What guidance is EPA using to evaluate
                                                  amend 33 CFR part 165 as follows:                       Agency (EPA).                                              this SIP submission?



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                                                                            Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules                                                   23403

                                                  III. EPA’s Review                                       NAAQS.2 In that rule, we considered                   has previously used to address interstate
                                                  IV. What action is EPA taking?                          states linked to downwind receptors if                transport, and provides EPA’s general
                                                  V. Statutory and Executive Order Reviews                they were projected to contribute more                review of relevant modeling data and air
                                                  I. What is the background of this SIP                   than the threshold amount (1 percent of               quality projections as they relate to the
                                                  submission?                                             the standard) of PM2.5 pollution for the              2012 PM2.5 NAAQS. The 2016
                                                                                                          1997 and 2006 PM2.5 NAAQS (76 FR                      memorandum provides information
                                                     The EPA is proposing to approve                      48208, 48239–43). The EPA has not                     relevant to EPA Regional office review
                                                  elements of the State of New Jersey’s                   established a threshold amount for the                of the CAA section 110(a)(2)(D)(i)(I)
                                                  October 17, 2014 SIP submission, which                  2012 PM2.5 NAAQS.                                     ‘‘good neighbor’’ provision in
                                                  addresses the section 110(a)                               EPA addressed interstate transport                 infrastructure SIPs with respect to the
                                                  infrastructure requirements of the CAA                  provisions for the October 17, 2014 SIP               2012 PM2.5 NAAQS. This rulemaking
                                                  for the following NAAQS: 2012 PM2.5,                    submittal concerning the Prevention of                considers information provided in that
                                                  2008 ozone, 2008 lead, 2010 nitrogen                    Significant Deterioration (PSD)                       memorandum.
                                                  dioxide (NO2), 2010 sulfur dioxide                      regulations and visibility protection                    In particular, the 2016 memorandum
                                                  (SO2), 2011 carbon monoxide (CO), and                   (i.e., section 110(a)(2)(D)(i)(II)) for 2012          provides states and EPA Regional offices
                                                  the 2006 particulate matter of 10                       PM2.5, 2008 ozone, 2008 lead, 2010 NO2,               with projected future year annual PM2.5
                                                  microns or less (PM10). Specifically, this              2010 SO2, 2011 CO, and the 2006 PM10                  design values for monitors in the United
                                                  rulemaking proposes to approve the                      NAAQS) on September 19, 2016.3                        States based on quality assured and
                                                  portion of the submission addressing                       EPA addressed the CAA section                      certified ambient monitoring data and
                                                  the interstate transport provisions for                 110(a)(2)(D)(i)(I) for the 2008 Ozone                 air quality modeling. The memorandum
                                                  the 2012 PM2.5 NAAQS under CAA                          NAAQS in the EPA’s update of the                      further describes how these projected
                                                  section 110(a)(2)(D)(i)(I), otherwise                   CSAPR rule in October 26, 2016 (81 FR                 potential design values can be used to
                                                  known as the ‘‘good neighbor’’                          74504) but did not address New Jersey                 help determine which monitors should
                                                  provision.                                              as it had withdrawn 4 that portion of the             be further evaluated to potentially
                                                                                                          October 17, 2014 SIP submittal.                       address whether emissions from other
                                                     The requirement for states to make an                   The EPA will address the                           states significantly contribute to
                                                  infrastructure SIP submission arises                    requirements of CAA sections                          nonattainment or interfere with
                                                  from section 110(a)(1) of the CAA.                      110(a)(2)(D)(i)(I) for the 2008 lead, 2010            maintenance of the 2012 PM2.5 NAAQS
                                                  Pursuant to section 110(a)(1), states                   NO2, 2010 SO2, 2011 CO, and the 2006                  at those sites. The 2016 memorandum
                                                  must submit ‘‘within 3 years (or such                   PM10 NAAQS in a separate action.                      explains that the pertinent year for
                                                  shorter period as the Administrator may                                                                       evaluating air quality for purposes of
                                                  prescribe) after the promulgation of a                  II. What guidance is EPA using to                     addressing interstate transport for the
                                                  national primary ambient air quality                    evaluate this SIP submission?                         2012 PM2.5 NAAQS is 2021, the
                                                  standard (or any revision thereof),’’ a                    EPA highlighted the statutory                      attainment deadline for 2012 PM2.5
                                                  plan that provides for the                              requirement to submit infrastructure                  NAAQS nonattainment areas classified
                                                  ‘‘implementation, maintenance, and                      SIPs within 3 years of promulgation of                as Moderate. Accordingly, because the
                                                  enforcement’’ of such NAAQS.1 The                       a new NAAQS in an October 2, 2007                     available data included 2017 and 2025
                                                  statute directly imposes on states the                  guidance document entitled ‘‘Guidance                 projected average and maximum PM2.5
                                                  duty to make these SIP submissions,                     on SIP Elements Required Under                        design values calculated through the
                                                  and the requirement to make the                         sections 110(a)(1) and (2) for the 1997               CAMx 5 photochemical model, the
                                                  submissions is not conditioned upon                     8-hour Ozone and PM2.5 National                       memorandum suggests approaches
                                                  EPA taking any action other than                        Ambient Air Quality Standards’’ (2007                 states might use to interpolate PM2.5
                                                  promulgating a new or revised NAAQS.                    guidance). EPA has issued additional                  values at sites in 2021.6
                                                  Section 110(a)(2) includes a list of                    guidance documents and memoranda,                        As explained in the 2016
