83_FR_40308 83 FR 40151 - Approval of Air Quality Implementation Plans; New Jersey; Infrastructure Requirements for the 2012 PM2.5

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)

Page Range40151-40153
FR Document2018-17361

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 Issue 157 (Tuesday, August 14, 2018)
[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\
---------------------------------------------------------------------------

    \1\ 81 FR 64070 (September 19, 2016).
---------------------------------------------------------------------------

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Applicable  geographic or
             SIP element                     nonattainment area           New Jersey  submittal date       EPA approval date           Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[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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                                                             Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations                                        40151

                                           coordination and review of proposed                     The infrastructure requirements are                   the State of New Jersey’s Infrastructure
                                           Federal financial assistance.                           designed to ensure that the structural                SIP submission, dated October 17, 2014,
                                             This document provides notification                   components of each state’s air quality                which were submitted to address CAA
                                           of our specific plans and actions for this              management program are adequate to                    section 110(a) infrastructure
                                           program.                                                meet the state’s responsibilities under               requirements for the following NAAQS:
                                             Accessible Format: Individuals with                   the CAA. This action pertains                         2008 ozone, 2008 lead, 2010 nitrogen
                                           disabilities can obtain this document in                specifically to infrastructure                        dioxide (NO2), 2010 sulfur dioxide
                                           an accessible format (e.g., Braille, large              requirements concerning interstate                    (SO2), 2011 carbon monoxide (CO), 2006
                                           print, audiotape, or compact disc) by                   transport provisions.                                 particulate matter of 10 microns or less
                                           contacting the person listed under FOR                  DATES: This final rule is effective on                (PM10), and 2012 particulate matter of
                                           FURTHER INFORMATION CONTACT.                            September 13, 2018.                                   2.5 microns or less (PM2.5). Specifically,
                                             Electronic Access to This Document:                   ADDRESSES: The EPA has established a                  EPA proposed in the May 21, 2018
                                           The official version of this document is                docket for this action under Docket ID                action to approve the portion of the
                                           the document published in the Federal                   Number EPA–R02–OAR–2018–0237. All                     submission addressing the interstate
                                           Register. You may access the official                   documents in the docket are listed on                 transport provisions for the 2012 PM2.5
                                           edition of the Federal Register and the                 the http://www.regulations.gov website.               NAAQS under CAA section
                                           Code of Federal Regulations via the                     Although listed in the index, some                    110(a)(2)(D)(i)(I), otherwise known as
                                           Federal Digital System at: www.gpo.gov/                 information is not publicly available,                the ‘‘good neighbor’’ provision.
                                           fdsys. At this site you can view this                   e.g., Confidential Business Information                  Other detailed information relevant to
                                           document, as well as all other                          (CBI) or other information whose                      this action on New Jersey’s
                                           documents of this Department                            disclosure is restricted by statute.                  infrastructure SIP submission, including
                                           published in the Federal Register, in                   Certain other material, such as                       infrastructure requirements concerning
                                           text or Portable Document Format                        copyrighted material, is not placed on                interstate transport provisions, and the
                                           (PDF). To use PDF you must have                         the internet and will be publicly                     rationale for EPA’s proposed action are
                                           Adobe Acrobat Reader, which is                          available only in hard copy form.                     explained in the NPR and the associated
                                           available free at the site.                             Publicly available docket materials are               Technical Support Document (TSD) in
                                             You may also access documents of the                  available electronically through http://              the docket and are not restated here.
                                           Department published in the Federal                     www.regulations.gov.
                                           Register by using the article search                                                                          II. What comments were received in
                                           feature at: www.federalregister.gov.                    FOR FURTHER INFORMATION CONTACT:                      response to the EPA’s proposed action?
                                           Specifically, through the advanced                      Kenneth Fradkin, Environmental                          In response to the EPA’s May 21, 2018
                                           search feature at this site, you can limit              Protection Agency, 290 Broadway, New                  proposed rulemaking to approve the
                                           your search to documents published by                   York, New York 10007–1866, at (212)                   portion of the New Jersey’s
