83 FR 50506 - Approval and Promulgation of Implementation Plans; New Jersey; Elements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range		50506-50509
FR Document		2018-21465

The Environmental Protection Agency (EPA) is approving several State Implementation Plan (SIP) revisions submitted by the State of New Jersey for purposes of implementing Reasonably Available Control Technology (RACT) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EPA is approving New Jersey's SIP revision for the control and prohibition of air pollution by volatile organic compounds (VOCs) and control and prohibition of air pollution by oxides of nitrogen (NO<INF>X</INF>), as they are intended to satisfy certain control technique guideline (CTG) and NO<INF>X</INF> RACT categories. The EPA is approving New Jersey's certification that there are no sources within the State for the following CTGs: Manufacture of Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture Coatings; Large Appliance Coatings; and Auto and Light Duty Truck Original Equipment Manufacturer Assembly Coatings. In addition, the EPA is approving New Jersey's RACT SIP as it applies to non-CTG major sources of VOCs and major sources of NO<INF>X</INF>. The EPA is also approving the portions of the comprehensive SIP revision submitted by New Jersey that certify that the State has satisfied the requirements for an enhanced motor vehicle Inspection and Maintenance program, certify that the State has satisfied the requirements for an emission statement program, certify that the State has satisfied the requirements for an ozone specific provisions nonattainment new source review program, and show the State has adopted all NO<INF>X</INF> RACT and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act.

Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018)

[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50506-50509]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-21465]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0549, FRL-9984-58-Region 2]

Approval and Promulgation of Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

[[Page 50507]]

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several
State Implementation Plan (SIP) revisions submitted by the State of New
Jersey for purposes of implementing Reasonably Available Control
Technology (RACT) for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS). The EPA is approving New Jersey's SIP
revision for the control and prohibition of air pollution by volatile
organic compounds (VOCs) and control and prohibition of air pollution
by oxides of nitrogen (NOX), as they are intended to satisfy
certain control technique guideline (CTG) and NOX RACT
categories. The EPA is approving New Jersey's certification that there
are no sources within the State for the following CTGs: Manufacture of
Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA
is approving New Jersey's RACT SIP as it applies to non-CTG major
sources of VOCs and major sources of NOX. The EPA is also
approving the portions of the comprehensive SIP revision submitted by
New Jersey that certify that the State has satisfied the requirements
for an enhanced motor vehicle Inspection and Maintenance program,
certify that the State has satisfied the requirements for an emission
statement program, certify that the State has satisfied the
requirements for an ozone specific provisions nonattainment new source
review program, and show the State has adopted all NOX RACT
and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These
actions are being taken in accordance with the requirements of the
Clean Air Act.

DATES: This final rule is effective on November 8, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0549. All documents in the docket are
listed on the https://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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
or by email at Hammad.Omar@epa.gov.

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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

On July 31, 2018 (83 FR 36816), the EPA published a Notice of
Proposed Rulemaking that proposed to approve the State of New Jersey's
State Implementation Plan (SIP) submittals,\1\ for purposes of
implementing Reasonably Available Control Technology (RACT) \2\ for the
2008 8-hour ozone National Ambient Air Quality Standard (NAAQS or
standard). The EPA proposed to approve New Jersey's June 11, 2015 SIP
submittal, showing that the State meets the RACT requirements for the
2008 8-hour ozone standards. The EPA proposed to approve New Jersey's
June 11, 2015 RACT SIP as it applies to non-CTG major sources of VOCs
and to major sources of NOX. The EPA also proposed to
approve the December 14, 2017 submittal, which established new limits
on NOX emissions from existing simple cycle combustion
turbines combusting natural gas and compressing gaseous fuel at major
NOX facilities and stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities and indicated that the RACT requirements for
the 2008 ozone NAAQS have been fulfilled for sources subject to the
following four CTGs: Industrial Cleaning Solvents (EPA 453/R-06-001);
Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous Metal
and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass Boat
Manufacturing Materials (EPA-453/R-08-004). The EPA also proposed to
approve the portion of New Jersey's SIP revision submitted on January
2, 2018, that certifies the State has satisfied the requirements for a
motor vehicle enhanced inspection and maintenance (I/M) program, an
emission statement program, an ozone specific provisions nonattainment
new source review (NNSR) program, and that the State has adopted all
applicable NOX RACT and VOC RACT.
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\1\ New Jersey's SIP submittals included; submittals with cover
letters dated June 11, 2015; November 30, 2017; and December 22,
2017.
\2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
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The specific details of New Jersey's SIP submittals and the
rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this final action. For this
detailed information, the reader is referred to the EPA's July 31, 2018
proposed rulemaking (83 FR 36816).