                                                  specific elements that ‘‘[e]ach such                    including a September 13, 2013                        memorandum, EPA used the
                                                  plan’’ submission must address. EPA                     guidance document titled ‘‘Guidance on                methodology used in the CSAPR rule to
                                                  commonly refers to such state plans as                  Infrastructure State Implementation                   determine potential nonattainment and
                                                  ‘‘infrastructure SIPs’’.                                Plan (SIP) Elements under Clean Air Act               maintenance sites. ‘‘Nonattainment
                                                     The EPA has addressed the interstate                 sections 110(a)(1) and 110(a)(2)’’ (2013              sites’’ refer to those sites that are
                                                  transport requirements of CAA section                   guidance).                                            projected to exceed the 2012 PM2.5
                                                  110(a)(2)(D)(i)(I) with respect to PM2.5 in                The most recent relevant document                  NAAQS of 12 micrograms per cubic
                                                  several prior regulatory actions. In 2011,              was a memorandum published on                         meter (mg/m3) based on the average
                                                  we promulgated the Cross-State Air                      March 17, 2016, titled ‘‘Information on               future year design values. Those sites
                                                  Pollution Rule (CSAPR), 76 FR 48208                     the Interstate Transport ‘Good Neighbor’              that are projected to exceed the NAAQS
                                                  (August 8, 2011), in order to address the               Provision for the 2012 Fine Particulate
                                                                                                                                                                   5 Comprehensive Air Quality Model with
                                                  obligations of states—and of the EPA                    Matter National Ambient Air Quality
                                                                                                                                                                extensions(CAMx).
                                                  when states have not met their                          Standards under Clean Air Act section                    6 Specifically, the 2016 Memorandum explains
                                                  obligations—under CAA section                           110(a)(2)(D)(i)(I)’’ (2016 memorandum).               that one way to assess potential receptors for 2021
                                                  110(a)(2)(D)(i)(I) to prohibit air pollution            The 2016 memorandum, which is                         is to assume that receptors projected to have
                                                  contributing significantly to                           included in the docket of this                        average and/or maximum design values above the
                                                                                                                                                                NAAQS in both 2017 and 2025 are also likely to
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                                                  nonattainment in, or interfering with                   rulemaking, describes the approach EPA
                                                                                                                                                                be either nonattainment or maintenance receptors
                                                  maintenance by, any other state with                                                                          in 2021. Similarly, it may be reasonable to assume
                                                                                                             2 Federal Implementation Plans; Interstate
                                                  regard to several NAAQS, including the                                                                        that receptors that are projected to attain the
                                                                                                          Transport of Fine Particulate Matter and Ozone and    NAAQS in both 2017 and 2025 are also likely to
                                                  1997 annual and 2006 24-hour PM2.5                      Correction of SIP Approvals, 76 FR 48207 (August      be attainment receptors in 2021. Where a potential
                                                                                                          8, 2011) (codified as amended at 40 CFR 52.38 and     receptor is projected to be nonattainment or
                                                    1 On December 14, 2012 (78 FR 3086), the EPA          52.39 and 40 CFR part 97).                            maintenance in 2017, but projected to be attainment
                                                                                                             3 81 FR 64070 (September 19, 2016).
                                                  promulgated a revised primary NAAQS for PM2.5                                                                 in 2025, further analysis of the emissions and
                                                  for the annual standard. The revised standard was          4 EPA issued a finding to New Jersey for failure   modeling may be needed to make a further
                                                  set at the level of 12 mg/m3.                           to submit on June 15, 2016 (81 FR 38963).             judgement regarding the receptor status in 2021.



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                                                  23404                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

                                                  based on the maximum future year                                        design values are referred to as
                                                                                                                          ‘‘maintenance’’ sites.
                                                      TABLE 1—PROJECTED NONATTAINMENT AND MAINTENANCE SITES FOR THE 2012 PM2.5 NAAQS IN 2017 AND 2025
                                                                                                                                        2017 avg      2017 max        2025 avg     2025 max
                                                                                                                                          design        design          design       design        Projected 2017          Projected 2025
                                                     Monitor ID                  State                           County                   value         value           value        value        attainment status       attainment status
                                                                                                                                         (μg/m 3)      (μg/m 3)        (μg/m 3)     (μg/m 3)

                                                  60190011 ........   California ..................    Fresno ......................          13.69         14.36          13.09        13.72    Nonattainment ......    Nonattainment.
                                                  60195001 ........   California ..................    Fresno ......................          15.43          15.9           14.9        15.36    Nonattainment ......    Nonattainment.
                                                  60195025 ........   California ..................    Fresno ......................          13.43         13.75          12.94        13.22    Nonattainment ......    Nonattainment.
                                                  60250005 ........   California ..................    Imperial ....................          14.19         14.32          14.83        14.97    Nonattainment ......    Nonattainment.
                                                  60290014 ........   California ..................    Kern .........................         14.24         14.85          13.78        14.37    Nonattainment ......    Nonattainment.
                                                  60290106 ........   California ..................    Kern .........................          15.4         16.43          14.94        15.93    Nonattainment ......    Nonattainment.