                                           the Department.                                         637–3702, or by email at                              infrastructure SIP submission, dated
                                                                                                   fradkin.kenneth@epa.gov.                              October 17, 2014, addressing the
                                             Dated: August 9, 2018.
                                                                                                   SUPPLEMENTARY INFORMATION: The                        interstate transport provisions for the
                                           Frank T. Brogan,
                                                                                                   SUPPLEMENTARY INFORMATION section is                  2012 PM2.5 NAAQS, EPA received two
                                           Assistant Secretary for Elementary and                  arranged as follows:
                                           Secondary Education.                                                                                          comments from the public during the
                                           [FR Doc. 2018–17470 Filed 8–13–18; 8:45 am]             Table of Contents                                     30-day public comment period. After
                                                                                                                                                         reviewing the comments, EPA has
                                           BILLING CODE 4000–01–P                                  I. What is the background for this action?            determined that the comments are
                                                                                                   II. What comments were received in response
                                                                                                                                                         outside the scope of our proposed action
                                                                                                        to the EPA’s proposed action?
                                                                                                   III. What action is the EPA taking?                   or fail to identify any material issue
                                           ENVIRONMENTAL PROTECTION                                                                                      necessitating a response. None of the
                                           AGENCY                                                  IV. Statutory and Executive Order Reviews
                                                                                                                                                         comments raise issues germane to the
                                                                                                   I. What is the background for this                    EPA’s proposed action. For this reason,
                                           40 CFR Part 52                                          action?                                               the EPA will not provide a specific
                                           [EPA–R02–OAR–2018–0237; FRL–9981–                         Under sections 110(a)(1) and (2) of the             response to the comments. The
                                           83—Region 2]                                            Clean Air Act (CAA), each state is                    comments may be viewed under Docket
                                                                                                   required to submit a State                            ID Number EPA–R02–OAR–2018–0237
                                           Approval of Air Quality Implementation                                                                        on the http://www.regulations.gov
                                           Plans; New Jersey; Infrastructure                       Implementation Plan (SIP) that provides
                                                                                                   for the implementation, maintenance,                  website.
                                           Requirements for the 2012 PM2.5
                                           NAAQS; Interstate Transport                             and enforcement of a revised primary or               III. What action is EPA taking?
                                           Provisions                                              secondary National Ambient Air Quality
                                                                                                   Standards (NAAQS or standard). CAA                       EPA is approving the portion of New
                                           AGENCY:  Environmental Protection                       sections 110(a)(1) and (2) require each               Jersey’s October 17, 2014 infrastructure
                                           Agency (EPA).                                           state to make a new SIP submission                    SIP submission addressing the interstate
                                           ACTION: Final rule.                                     within three years after the EPA                      transport provisions for the 2012 PM2.5
                                                                                                   promulgates a new or revised NAAQS                    NAAQS under CAA section
                                           SUMMARY:   The Environmental Protection                 for approval into the existing federally-             110(a)(2)(D)(i)(I).
                                           Agency (EPA) is approving elements of                   approved SIP to assure that the SIP                      EPA will address the requirements of
                                           the State Implementation Plan (SIP)                     meets the applicable requirements for                 CAA sections 110(a)(2)(D)(i)(I) for the
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                                           submission from New Jersey regarding                    such new and revised NAAQS.                           2008 lead, 2010 NO2, 2010 SO2, 2011
                                           the infrastructure requirements of                        On May 21, 2018 (83 FR 23402), EPA                  CO, and the 2006 PM10 NAAQS in a
                                           section 110 of the Clean Air Act (CAA)                  published a Notice of Proposed                        separate action at a later date. As noted
                                           for the 2012 annual fine particulate                    Rulemaking (NPR) in the Federal                       in the NPR, New Jersey withdrew the
                                           matter (PM2.5) National Ambient Air                     Register for the State of New Jersey. The             portion of its October 17, 2014 SIP
                                           Quality Standard (NAAQS or standard).                   NPR proposed to approve elements of                   submission addressing 110(a)(2)(D)(i)(I)