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

In response to the EPA's July 31, 2018 proposed rulemaking on New
Jersey's SIP submittals, the EPA received four comments during the 30-
day public comment period. The specific comments may be viewed under
Docket ID Number EPA-R02-OAR-2018-0549 on the https://www.regulations.gov website.
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. The comments do not raise
issues germane to EPA's proposed action. They do not explain (or
provide a legal basis for) how the proposed action should differ in any
way and make no specific mention of the proposed action. Since the
comments are not relevant to the specific action EPA proposed, EPA will
not provide a specific response to the comments.

III. What action is the EPA taking?

The EPA has evaluated New Jersey's SIP submittals and has
determined that they are consistent with the EPA's guidance documents
as well as the EPA's CTG and Alternative Control Technique (ACT)
documents and are fully approvable as SIP-strengthening measures for
New Jersey's ozone SIP. Specifically, EPA is approving New Jersey's
state-wide RACT submittal dated June 11, 2015 and the State's December
14, 2017 SIP revision rule, which include a declaration that the
following source-specific categories either do not exist in this State,
or fall below significant emission unit applicability thresholds in the
CTGs: (1) Manufacture of Vegetable Oils; (2) Manufacture of Pneumatic
Rubber Tires; (3) Aerospace Coatings; (4) Shipbuilding and Ship Repair
Operations; (5) Metal

[[Page 50508]]

Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly
Coatings. The submittals also include amendments to N.J.A.C. 7:27,
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air
Pollution by Oxides of Nitrogen,'' \3\ for purposes of satisfying the
2008 8-hour ozone standard RACT requirements, NOx RACT for major
sources, Non-CTG VOC RACT for major sources, all VOC CTG RACT sources
and relevant OTR RACT requirements. The EPA is also approving portions
of New Jersey's January 2, 2018 SIP revision \4\ that certifies the
State has satisfied the requirements for an enhanced motor vehicle I/M
program, an emission statement program, and ozone specific provisions
NNSR program.
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\3\ State Effective dates for both rules is November 6, 2017 (49
N.J.R. 3518).
\4\ The EPA will act on the remainder of New Jersey's January 2,
2018 SIP revision submittal, including the attainment
demonstrations, Reasonable Further Progress (RFP) requirements and
other portions at a later date.
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IV. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of revisions to
portions of Title 7, Chapter 27: Subchapter 16 and 19 of the New Jersey
Administrative Code that implement New Jersey's Control and Prohibition
of Air Pollution by Volatile Organic Compounds and Control and
Prohibition of Air Pollution from Oxides of Nitrogen, as described in
section III of this preamble.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 2 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\5\
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\5\ 62 FR 27968 (May 22, 1997).
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V. 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 December 10, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Dated: September 11, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

[[Page 50509]]

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

Subpart FF--New Jersey

0
2. In Sec. 52.1570:
0
a. The table in paragraph (c) is amended by revising the entries for
``Title 7, Chapter 27, Subchapter 16'' and ``Title 7, Chapter 27,
Subchapter 19''; and
0
b. The table in paragraph (e) is amended by adding the entries for
``2008 8-hour Ozone RACT analysis'', ``2008 8-hour Ozone Nonattainment
New Source Review Requirements'', ``2008 8-hour Ozone Nonattainment
Emission Statement Program Certification'' and ``2008 8-hour Ozone
Nonattainment Motor Vehicle Enhanced Inspection and Maintenance (I/M)
Program Certification'' at the end of the table.
The revisions and additions read as follows:

Sec. 52.1570 Identification of plan.

* * * * *
(c) * * *

EPA-Approved New Jersey State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Title 7, Chapter 27, Control and November 6, 2017......... October 9, ....................
Subchapter 16. Prohibition of 2018, Insert
Air Pollution Federal
by Volatile Register
Organic citation].
Compounds.