                                                  60311004 ........   California ..................    Kings ........................         15.38         16.01          14.82         15.4    Nonattainment ......    Nonattainment.
                                                  60371002 ........   California ..................    Los Angeles .............               11.6         12.25          11.42        12.07    Maintenance .........   Maintenance.
                                                  60392010 ........   California ..................    Madera .....................           17.37         17.62           16.9        17.14    Nonattainment ......    Nonattainment.
                                                  60470003 ........   California ..................    Merced .....................           13.84         15.27          13.52        14.92    Nonattainment ......    Nonattainment.
                                                  60658001 ........   California ..................    Riverside ..................           12.25         12.74          11.99        12.47    Nonattainment ......    Maintenance.
                                                  60658005 ........   California ..................    Riverside ..................           13.89         14.41          13.63        14.15    Nonattainment ......    Nonattainment.
                                                  60990006 ........   California ..................    Stanislaus ................            14.44         14.79          13.97        14.31    Nonattainment ......    Nonattainment.
                                                  60990005 ........   California ..................    Stanislaus ................             12.5         12.84          12.03        12.34    Nonattainment ......    Maintenance.
                                                  60710025 ........   California ..................    San Bernardino ........                11.79         12.35          11.61        12.15    Maintenance .........   Maintenance.
                                                  60771002 ........   California ..................    San Joaquin .............              11.49         13.09          11.16        12.71    Maintenance .........   Maintenance.
                                                  61072002 ........   California ..................    Tulare .......................         14.63          15.6          14.06        14.96    Nonattainment ......    Nonattainment.
                                                  160790017 ......    Idaho ........................   Shoshone .................             12.01         12.43           11.8        12.22    Maintenance .........   Maintenance.
                                                  420030064 ......    Pennsylvania ............        Allegheny .................            11.67         12.16          11.18        11.65    Maintenance .........   Attainment.



                                                     Where EPA had sufficient data to                                     portions of Florida, Illinois, Idaho,                    110(a)(2)(D)(i)(I) (i.e., prongs 1 and 2) for
                                                  complete its air quality modeling, EPA’s                                Tennessee and Kentucky. Data quality                     the 2012 PM2.5 NAAQS.
                                                  analysis showed that, except for one                                    problems were since resolved for Idaho,                     In several previous rulemakings, EPA
                                                  monitoring site in Allegheny County,                                    Tennessee, Kentucky and portions of                      has developed and consistently applied
                                                  Pennsylvania, monitors in the eastern                                   Florida, identifying no additional                       a framework for addressing the prong 1
                                                  United States were expected to both                                     potential receptors, with those areas                    and 2 interstate transport requirements
                                                  attain and maintain the 2012 PM2.5                                      having design values below the 2012                      with respect to the PM2.5 NAAQS. That
                                                  NAAQS in both 2017 and 2025. EPA                                        PM2.5 NAAQS and expected to maintain                     framework has four basic steps,
                                                  notes that, as further discussed below,                                 the NAAQS due to downward emission                       including: (1) Identifying downwind
                                                  EPA’s modeling analysis was                                             trends for NOX and SO2 (www.epa.gov/                     receptors that are expected to have
                                                  inconclusive for monitoring sites with                                  air-trends/air-quality-design-values and                 problems attaining or maintaining the
                                                  incomplete data.                                                        www.epa.gov/air-emissions-inventories/                   NAAQS; (2) identifying which upwind
                                                     The modeling results provided in the                                 air-pollutant-emissions-trends-data). As                 states contribute to these identified
                                                  2016 memorandum also show that out                                      of May 2018, the areas that still have                   problems in amounts sufficient to
                                                  of seven PM2.5 monitors located in                                      data quality issues preventing                           warrant further review and analysis; (3)
                                                  Allegheny County, Pennsylvania, only                                    projections of nonattainment and                         for states identified as contributing to
                                                  one monitor (ID number 420030064) is                                    maintenance receptors are all of Illinois                downwind air quality problems,
                                                  expected to be above the 2012 PM2.5                                     and four counties in Florida. EPA notes                  identifying upwind emissions
                                                  NAAQS in 2017.                                                          that preliminary design values for the                   reductions necessary to prevent an
                                                     Further, that monitor (ID number                                     four counties in Florida for the most                    upwind state from significantly
                                                  420030064 or Liberty monitor) is                                        recent period (2015–2017) have been                      contributing to nonattainment or
                                                  projected to be above the NAAQS only                                    preliminary deemed complete, and are                     interfering with maintenance of the
                                                  under the model’s maximum projected                                     well below the 2012 PM2.5 NAAQS. This                    NAAQS downwind; and (4) for states
                                                  conditions (used in EPA’s interstate                                    is further discussed in section III below.               that are found to have emissions that
                                                  transport framework to identify                                                                                                  significantly contribute to
                                                  maintenance receptors), and is projected                                III. EPA’s Review                                        nonattainment or interfere with
                                                  to both attain and maintain the NAAQS                                      This rulemaking proposes action on                    maintenance of the NAAQS downwind,
                                                  (along with all Allegheny County                                        the portion of New Jersey’s October 17,                  reducing the identified upwind
                                                  monitors) in 2025. The memorandum                                       2014 SIP submission addressing the                       emissions through adoption of
                                                  therefore indicates that under such a                                   ‘‘good neighbor’’ provision requirements                 permanent and enforceable measures.