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                                           40152               Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations

                                           with respect to the 2008 8-hour ozone                        • Does not have Federalism                         is published in the Federal Register.
                                           NAAQS.                                                    implications as specified in Executive                This action is not a ‘‘major rule’’ as
                                              EPA addressed interstate transport                     Order 13132 (64 FR 43255, August 10,                  defined by 5 U.S.C. 804(2).
                                           provisions concerning the Prevention of                   1999);                                                   Under section 307(b)(1) of the Clean
                                           Significant Deterioration (PSD)                              • Is not an economically significant               Air Act, petitions for judicial review of
                                           regulations and visibility protection                     regulatory action based on health or                  this action must be filed in the United
                                           (i.e., section 110(a)(2)(D)(i)(II)) for 2012              safety risks subject to Executive Order               States Court of Appeals for the
                                           PM2.5, 2008 ozone, 2008 lead, 2010 NO2,                   13045 (62 FR 19885, April 23, 1997);                  appropriate circuit by October 15, 2018.
                                           2010 SO2, 2011 CO, and the 2006 PM10                         • Is not a significant regulatory action           Filing a petition for reconsideration by
                                           NAAQS) on September 19, 2016.1                            subject to Executive Order 13211 (66 FR               the Administrator of this final rule does
                                                                                                     28355, May 22, 2001);                                 not affect the finality of this action for
                                           IV. Statutory and Executive Order                            • Is not subject to requirements of                the purposes of judicial review nor does
                                           Reviews                                                   section 12(d) of the National                         it extend the time within which a
                                              Under the Clean Air Act, the                           Technology Transfer and Advancement                   petition for judicial review may be filed,
                                           Administrator is required to approve a                    Act of 1995 (15 U.S.C. 272 note) because              and shall not postpone the effectiveness
                                           SIP submission that complies with the                     application of those requirements would               of such rule or action. This action may
                                           provisions of the Act and applicable                      be inconsistent with the Clean Air Act;               not be challenged later in proceedings to
                                           Federal regulations. 42 U.S.C. 7410(k);                   and                                                   enforce its requirements. (See section
                                           40 CFR 52.02(a). Thus, in reviewing SIP                      • Does not provide EPA with the                    307(b)(2)).
                                           submissions, EPA’s role is to approve                     discretionary authority to address, as
                                                                                                     appropriate, disproportionate human                   List of Subjects in 40 CFR Part 52
                                           state choices, provided that they meet
                                           the criteria of the Clean Air Act.                        health or environmental effects, using                  Environmental protection, Air
                                           Accordingly, this action merely                           practicable and legally permissible                   pollution control, Incorporation by
                                           approves state law as meeting Federal                     methods, under Executive Order 12898                  reference, Intergovernmental relations,
                                           requirements and does not impose                          (59 FR 7629, February 16, 1994).                      Particulate matter, Reporting and
                                                                                                        In addition, the SIP is not approved               recordkeeping requirements.
                                           additional requirements beyond those
                                                                                                     to apply on any Indian reservation land
                                           imposed by state law. For that reason,                                                                              Authority: 42 U.S.C. 7401 et seq.
                                                                                                     or in any other area where EPA or an
                                           this action:
                                                                                                     Indian tribe has demonstrated that a                    Dated: July 25, 2018.
                                              • Is not a significant regulatory action               tribe has jurisdiction. In those areas of             Peter D. Lopez,
                                           subject to review by the Office of                        Indian country, the rule does not have                Regional Administrator, Region 2.
                                           Management and Budget under                               tribal implications and will not impose
                                           Executive Orders 12866 (58 FR 51735,                      substantial direct costs on tribal                        40 CFR part 52 is amended as follows:
                                           October 4, 1993) and 13563 (76 FR 3821,                   governments or preempt tribal law as
                                           January 21, 2011);                                                                                              PART 52—APPROVAL AND
                                                                                                     specified by Executive Order 13175 (65                PROMULGATION OF
                                              • Is not an Executive Order 13771 (82                  FR 67249, November 9, 2000).
                                           FR 9339, February 2, 2017) regulatory                                                                           IMPLEMENTATION PLANS
                                                                                                        The Congressional Review Act, 5
                                           action because SIP approvals are                          U.S.C. 801 et seq., as added by the Small             ■ 1. The authority citation for part 52
                                           exempted under Executive Order 12866;                     Business Regulatory Enforcement                       continues to read as follows:
                                              • Does not impose an information                       Fairness Act of 1996, generally provides
                                           collection burden under the provisions                                                                              Authority: 42 U.S.C. 7401 et seq.
                                                                                                     that before a rule may take effect, the
                                           of the Paperwork Reduction Act (44                        agency promulgating the rule must                     Subpart FF—New Jersey
                                           U.S.C. 3501 et seq.);                                     submit a rule report, which includes a
                                              • Is certified as not having a                         copy of the rule, to each House of the                ■ 2. In § 52.1570, the table in paragraph
                                           significant economic impact on a                          Congress and to the Comptroller General               (e) is amended by adding the entry ‘‘NJ
                                           substantial number of small entities                      of the United States. EPA will submit a               Infrastructure SIP for the 2012 PM2.5
                                           under the Regulatory Flexibility Act (5                   report containing this action and other               NAAQS; Interstate Transport
                                           U.S.C. 601 et seq.);                                      required information to the U.S. Senate,              Provisions’’ at the end of the table to
                                              • Does not contain any unfunded                        the U.S. House of Representatives, and                read as follows:
                                           mandate or significantly or uniquely                      the Comptroller General of the United
                                           affect small governments, as described                    States prior to publication of the rule in            § 52.1570    Identification of plan.
                                           in the Unfunded Mandates Reform Act                       the Federal Register. A major rule                    *       *    *      *     *
                                           of 1995 (Pub. L. 104–4);                                  cannot take effect until 60 days after it                 (e) * * *