* * * * * * *
Title 7, Chapter 27, Control and November 6, 2017......... October 9, Subchapter 19 is
Subchapter 19. Prohibition of 2018, Insert approved into the
Air Pollution Federal SIP except for the
from Oxides of Register following
Nitrogen. citation]. provisions: (1)
Phased compliance
plan through
repowering in
Section 19.21 that
allows for
implementation
beyond May 1, 1999;
and (2) phased
compliance plan
through the use of
innovative control
technology in
Section 19.23 that
allows for
implementation
beyond May 1, 1999.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
(e) * * *

EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey submittal date EPA approval Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2008 8-hour Ozone RACT Statewide........... June 11, 2015 and January October 9, Full
Analysis. 2, 2018. 2018, Insert approval.
Federal Includes CTGs,
Register NOX RACT for
citation]. major sources
and non-CTG
RACT sources.
2008 8-hour Ozone Specific Statewide........... January 2, 2018.......... October 9, Full
Nonattainment New Source 2018, Insert approval.
Review Requirements. Federal
Register
citation].
2008 8-hour Ozone Statewide........... January 2, 2018.......... October 9, Full
Nonattainment Emission 2018, Insert approval.
Statement Program Federal
Certification. Register
citation].
2008 8-hour Ozone Statewide........... January 2, 2018.......... October 9, Full
Nonattainment Motor Vehicle 2018, Insert approval.
Enhanced Inspection and Federal
Maintenance (I/M) Program Register
Certification. citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-21465 Filed 10-5-18; 8:45 am]
BILLING CODE 6560-50-P