                                                  condition (where EPA’s photochemical                                    of CAA section 110(a)(2)(D)(i)(I), which                 This framework was most recently
                                                  modeling indicates an area will attain                                  include:                                                 applied with respect to PM2.5 in the
                                                  the 2012 PM2.5 NAAQS in 2025 but not                                       —Prohibiting any source or other type                 CSAPR rule, designed to address both
                                                  attain or maintain in 2017) further                                     of emissions activity in one state from                  the 1997 and 2006 PM2.5 standards, as
                                                  analysis of the site should be performed                                contributing significantly to
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                                                                                                                                                                                   well as the 1997 ozone standard.
                                                  to determine if the site may be a                                       nonattainment of the NAAQS in another
                                                  nonattainment or maintenance receptor                                                                                            A. New Jersey’s Submittal
                                                                                                                          state (otherwise known as prong 1);
                                                  in 2021 (the attainment deadline for                                       —Prohibiting any source or other type                    New Jersey’s October 2014 SIP
                                                  moderate PM2.5 areas).                                                  of emissions activity in one state from                  submittal includes its SIP-approved
                                                     The 2016 Memorandum did note that                                    interfering with maintenance of the                      New Jersey regulations and control
                                                  because of data quality problems,                                       NAAQS in another state (prong 2).                        measures that the State has
                                                  nonattainment and maintenance                                              This rulemaking is evaluating the                     implemented to address the interstate
                                                  projections were not done for all or                                    October 17, 2014 submission, specific to                 transport of air pollutants for criteria


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                                                                            Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules                                             23405

                                                  pollutants, including the 2012 PM2.5                    more stringent than similar rules in                     As stated above, ‘‘Step 2’’ is the
                                                  NAAQS. New Jersey regulations and                       nearby states. The complete list of New               identification of states contributing to
                                                  control measures that have reduced                      Jersey regulations and control measures               downwind nonattainment and
                                                  PM2.5, as well as SO2, NOX, and Volatile                can be found in the October 2014 SIP                  maintenance receptors, such that further
                                                  Organic Carbon (VOC) precursor                          submittal, which is included in the                   analysis is required to identify
                                                  emissions include:                                      docket of this rulemaking.                            necessary upwind reductions. For this
                                                  —New Jersey’s low sulfur fuel oil rule,                   New Jersey noted that the neighboring               step, we will be specifically determining
                                                     New Jersey Administrative Code                       states of New York and Delaware do not                if New Jersey emissions contribute to
                                                     (N.J.A.C.) 7:27–9 7, Sulfur in Fuels,                have any PM2.5 nonattainment areas.                   downwind nonattainment and
                                                     reduces SO2 emissions by reducing                    Additionally, New Jersey indicated that               maintenance receptors.
                                                     the sulfur content of fuel oils used                 the State of Pennsylvania, in its area                   For the 1997 and 2006 PM2.5 NAAQS,
                                                     throughout the State, including fuel                 designation recommendations 10 to EPA                 we have used air quality modeling and
                                                     oil-fired electric generating units                  for the 2012 PM2.5 NAAQS, determined                  an air quality threshold of one percent
                                                     (EGUs), home heating, and industrial                 that nonattainment in the State was                   of the PM2.5 NAAQS to link contributing
                                                     and commercial boilers. The sulfur                   caused by local, not regional sources.                states to projected nonattainment or
                                                     content of all distillate fuel oils (#2                New Jersey completed its technical                  maintenance receptors (76 FR 48237,
                                                     fuel oil and lighter) was lowered to                 analysis before EPA issued the 2016                   August 8, 2011). That is, if an upwind
                                                     500 parts per million (ppm) beginning                Memorandum, which, as discussed                       state contributes less than the one
                                                     on July 1, 2014; and further limited to              earlier, included modeling projections                percent screening threshold to a
                                                     15 ppm beginning on July 1, 2016.                    for 2017 and 2025 annual PM2.5 design                 downwind nonattainment or
                                                     Beginning July 1, 2014, the sulfur                   values meant to assist states in                      maintenance receptor, we determine
                                                     content for #4 fuel oil was lowered to               implementation of their 2012 PM2.5                    that the state is not ‘‘linked’’ and
                                                     2,500 ppm; and #6 fuel oil was                       NAAQS interstate transport SIPs. As                   therefore does not significantly
                                                     lowered to a range of 3,000 to 5,000                 discussed below, however, EPA’s                       contribute to nonattainment or
                                                     ppm sulfur content;                                  review of New Jersey’s submittal                      maintenance problems at that receptor.
                                                  —Coal-fired power plants in New Jersey                  nevertheless concludes that EPA’s                     We have not set an air quality threshold
                                                     control SO2 emissions by use of                      modeling projections regarding                        for the 2012 PM2.5 NAAQS and we do
                                                     scrubbers to comply with adopted                     projected future nonattainment and                    not have air quality modeling showing
                                                     SO2 rules including stringent, new                   maintenance areas as indicated in the                 contributions to projected
                                                     short-term SO2 emission limits (i.e.,                2016 memorandum, past EPA                             nonattainment or maintenance receptors
                                                     N.J.A.C. 7:27–10.2 8, effective start                contribution modeling performed for                   for this NAAQS.