                                                                    EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                                  Applicable                New Jersey
                                                     SIP element                geographic or                                        EPA approval date                          Explanation
                                                                                                           submittal date
                                                                              nonattainment area


                                                     *                        *                        *                  *                    *                           *                   *
                                           NJ Infrastructure SIP for          State-wide ............. October 17, 2014 .. August 14, 2018, [insert             This action addresses the following CAA
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                                             the 2012 PM2.5 NAAQS;                                                           Federal Register cita-               elements: 110(a)(2)(D)(i)(I) prongs 1
                                             Interstate Transport Pro-                                                       tion].                               and 2.
                                             visions.




                                             1 81   FR 64070 (September 19, 2016).



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                                                             Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations                                                    40153

                                           ■ 3. In § 52.1586, paragraph (b)(1) is                  New York State Department of                             This negative declaration certifies that
                                           amended by adding a sentence at the                     Environmental Conservation for the                       CISWI units subject to sections 111(d)
                                           end of the paragraph to read as follows:                2008 NAAQS for ozone are adequate for                    and 129 of the CAA do not exist within
                                                                                                   transportation conformity purposes for                   the jurisdiction of the United States
                                           § 52.1586 Section 110(a)(2) infrastructure              the New York portions of the New York-                   Virgin Islands. The EPA is accepting the
                                           requirements.
                                                                                                   Northern New Jersey-Long Island, NY-                     negative declaration in accordance with
                                           *     *    *     *      *                               NJ-CT 8-hour ozone nonattainment area.                   the requirements of the CAA.
                                             (b) * * *                                             In this document, EPA erroneously                        DATES: This final rule is effective on
                                             (1) * * * Submittal from New Jersey
                                                                                                   listed the 2017 MVEB units as tons per                   September 13, 2018.
                                           dated October 17, 2014 to address the
                                                                                                   year. The actual 2017 MVEB units are                     FOR FURTHER INFORMATION CONTACT:
                                           CAA infrastructure requirements of
                                                                                                   tons per day. Therefore, the table is                    Edward J. Linky, Environmental
                                           section 110(a)(2) for the 2012 PM2.5 is
                                                                                                   being corrected to list the correct units.               Protection Agency, Air Programs
                                           approved for (D)(i)(I).
                                                                                                   Correction                                               Branch, 290 Broadway, New York, New
                                           *     *    *     *      *                                                                                        York 10007–1866 at 212–637–3764 or
                                           [FR Doc. 2018–17361 Filed 8–13–18; 8:45 am]               In the notification of adequacy                        by email at Linky.Edward@epa.gov.
                                           BILLING CODE 6560–50–P                                  published in the Federal Register on                     SUPPLEMENTARY INFORMATION:
                                                                                                   June 8, 2018 (83 FR 26597), on page                      Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                   26598, in the second column, the table:                  or ‘‘our’’ refer to the EPA. This section
                                           ENVIRONMENTAL PROTECTION
                                           AGENCY                                                                                                           provides additional information by
                                                                                                       TABLE 1—2017 MOTOR VEHICLE                           addressing the following:
                                           40 CFR Part 52                                             EMISSIONS BUDGETS FOR NYMTC
                                                                                                                                                            I. Background
                                                                                                                        [Tons per year]                     II. What comments were received in response
                                           [Docket No. EPA–R02–OAR–2018–0197;
                                           FRL–9981–63—Region 2]                                                                                                 to the EPA’s proposed rule?
                                                                                                           Year                   VOC            NOX        III. What action is EPA taking today?
                                                                                                                                                            IV. Statutory and Executive Order Reviews
                                           Adequacy Status of Motor Vehicle                        2017 ..................     65.69            117.21
                                           Emissions Budgets for the New York                                                                               I. Background
                                           Portion of the New York-Northern New                    is corrected to read:                                       The Clean Air Act (CAA) requires that
                                           Jersey-Long Island, NY-NJ-CT, 2008 8-                                                                            state 1 regulatory agencies implement
                                           Hour Ozone Nonattainment Area;                              TABLE 1—2017 MOTOR VEHICLE                           the emission guidelines and compliance
                                           Correction                                                 EMISSIONS BUDGETS FOR NYMTC                           times using a state plan developed
                                           AGENCY:  Environmental Protection                                            [Tons per day]                      under sections 111(d) and 129 of the