50506 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations

(1) No person or vessel may enter or Street Reform and Consumer Protection On May 24, 2018, section 309 of
remain in this safety zone without the Act (the Dodd-Frank Act). This Economic Growth, Regulatory Relief,
permission of the Captain of the Port document informs the public that VA and Consumer Protection Act (Pub. L.
(COTP) Northern New England or the will not be publishing a final rule to 115–174) superseded certain elements
COTP’s designated representative. adopt the provisions in the interim final of the IFR. The law’s seasoning and
However, any vessel that is granted rule that published on May 9, 2014. recoupment requirements for IRRRLs
permission to enter or remain in this However, VA will be publishing a effectively eliminated the category of
zone by the COTP or the COTP’s separate regulation in the near future rebuttable presumption QM. Section
designated representative must proceed that will supersede the provisions in the 309 also imposed other requirements
through the zone with caution and interim final rule that published on May that, while not in conflict with the IFR,
operate at a speed no faster than that 9, 2014. were not contemplated at the time of the
speed necessary to maintain a safe DATES: This document is effective IFR’s publication. Consequently, rather
course, unless otherwise required by the October 9, 2018. than finalizing the IFR, VA will need to
Navigation Rules. FOR FURTHER INFORMATION CONTACT: Greg revise its qualified mortgage criteria in
(2) Any person or vessel permitted to Nelms, Assistant Director (26), Veterans a future rulemaking. VA will in its
enter the safety zone shall comply with Benefits Administration, Department of future rulemaking take into account the
the directions and orders of the COTP Veterans Affairs, 810 Vermont Avenue spirit of the comments submitted in
or the COTP’s designated representative. NW, Washington, DC 20420, (202) 632– response to the IFR. Until such future
Upon being hailed by a U.S. Coast 8795. (This is not a toll-free number.) rulemaking is final, the IFR remains in
Guard vessel by siren, radio, flashing SUPPLEMENTARY INFORMATION: On May 9, effect. To the extent any provision of the
lights, or other means, the operator of a 2014, VA published in the Federal IFR conflicts with or is superseded by
vessel within the zone shall proceed as Register (79 FR 26620) its interim final Public Law 115–174, Public Law 115–
directed. Any person or vessel within rule (IFR) pursuant to the Dodd-Frank 174 controls.
the safety zone shall exit the zone when Act, Public Law 111–203, 124 Stat. 1376 On May 25, 2018, VA released a
directed by the COTP or the COTP’s (2010). Among other things, the Dodd- policy guidance update in Circular 26–
designated representative. Frank Act established many reforms to 18–13 to inform program participants
(3) To obtain permission required by Federal oversight of residential about the impact of Public Law 115–174
this regulation, individuals may reach mortgage lending, including a on VA home loan financing. Loan
the COTP or the COTP’s designated requirement that lenders be able to applications taken on or after May 25,
representative via Channel 16 (VHF– demonstrate that, at the time a mortgage 2018 must meet the requirements of the
FM) or (207)741–5465 (Sector Northern loan is made to a borrower, the borrower new law to be eligible for guaranty by
New England Command Center). is reasonably able to repay the mortgage the VA.
(e) Penalties. Those who violate this loan. Public Law 111–203, sec. 1411 Signing Authority
section are subject to the penalties set (codified at 15 U.S.C. 1639c). Such
forth in 33 U.S.C. 1232. The Secretary of Veterans Affairs
mortgage loans are referred to generally
(f) Notification. Coast Guard Sector approved this document and authorized
as qualified mortgages (QMs).
Northern New England will give notice VA specified in the IFR that almost all the undersigned to sign and submit the
through the Local Notice to Mariners VA loans meeting VA’s underwriting document to the Office of the Federal
and Broadcast Notice to Mariners for the standards would be considered safe Register for publication electronically as
purpose of enforcement of temporary harbor QMs. 79 FR 26622–26623. The an official document of the Department
safety zone. loans that would not be considered safe of Veterans Affairs. Robert L. Wilkie,
Dated: September 17, 2018. harbor QMs would be certain Interest Secretary, Department of Veterans
Rate Reduction Refinance Loans Affairs, approved this document on
B.G. LeFebvre,
(IRRRLs), specifically those meeting the September 26, 2018, for publication.
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England. requirements for guaranty but failing to Dated: September 26, 2018.
[FR Doc. 2018–21867 Filed 10–5–18; 8:45 am] meet IRRRL-specific seasoning and Jeffrey M. Martin,
BILLING CODE 9110–04–P recoupment requirements for safe Impact Analyst, Office of Regulation Policy
harbor protections. While these types of & Management, Office of the Secretary,
IRRRLs could still be deemed QMs, they Department of Veterans Affairs.
DEPARTMENT OF VETERANS would receive the designation of [FR Doc. 2018–21370 Filed 10–4–18; 4:15 pm]
AFFAIRS rebuttable presumption QM rather than BILLING CODE 8320–01–P
safe harbor QM. 79 FR 26624. VA also
38 CFR Part 36 specified income verification
requirements for IRRRLs. Id. ENVIRONMENTAL PROTECTION
RIN 2900–AO65 VA received a total of 22 comments AGENCY
on the IFR. Most of the commenters
Loan Guaranty: Ability-to-Repay
were industry participants in the VA 40 CFR Part 52
Standards and Qualified Mortgage
Home Loan program or representatives
Definition Under the Truth-in-Lending [EPA–R02–OAR–2018–0549, FRL–9984–58–
of the lending community. A few
Act Region 2]
individuals also commented. No
AGENCY: Department of Veterans Affairs. comments were received from veterans’ Approval and Promulgation of
service organizations or veterans
amozie on DSK3GDR082PROD with RULES

ACTION: Agency determination; status of Implementation Plans; New Jersey;
interim final rule. expressing concerns about the use of Elements for the 2008 8-Hour Ozone
their VA home loan benefit. Most National Ambient Air Quality
SUMMARY: The Department of Veterans commenters sought clarification of the Standards
Affairs (VA) published an interim final IFR. Several commenters were fully
rule on May 9, 2014, implementing supportive of the rule. VA appreciates AGENCY: Environmental Protection
provisions of the Dodd-Frank Wall the comments received on the IFR. Agency (EPA).