                                                     date for new emission rates was                      CSAPR, and certified annual PM2.5                        The EPA believes that a proper and
                                                     December 2012;                                                                                             well-supported weight of evidence
                                                                                                          design values recorded since New
                                                  —N.J.A.C. 7:27–19.29 9, EGU- High                                                                             approach can provide sufficient
                                                                                                          Jersey’s submittal confirm New Jersey’s
                                                     Electric Demand Day (HEDD), require                                                                        information for purposes of addressing
                                                                                                          analysis that the State has adequately
                                                     advanced NOX emission controls for                                                                         transport with respect to the 2012 PM2.5
                                                                                                          addressed the interstate transport
                                                     EGU’s that operate on HEDD days;                                                                           annual NAAQS. We rely on the CSAPR
                                                                                                          requirements of CAA 110(a)(2)(D)(i)(I).
                                                     New Jersey estimated its NOX                                                                               air quality modeling conducted for
                                                     reasonably available control                         B. EPA Analysis                                       purposes of evaluating upwind state
                                                     technology (RACT) rules would                           As stated above, EPA has developed                 impacts on downwind air quality with
                                                     reduce NOX emissions by 64 tons per                  a four-step approach for addressing the               respect to the 1997 annual PM2.5
                                                     day on HEDD days beginning with the                  prong one and two interstate transport                NAAQS of 15 mg/m3 (as well as the 2006
                                                     2015 summer ozone season; and                                                                              24-hour PM2.5 NAAQS, and 1997 Ozone
                                                                                                          requirements with respect to the PM2.5
                                                  —New Jersey has a statewide enhanced                                                                          NAAQS). Although not conducted for
                                                                                                          NAAQS. The first step is the
                                                     motor vehicle program that ensures                                                                         purposes of evaluating the 2012 annual
                                                                                                          identification of potential downwind
                                                     New Jersey has adopted the motor                                                                           PM2.5 NAAQS, this modeling can inform
                                                                                                          nonattainment and maintenance
                                                     vehicle standards adopted by                                                                               our analysis regarding both the general
                                                                                                          receptors. EPA identified potential
                                                     California to ensure that only the                                                                         magnitude of downwind PM2.5 impacts
                                                                                                          nonattainment and/or maintenance
                                                     lowest emitting vehicles available are                                                                     and the downwind distance in which
                                                                                                          areas in the 2016 memorandum (see
                                                     sold in New Jersey                                                                                         states may contribute to receptors with
                                                                                                          section II, Table 1, above). Most of the
                                                     New Jersey has indicated that it has                                                                       respect to the 2012 annual PM2.5
                                                                                                          potential receptors are in California,
                                                  addressed the interstate transport                                                                            NAAQS of 12 mg/m3. If the same 1%
                                                                                                          located in the San Joaquin Valley or                  contribution threshold used in CSAPR
                                                  requirements of CAA 110(a)(2)(D)(i)(I)                  South Coast nonattainment areas. There
                                                  by implementing effective rules to                                                                            for the 1997 and 2006 PM2.5 NAAQS
                                                                                                          is also one potential receptor in                     applied to the 2012 PM2.5 NAAQS, we
                                                  control sources that may significantly                  Shoshone County, Idaho, and one
                                                  contribute to nonattainment of a                                                                              could consider the fact that a state’s
                                                                                                          potential receptor in Allegheny County,               impact was below that value (that is,
                                                  NAAQS in another state, and therefore                   Pennsylvania. In addition, as noted in
                                                  addressed New Jersey’s downwind                                                                               0.12 mg/m3). We also note that New
                                                                                                          section II to account for data quality                Jersey’s submittal, described above,
                                                  contributions from New Jersey sources.                  limitations, EPA also considers
                                                  New Jersey has also indicated that they                                                                       relies on several factors to support a
                                                                                                          potential receptors to include all of                 finding that emissions from New Jersey
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                                                  have no rules that interfere with the                   Illinois and Miami-Dade, Gilchrist,
                                                  ability of another state to maintain                                                                          sources do not significantly contribute
                                                                                                          Broward, and Alachua Counties in                      to nonattainment, or interfere with
                                                  attainment of any ambient air quality                   Florida.
                                                  standard in that state. New Jersey noted                                                                      maintenance of, the 2012 PM2.5 NAAQS
                                                  that its rules to control air emissions are                                                                   in downwind states.
                                                                                                            10 Commonwealth of Pennsylvania, Final
                                                                                                                                                                   We note that no single piece of
                                                                                                          Designation Recommendations for the 2012 PM2.5
                                                    7 EPA approval on January 3,2012(77 FR 19).           Standard, available at http://www.dep.state.pa.us/
                                                                                                                                                                information is by itself dispositive of the
                                                    8 EPA approval on August 3,2010(75 FR 45483).         dep/deputate/airwaste/aq/attain/pm25des/Final_        issue. Instead, the total weight of all the
                                                    9 EPA approval on August 3,2010 (75 FR 45483).        Designation_Recommendations.pdf.                      evidence taken together is used to


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                                                  23406                     Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

                                                  evaluate significant contributions to                   with maintenance of the 2012 PM2.5                    prohibiting any source or other type of
                                                  nonattainment or interference with                      NAAQS for Allegheny County,                           emissions activity from contributing
                                                  maintenance of the 2012 PM2.5 NAAQS                     Pennsylvania.                                         significantly to nonattainment in or
                                                  in another state.                                                                                             interfering with maintenance of the
                                                                                                          Miami/Dade, Gilchrist, Broward,
                                                    Each of the potential receptors is                                                                          NAAQS in another state, steps 3 and 4
                                                                                                          Alachua Counties, Florida
                                                  discussed below, with a more in-depth                                                                         of this evaluation are not necessary.