                                           Agency (EPA).                                                                                                    CAA.
                                           ACTION: Notification of adequacy;                               Year                   VOC            NOX           The general provisions for the
                                           correction.                                                                                                      submittal and approval of state plans are
                                                                                                   2017 ..................     65.69            117.21      codified in 40 CFR part 60, subpart B
                                           SUMMARY:   This document corrects an                                                                             and 40 CFR part 62, subpart A. Section
                                           error in the table posted in the June 8,                  Authority: 42 U.S.C. 7401–7671 q.                      111(d) establishes general requirements
                                           2018, notification of adequacy of the                                                                            and procedures on state plan submittals
                                                                                                     Dated: July 20, 2018.
                                           motor vehicle emission budgets (MVEB)                                                                            for the control of designated pollutants.
                                                                                                   Peter D. Lopez,                                             Section 129 requires emission
                                           for the New York portions of the New
                                           York-Northern New Jersey-Long Island,                   Regional Administrator, Region 2.                        guidelines to be promulgated for all
                                           NY-NJ-CT 8-hour ozone nonattainment                     [FR Doc. 2018–17369 Filed 8–13–18; 8:45 am]              categories of solid waste incineration
                                           area. The MVEBs were submitted by                       BILLING CODE 6560–50–P                                   units, including commercial and
                                           New York State Department of                                                                                     industrial solid waste incineration
                                           Environmental Conservation as part of                                                                            (CISWI) units. A CISWI unit is defined,
                                           the SIP revision for the area’s 2008 8-                 ENVIRONMENTAL PROTECTION                                 in general, as ‘‘any distinct operating
                                           hour ozone nonattainment area. The                      AGENCY                                                   unit of any commercial or industrial
                                           MVEB budget table in the original post                                                                           facility that combusts, or has combusted
                                                                                                   40 CFR Part 62                                           in the preceding 6 months, any solid
                                           listed incorrect units for the actual
                                           MVEBs. The Environmental Protection                     [EPA–R02–OAR–2018–0712; FRL–9981–                        waste as that term is defined at 40 CFR
                                           Agency (EPA), therefore, is correcting                  99—Region 2]                                             241.’’ See 40 CFR 60.2875. Section 129
                                           the table to show the correct units.                                                                             mandates that all plan requirements be
                                           DATES: This correction is effective on                  Approval and Promulgation of State                       at least as protective as the promulgated
                                           August 14, 2018.                                        Plans for Designated Facilities and                      emission guidelines. This includes fixed
                                                                                                   Pollutants; United States Virgin                         final compliance dates, fixed
                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   Islands; Commercial and Industrial                       compliance schedules, and Title V
                                           Hannah Greenberg, Environmental
                                                                                                   Solid Waste Incineration Units                           permitting requirements for all affected
                                           Protection Agency Region 2, Air
                                           Programs Branch, 290 Broadway, 25th                                                                              sources. Section 129 also requires that
                                                                                                   AGENCY:  Environmental Protection
                                           Floor, New York, New York 10007–                                                                                 state plans be submitted to EPA within
                                                                                                   Agency (EPA).
                                           1866; (212) 637–3829,                                                                                            one year after EPA’s promulgation of the
                                                                                                   ACTION: Final rule.                                      emission guidelines and compliance
                                           greenberg.hannah@epa.gov.
amozie on DSK3GDR082PROD with RULES




                                                                                                   SUMMARY:   The Environmental Protection                  times.
                                           SUPPLEMENTARY INFORMATION: EPA
                                                                                                                                                               States have options other than
                                           published a notification of adequacy on                 Agency (EPA) is approving a Clean Air
                                                                                                                                                            submitting a state plan in order to fulfill
                                           June 8, 2018, (83 FR 26597) which                       Act (CAA) section 111(d)/129 negative
                                           found that the 2017 MVEBs for volatile                  declaration for the United States Virgin                    1 Section 302(d) of the CAA includes the United
                                           organic compounds (VOCs) and                            Islands, for Commercial and industrial                   States Virgin Islands in the definition of the term
                                           nitrogen oxides (NOX) submitted by the                  solid waste incineration (CISWI) units.                  ‘‘State.’’



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Document Created: 2018-08-14 02:18:18
Document Modified: 2018-08-14 02:18:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 13, 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 40151 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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