VerDate Sep<11>2014 17:30 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\09OCR1.SGM 09OCR1

Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations 50507

ACTION: Final rule. available electronically through https:// approve the portion of New Jersey’s SIP
www.regulations.gov. revision submitted on January 2, 2018,
SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: that certifies the State has satisfied the
Agency (EPA) is approving several State Omar Hammad, Environmental requirements for a motor vehicle
Implementation Plan (SIP) revisions Protection Agency, 290 Broadway, New enhanced inspection and maintenance
submitted by the State of New Jersey for York, New York 10007–1866, at (212) (I/M) program, an emission statement
purposes of implementing Reasonably 637–3347, or by email at program, an ozone specific provisions
Available Control Technology (RACT) Hammad.Omar@epa.gov. nonattainment new source review
for the 2008 8-hour ozone National SUPPLEMENTARY INFORMATION: The (NNSR) program, and that the State has
Ambient Air Quality Standard SUPPLEMENTARY INFORMATION section is adopted all applicable NOX RACT and
(NAAQS). The EPA is approving New arranged as follows: VOC RACT.
Jersey’s SIP revision for the control and The specific details of New Jersey’s
Table of Contents SIP submittals and the rationale for the
prohibition of air pollution by volatile
organic compounds (VOCs) and control I. What is the background for this action? EPA’s approval action are explained in
and prohibition of air pollution by II. What comments were received in response the EPA’s proposed rulemaking and are
oxides of nitrogen (NOX), as they are to the EPA’s proposed action? not restated in this final action. For this
III. What action is the EPA taking? detailed information, the reader is
intended to satisfy certain control IV. Incorporation by Reference
technique guideline (CTG) and NOX referred to the EPA’s July 31, 2018
V. Statutory and Executive Order Reviews proposed rulemaking (83 FR 36816).
RACT categories. The EPA is approving
I. What is the background for this
New Jersey’s certification that there are II. What comments were received in
no sources within the State for the action? response to the EPA’s proposed action?
following CTGs: Manufacture of On July 31, 2018 (83 FR 36816), the In response to the EPA’s July 31, 2018
Vegetable Oils; Manufacture of EPA published a Notice of Proposed proposed rulemaking on New Jersey’s
Pneumatic Rubber Tires; Aerospace Rulemaking that proposed to approve SIP submittals, the EPA received four
Coatings; Shipbuilding and Ship Repair the State of New Jersey’s State comments during the 30-day public
Operations; Metal Furniture Coatings; Implementation Plan (SIP) submittals,1 comment period. The specific
Large Appliance Coatings; and Auto and for purposes of implementing comments may be viewed under Docket
Light Duty Truck Original Equipment Reasonably Available Control ID Number EPA–R02–OAR–2018–0549
Manufacturer Assembly Coatings. In Technology (RACT) 2 for the 2008 on the https://www.regulations.gov
addition, the EPA is approving New 8-hour ozone National Ambient Air website.
Jersey’s RACT SIP as it applies to non-Quality Standard (NAAQS or standard). After reviewing the comments, EPA
CTG major sources of VOCs and major The EPA proposed to approve New has determined that the comments are
sources of NOX. The EPA is also Jersey’s June 11, 2015 SIP submittal, outside the scope of our proposed action
approving the portions of the showing that the State meets the RACT or fail to identify any material issue
comprehensive SIP revision submitted requirements for the 2008 8-hour ozone necessitating a response. The comments