                                                  discussion provided in the Technical                       In the CSAPR modeling analysis,                       In conclusion, based on our review of
                                                  Support Document (TSD) for this notice.                 Florida did not have any potential                    the potential receptors presented in the
                                                  For additional information, links to the                nonattainment or maintenance receptors                2016 memorandum, an evaluation
                                                  documents relied upon for this analysis                 identified for the 1997 or 2006 PM2.5                 identifying likely emission sources
                                                  can be found throughout the document,                   NAAQS. At this time, it is anticipated                affecting these potential receptors,
                                                  more information is available in the                    that this trend will continue.                        distance considerations, and the 2012
                                                  TSD and the documents can be found in                      As mentioned earlier in this section,              base case modeling in the CSAPR final
                                                  the docket for this action.                             as there are ambient monitoring data                  rule, we propose to determine that
                                                                                                          gaps in the 2009–2013 data that could                 emissions from New Jersey sources will
                                                  California and Idaho                                    have been used to identify potential                  not contribute significantly to
                                                    Based on distance considerations                      PM2.5 nonattainment and maintenance                   nonattainment in or interfere with
                                                  alone, New Jersey can be ruled out as a                 receptors for Miami/Dade, Gilchrist,                  maintenance by, any other state with
                                                  potential contributor to downwind                       Broward and Alachua counties in                       regard to the 2012 annual PM2.5
                                                  nonattainment and maintenance                           Florida, the modeling analysis of                     NAAQS.
                                                  receptors in California and Idaho. The                  potential receptors was not complete for
                                                  nearest of these receptors (Shoshone                    these counties. However, EPA notes that               IV. What action is EPA taking?
                                                  County, Idaho) is over 1,800 miles from                 the most recent ambient data (2015–                     EPA is proposing to approve the
                                                  New Jersey. Accordingly, EPA proposes                   2017) for these counties has been                     portion of New Jersey’s October 17,
                                                  to find that New Jersey will not                        preliminarily deemed complete and                     2014 SIP submission addressing the
                                                  significantly contribute to                             indicates design values well below the                interstate transport provisions for the
                                                  nonattainment or interfere with                         level of the 2012 PM2.5 NAAQS. This is                2012 PM2.5 NAAQS under CAA section
                                                  maintenance of the 2012 PM2.5 NAAQS                     also consistent with historical data:                 110(a)(2)(D)(i)(I).
                                                  in California and Idaho.                                Complete and valid design values in the
                                                                                                          2006–2008, 2007–2009, and/or 2008–                    V. Statutory and Executive Order
                                                  Allegheny County, Pennsylvania                          2010 periods for these counties were                  Reviews
                                                     As discussed in the TSD for this                     well below the 2012 PM2.5 NAAQS. In                      Under the CAA, the Administrator is
                                                  rulemaking, EPA has analyzed New                        addition, the highest preliminary value               required to approve a SIP submission
                                                  Jersey’s PM2.5 emissions and/or PM2.5                   for these observed monitors is 7.5 mg/m3              that complies with the provisions of the
                                                  precursors, and found that they do not                  at a Miami-Dade County monitor (ID                    CAA and applicable Federal regulations.
                                                  significantly impact the Allegheny                      120861016). For these reasons, we find                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  County, Pennsylvania (Liberty monitor)                  that none of the counties in Florida with             Thus, in reviewing SIP submissions,
                                                  potential maintenance receptor. In our                  monitoring gaps between 2009–2013                     EPA’s role is to approve state choices,
                                                  analysis we found that there were strong                should be considered either                           provided that they meet the criteria of
                                                  local influences throughout Allegheny                   nonattainment or maintenance receptors                the CAA. Accordingly, this action
                                                  County and contributions from nearby                    for the 2012 PM2.5 NAAQS. Therefore,                  merely approves state law as meeting
                                                  states that contributed to its                          we propose that New Jersey will not                   Federal requirements and does not
                                                  nonattainment for both the 1997 and                     significantly contribute to                           impose additional requirements beyond
                                                  2006 PM2.5 NAAQS. Contributors to the                   nonattainment or interfere with                       those imposed by state law. For that
                                                  Liberty monitor in Allegheny County,                    maintenance of the 2012 PM2.5 NAAQS                   reason, this action:
                                                  Pennsylvania have taken steps in recent                 in Florida.                                              • Is not a significant regulatory action
                                                  years, to improve air quality which will                                                                      subject to review by the Office of
                                                                                                          Illinois                                              Management and Budget under
                                                  likely bring the monitor into compliance
                                                  with the 2012 PM2.5 annual NAAQS by                        As indicated previously, data quality              Executive Orders 12866 (58 FR 51735,
                                                  the 2021 attainment date.                               issues prevent projections of                         October 4, 1993) and 13563 (76 FR 3821,
                                                     Another compelling fact is that in                   nonattainment and maintenance                         January 21, 2011);
                                                  previous modeling, nonattainment in                     receptors in Illinois. Previous CSAPR                    • Is not an Executive Order 13771 (82
                                                  Allegheny County, Pennsylvania was                      modeling, however, indicates that New                 FR 9339, February 2, 2017) regulatory
