83 FR 40151 - Approval of Air Quality Implementation Plans; New Jersey; Infrastructure Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 157 (August 14, 2018)

The Environmental Protection Agency (EPA) is approving 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, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40151-40153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0237; FRL-9981-83--Region 2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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: This final rule is effective on September 13, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2018-0237. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 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: The Supplementary Information section is 
arranged as follows:

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), each 
state is required to submit a State Implementation Plan (SIP) that 
provides for the implementation, maintenance, and enforcement of a 
revised primary or secondary National Ambient Air Quality Standards 
(NAAQS or standard). CAA sections 110(a)(1) and (2) require each state 
to make a new SIP submission within three years after the EPA 
promulgates a new or revised NAAQS for approval into the existing 
federally-approved SIP to assure that the SIP meets the applicable 
requirements for such new and revised NAAQS.
    On May 21, 2018 (83 FR 23402), EPA published a Notice of Proposed 
Rulemaking (NPR) in the Federal Register for the State of New Jersey. 
The NPR proposed to approve elements of the State of New Jersey's 
Infrastructure SIP submission, dated October 17, 2014, which were 
submitted to address CAA section 110(a) infrastructure requirements for 
the following NAAQS: 2008 ozone, 2008 lead, 2010 nitrogen dioxide 
(NO2), 2010 sulfur dioxide (SO2), 2011 carbon 
monoxide (CO), 2006 particulate matter of 10 microns or less 
(PM10), and 2012 particulate matter of 2.5 microns or less 
(PM2.5). Specifically, EPA proposed in the May 21, 2018 
action 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.
    Other detailed information relevant to this action on New Jersey's 
infrastructure SIP submission, including infrastructure requirements 
concerning interstate transport provisions, and the rationale for EPA's 
proposed action are explained in the NPR and the associated Technical 
Support Document (TSD) in the docket and are not restated here.

II. What comments were received in response to the EPA's proposed 
action?

    In response to the EPA's May 21, 2018 proposed rulemaking to 
approve the portion of the New Jersey's infrastructure SIP submission, 
dated October 17, 2014, addressing the interstate transport provisions 
for the 2012 PM2.5 NAAQS, EPA received two comments from the 
public during the 30-day public comment period. After reviewing the 
comments, EPA has determined that the comments are outside the scope of 
our proposed action or fail to identify any material issue 
necessitating a response. None of the comments raise issues germane to 
the EPA's proposed action. For this reason, the EPA will not provide a 
specific response to the comments. The comments may be viewed under 
Docket ID Number EPA-R02-OAR-2018-0237 on the http://www.regulations.gov website.

III. What action is EPA taking?

    EPA is approving the portion of New Jersey's October 17, 2014 
infrastructure SIP submission addressing the interstate transport 
provisions for the 2012 PM2.5 NAAQS under CAA section 
110(a)(2)(D)(i)(I).
    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 at a later date. As noted in the NPR, New Jersey 
withdrew the portion of its October 17, 2014 SIP submission addressing 
110(a)(2)(D)(i)(I)

[[Page 40152]]

with respect to the 2008 8-hour ozone NAAQS.
    EPA addressed interstate transport provisions 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.\1\
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    \1\ 81 FR 64070 (September 19, 2016).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 15, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 25, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. In Sec.  52.1570, the table in paragraph (e) is amended by adding 
the entry ``NJ Infrastructure SIP for the 2012 PM2.5 NAAQS; 
Interstate Transport Provisions'' at the end of the table to read as 
follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

                                          EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                         Applicable  geographic or
             SIP element                     nonattainment area           New Jersey  submittal date       EPA approval date           Explanation
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                                                                      * * * * * * *
NJ Infrastructure SIP for the 2012    State-wide.....................  October 17, 2014...............  August 14, 2018,         This action addresses
 PM2.5 NAAQS; Interstate Transport                                                                       [insert Federal          the following CAA
 Provisions.                                                                                             Register citation].      elements:
                                                                                                                                  110(a)(2)(D)(i)(I)
                                                                                                                                  prongs 1 and 2.
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[[Page 40153]]


0
3. In Sec.  52.1586, paragraph (b)(1) is amended by adding a sentence 
at the end of the paragraph to read as follows:


Sec.  52.1586  Section 110(a)(2) infrastructure requirements.

* * * * *
    (b) * * *
    (1) * * * Submittal from New Jersey dated October 17, 2014 to 
address the CAA infrastructure requirements of section 110(a)(2) for 
the 2012 PM2.5 is approved for (D)(i)(I).
* * * * *
[FR Doc. 2018-17361 Filed 8-13-18; 8:45 am]
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