standards. The EPA proposed to
by New Jersey that certify that the State do not raise issues germane to EPA’s
has satisfied the requirements for an approve New Jersey’s June 11, 2015 proposed action. They do not explain
enhanced motor vehicle Inspection and RACT SIP as it applies to non-CTG (or provide a legal basis for) how the
Maintenance program, certify that the major sources of VOCs and to major proposed action should differ in any
sources of NOX. The EPA also proposed
State has satisfied the requirements for way and make no specific mention of
an emission statement program, certify to approve the December 14, 2017 the proposed action. Since the
that the State has satisfied the submittal, which established new limits comments are not relevant to the
requirements for an ozone specific on NOX emissions from existing simple specific action EPA proposed, EPA will
provisions nonattainment new source cycle combustion turbines combusting not provide a specific response to the
review program, and show the State has natural gas and compressing gaseous comments.
adopted all NOX RACT and VOC RACT, fuel at major NOX facilities and
as it pertains to the 2008 8-hour ozonestationary reciprocating engines III. What action is the EPA taking?
NAAQS. These actions are being taken combusting natural gas and compressing The EPA has evaluated New Jersey’s
in accordance with the requirements of gaseous fuel at major NOX facilities and SIP submittals and has determined that
the Clean Air Act. indicated that the RACT requirements they are consistent with the EPA’s
for the 2008 ozone NAAQS have been guidance documents as well as the
DATES: This final rule is effective on fulfilled for sources subject to the EPA’s CTG and Alternative Control
November 8, 2018. following four CTGs: Industrial Technique (ACT) documents and are
ADDRESSES: The EPA has established a Cleaning Solvents (EPA 453/R–06–001); fully approvable as SIP-strengthening
docket for this action under Docket ID Paper, Film, and Foil Coatings (EPA measures for New Jersey’s ozone SIP.
Number EPA–R02–OAR–2018–0549. All 453/R–07–003); Miscellaneous Metal Specifically, EPA is approving New
documents in the docket are listed on and Plastic Parts Coatings (EPA 453/R– Jersey’s state-wide RACT submittal
the https://www.regulations.gov 08–003); and Fiberglass Boat dated June 11, 2015 and the State’s
website. Although listed in the index, Manufacturing Materials (EPA–453/R– December 14, 2017 SIP revision rule,
some information is not publicly 08–004). The EPA also proposed to which include a declaration that the
available, e.g., Confidential Business 1 New Jersey’s SIP submittals included;
following source-specific categories
Information (CBI) or other information either do not exist in this State, or fall
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submittals with cover letters dated June 11, 2015;
whose disclosure is restricted by statute. November 30, 2017; and December 22, 2017. below significant emission unit
Certain other material, such as 2 The EPA has defined RACT as the lowest applicability thresholds in the CTGs: (1)
copyrighted material, is not placed on emission limitation that a particular source is Manufacture of Vegetable Oils; (2)
capable of meeting by the application of control
the internet and will be publicly technology that is reasonably available considering
Manufacture of Pneumatic Rubber Tires;
available only in hard copy form. technological and economic feasibility (44 FR (3) Aerospace Coatings; (4) Shipbuilding
Publicly available docket materials are 53762, September 17, 1979). and Ship Repair Operations; (5) Metal