                                                  linked to significant contributions from                Jersey emissions would not impact                     action because SIP approvals are
                                                  other states.11 New Jersey was analyzed                 potential nonattainment and                           exempted under Executive Order 12866;
                                                  in this modeling, and New Jersey                        maintenance receptors in Illinois. New                   • Does not impose an information
                                                  emissions were not linked to Allegheny                  Jersey’s contribution in the CSAPR 2012               collection burden under the provisions
                                                  County. EPA notes that, in fact, New                    base case modeling was 0.003 mg/m3 or                 of the Paperwork Reduction Act (44
                                                  Jersey’s contribution in the CSAPR 2012                 less to Illinois counties, a very small               U.S.C. 3501 et seq.);
                                                  base case modeling was 0.024 mg/m3,                     fraction of the threshold amount (well                   • Is certified as not having a
                                                                                                          below 1% of the standard) for linkage to              significant economic impact on a
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                                                  well below 1% of the standard for
                                                  linkage to downwind receptors.                          downwind receptors.                                   substantial number of small entities
                                                     For these reasons, we propose to find                   For this reason alone, we propose that             under the Regulatory Flexibility Act (5
                                                  that New Jersey will not significantly                  New Jersey will not significantly                     U.S.C. 601 et seq.);
                                                                                                          contribute to nonattainment or interfere                 • Does not contain any unfunded
                                                  contribute to nonattainment or interfere
                                                                                                          with maintenance of the 2012 PM2.5                    mandate or significantly or uniquely
                                                    11 Air Quality Modeling for 2011 Cross-State Air      NAAQS in Illinois.                                    affect small governments, as described
                                                  Pollution Rule (CSAPR) (76 FR 48207, August 8,             Since we determined that New                       in the Unfunded Mandates Reform Act
                                                  2011).                                                  Jersey’s SIP includes provisions                      of 1995 (Pub. L. 104–4);


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                                                                            Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules                                                   23407

                                                     • Does not have Federalism                           State Implementation Plan (SIP)                       welfare. The CAA requires periodic
                                                  implications as specified in Executive                  submitted on June 25, 2008, by the State              review of the air quality criteria—the
                                                  Order 13132 (64 FR 43255, August 10,                    of Tennessee, through the Tennessee                   science upon which the standards are
                                                  1999);                                                  Department of Environment and                         based—and the standards themselves.
                                                     • Is not an economically significant                 Conservation (TDEC), on behalf of the                 EPA’s regulatory provisions that govern
                                                  regulatory action based on health or                    Chattanooga/Hamilton County Air                       the NAAQS are found at 40 CFR part
                                                  safety risks subject to Executive Order                 Pollution Control Bureau (Chattanooga/                50—National Primary and Secondary
                                                  13045 (62 FR 19885, April 23, 1997);                    Hamilton County). The SIP submittal                   Ambient Air Quality Standards.
                                                     • Is not a significant regulatory action             includes changes to Chattanooga/
                                                                                                                                                                  On June 25, 2008, TDEC submitted to
                                                  subject to Executive Order 13211 (66 FR                 Hamilton County’s air quality rules that,
                                                                                                          among other things, modify several                    EPA a SIP revision to the Chattanooga/
                                                  28355, May 22, 2001);
                                                                                                                                                                Hamilton County portion of the
                                                     • Is not subject to requirements of                  ambient air standards. The portion of
                                                                                                          the SIP revision that EPA is approving                Tennessee SIP that contains changes to
                                                  section 12(d) of the National
                                                                                                          is consistent with the requirements of                a number of Chattanooga-Hamilton
                                                  Technology Transfer and Advancement
                                                  Act of 1995 (15 U.S.C. 272 note) because                the Clean Air Act (CAA or Act). EPA                   County’s air quality rules in Chapter 4
                                                  application of those requirements would                 will act on the other portions of the June            of Part II, Section 4–41. EPA is
                                                  be inconsistent with the CAA; and                       25, 2008, submittal in a separate action.             proposing to approve changes to the SIP
                                                     • Does not provide EPA with the                      DATES: Written comments must be                       through this action that deletes the
                                                  discretionary authority to address, as                  received on or before June 20, 2018.                  current version and substitutes a revised
                                                  appropriate, disproportionate human                     ADDRESSES: Submit your comments,
                                                                                                                                                                version of Chapter 4 of Part II, Section
                                                  health or environmental effects, using                  identified by Docket ID No. EPA–R04–                  4–41, Rule 21 of the Chattanooga City
                                                  practicable and legally permissible                     OAR–2017–0395 at http://                              Code ‘‘Ambient Air Quality
                                                  methods, under Executive Order 12898                    www.regulations.gov. Follow the online                Standards.’’ 1 Chattanooga-Hamilton
                                                  (59 FR 7629, February 16, 1994).                        instructions for submitting comments.                 County revised its rule to be consistent
                                                     In addition, the SIP is not approved                 Once submitted, comments cannot be                    with changes to federal NAAQS.
                                                  to apply on any Indian reservation land                 edited or removed from Regulations.gov.               II. Analysis of State’s Submittal
                                                  or in any other area where EPA or an                    EPA may publish any comment received
                                                  Indian tribe has demonstrated that a                    to its public docket. Do not submit                      On June 25, 2008, TDEC submitted a
                                                  tribe has jurisdiction. In those areas of               electronically any information you                    SIP revision to EPA for review and
                                                  Indian country, the rule does not have                  consider to be Confidential Business                  approval. The revision deletes the
                                                  tribal implications and will not impose                 Information (CBI) or other information                current version and substitutes a revised
                                                  substantial direct costs on tribal                      whose disclosure is restricted by statute.            version of Chapter 4 of Part II, Section
                                                  governments or preempt tribal law as                    Multimedia submissions (audio, video,                 4–41, Rule 21 of the Chattanooga City
                                                  specified by Executive Order 13175 (65                  etc.) must be accompanied by a written                Code ‘‘Ambient Air Quality Standards.’’
                                                  FR 67249, November 9, 2000).                            comment. The written comment is                       Chattanooga/Hamilton County revised
                                                                                                          considered the official comment and                   rule 21 to reflect all criteria pollutants;
                                                  List of Subjects in 40 CFR Part 52                      should include discussion of all points               Carbon Monoxide (CO), Lead (Pb),
                                                    Environmental protection, Air                         you wish to make. EPA will generally                  Nitrogen Dioxide (NO2), Particulate
                                                  pollution control, Incorporation by                     not consider comments or comment                      Matter (PM10), Ozone (O3), and Sulfur
                                                  reference, Intergovernmental relations,                 contents located outside of the primary               Dioxide (SO2), relating to all the
                                                  Particulate matter, Reporting and                       submission (i.e., on the web, cloud, or               national ambient air quality standards
                                                  recordkeeping requirements.                             other file sharing system). For                       (NAAQS). See 76 FR 54294 (August 31,
                                                     Authority: 42 U.S.C. 7401 et seq.                    additional submission methods, the full               2011), 73 FR 66964 (November 12,
                                                                                                          EPA public comment policy,                            2008), 75 FR 6474 (February 9, 2010), 61
                                                    Dated: May 8, 2018.                                   information about CBI or multimedia
                                                  Peter D. Lopez,                                                                                               FR 52852 (October 8, 1996), 73 FR
                                                                                                          submissions, and general guidance on                  16436 (March 27, 2008), 75 FR 35520
                                                  Regional Administrator, Region 2.                       making effective comments, please visit
                                                                                                                                                                (June 22, 2010), 38 FR 25678 (September
                                                  [FR Doc. 2018–10803 Filed 5–18–18; 8:45 am]             http://www2.epa.gov/dockets/
                                                                                                                                                                14, 1973). EPA is approving this
                                                  BILLING CODE 6560–50–P                                  commenting-epa-dockets.
                                                                                                                                                                revision to the Chattanooga/Hamilton
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      County portion of the Tennessee SIP to
                                                                                                          Tiereny Bell, Air Regulatory                          maintain consistency with the NAAQS.
                                                  ENVIRONMENTAL PROTECTION                                Management Section, Air Planning and
                                                  AGENCY                                                                                                        The Chattanooga/Hamilton County rule
                                                                                                          Implementation Branch, Air, Pesticides                revision became state-effective on June
                                                                                                          and Toxics Management Division, U.S.                  11, 2008. EPA has reviewed these
                                                  40 CFR Part 52
                                                                                                          Environmental Protection Agency,                      changes to the Chattanooga/Hamilton
                                                  [EPA–R04–OAR–2017–0395; FRL–9978–                       Region 4, 61 Forsyth Street SW, Atlanta,              County regulations for CO, Pb, NO2,
                                                  32—Region 4]                                            Georgia 30303–8960. Ms. Bell can be                   PM10, O3 and SO2, and has made the
                                                                                                          reached via telephone at (404) 562–9088               preliminary determination that these
                                                  Air Plan Approvals; Tennessee:                          or via electronic mail at bell.tiereny@
                                                  Revisions to Ambient Air Quality                                                                              changes are consistent with federal
                                                                                                          epa.gov.
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                                                  Standards                                                                                                     regulation.2
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  AGENCY:  Environmental Protection                                                                               1 EPA will consider the other changes included in

                                                  Agency.                                                 I. Background                                         Tennessee’s June 25, 2008, SIP revision in a future
                                                  ACTION: Proposed rule.                                     Sections 108 and 109 of the CAA                    rulemaking.
                                                                                                                                                                  2 The submittal does not address the 2008 8-hour
                                                                                                          govern the establishment, review, and
                                                                                                                                                                O3, 2015 8-hour O3, 2010 SO2, 2010 NO2, 2012
                                                  SUMMARY:   The Environmental Protection                 revision, as appropriate, of the National             PM2.5 and 2008 Pb standards because these
                                                  Agency (EPA) is proposing to approve a                  Ambient Air Quality Standards                         standards were not promulgated at the time the
                                                  portion of a revision to the Tennessee                  (NAAQS) to protect public health and                  submission was provided to EPA.



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Document Created: 2018-11-02 11:07:55
Document Modified: 2018-11-02 11:07:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before June 20, 2018.
ContactKenneth Fradkin, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3702, or by email at [email protected]
FR Citation83 FR 23402 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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