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50508 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations

Furniture Coatings; (6) Large Appliance V. Statutory and Executive Order or in any other area where EPA or an
Coatings; and (7) Auto and Light Duty Reviews Indian tribe has demonstrated that a
Truck Original Equipment Manufacturer Under the Clean Air Act, the tribe has jurisdiction. In those areas of
(OEM) Assembly Coatings. The Administrator is required to approve a Indian country, the rule does not have
submittals also include amendments to SIP submission that complies with the tribal implications and will not impose
N.J.A.C. 7:27, Subchapter 16, ‘‘Control provisions of the Act and applicable substantial direct costs on tribal
and Prohibition of Air Pollution by Federal regulations. 42 U.S.C. 7410(k); governments or preempt tribal law as
Volatile Organic Compounds,’’ 40 CFR 52.02(a). Thus, in reviewing SIP specified by Executive Order 13175 (65
Subchapter 19, ‘‘Control and Prohibition submissions, EPA’s role is to approve FR 67249, November 9, 2000).
of Air Pollution by Oxides of The Congressional Review Act, 5
State choices, provided that they meet
U.S.C. 801 et seq., as added by the Small
Nitrogen,’’ 3 for purposes of satisfying the criteria of the Clean Air Act.
Business Regulatory Enforcement
the 2008 8-hour ozone standard RACT Accordingly, this action merely
Fairness Act of 1996, generally provides
requirements, NOx RACT for major approves State law as meeting Federal
that before a rule may take effect, the
sources, Non-CTG VOC RACT for major requirements and does not impose
agency promulgating the rule must
sources, all VOC CTG RACT sources additional requirements beyond those
submit a rule report, which includes a
and relevant OTR RACT requirements. imposed by State law. For that reason,
copy of the rule, to each House of the
The EPA is also approving portions of this action:
• Is not a significant regulatory action Congress and to the Comptroller General
New Jersey’s January 2, 2018 SIP of the United States. EPA will submit a
revision 4 that certifies the State has subject to review by the Office of
Management and Budget under report containing this action and other
satisfied the requirements for an required information to the U.S. Senate,
enhanced motor vehicle I/M program, Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, the U.S. House of Representatives, and
an emission statement program, and the Comptroller General of the United
January 21, 2011);
ozone specific provisions NNSR States prior to publication of the rule in
• Is not an Executive Order 13771 (82
program. FR 9339, February 2, 2017) regulatory the Federal Register. A major rule
action because SIP approvals are cannot take effect until 60 days after it
IV. Incorporation by Reference is published in the Federal Register.
exempted under Executive Order 12866;
In this rule, EPA is finalizing • Does not impose an information This action is not a ‘‘major rule’’ as
regulatory text that includes collection burden under the provisions defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
incorporation by reference. In of the Paperwork Reduction Act (44
Air Act, petitions for judicial review of
accordance with requirements of 1 CFR U.S.C. 3501 et seq.);
this action must be filed in the United
51.5, EPA is finalizing the incorporation • Is certified as not having a
States Court of Appeals for the
by reference of revisions to portions of significant economic impact on a
appropriate circuit by December 10,
Title 7, Chapter 27: Subchapter 16 and substantial number of small entities
2018. Filing a petition for
19 of the New Jersey Administrative under the Regulatory Flexibility Act (5
reconsideration by the Administrator of
Code that implement New Jersey’s U.S.C. 601 et seq.);
• Does not contain any unfunded this final rule does not affect the finality
Control and Prohibition of Air Pollution of this action for the purposes of judicial
by Volatile Organic Compounds and mandate or significantly or uniquely
affect small governments, as described review nor does it extend the time
Control and Prohibition of Air Pollution within which a petition for judicial
from Oxides of Nitrogen, as described in in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4); review may be filed, and shall not
section III of this preamble. postpone the effectiveness of such rule
• Does not have federalism
EPA has made, and will continue to implications as specified in Executive or action. This action may not be
make, these materials generally Order 13132 (64 FR 43255, August 10, challenged later in proceedings to
available through www.regulations.gov 1999); enforce its requirements. (See section
and at the EPA Region 2 Office (please • Is not an economically significant 307(b)(2).)
contact the person identified in the FOR regulatory action based on health or List of Subjects in 40 CFR Part 52
FURTHER INFORMATION CONTACT section of safety risks subject to Executive Order Environmental protection, Air
this preamble for more information). 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by
Therefore, these materials have been • Is not a significant regulatory action reference, Intergovernmental relations,
approved by EPA for inclusion in the subject to Executive Order 13211 (66 FR Nitrogen dioxide, Ozone, Reporting and
State implementation plan, have been 28355, May 22, 2001); recordkeeping requirements, Volatile
incorporated by reference by EPA into • Is not subject to requirements of organic compounds.
that plan, are fully federally enforceable section 12(d) of the National
Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq.
under sections 110 and 113 of the CAA
as of the effective date of the final Act of 1995 (15 U.S.C. 272 note) because Dated: September 11, 2018.
rulemaking of EPA’s approval, and will application of those requirements would Peter D. Lopez,
be incorporated by reference in the next be inconsistent with the Clean Air Act; Regional Administrator, Region 2.
and
update to the SIP compilation.5 Part 52, chapter I, title 40 of the Code
• Does not provide EPA with the
of Federal Regulations is amended as
discretionary authority to address, as
3 State Effective dates for both rules is November follows:
appropriate, disproportionate human
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6, 2017 (49 N.J.R. 3518).
4 The EPA will act on the remainder of New
health or environmental effects, using PART 52—APPROVAL AND
Jersey’s January 2, 2018 SIP revision submittal,
practicable and legally permissible PROMULGATION OF
including the attainment demonstrations, methods, under Executive Order 12898 IMPLEMENTATION PLANS
Reasonable Further Progress (RFP) requirements (59 FR 7629, February 16, 1994).
and other portions at a later date. In addition, the SIP is not approved ■ 1. The authority citation for part 52
5 62 FR 27968 (May 22, 1997). to apply on any Indian reservation land continues to read as follows:

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$Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations 50509 Authority: 42 U.S.C. 7401 et seq. ■ b. The table in paragraph (e) is Inspection and Maintenance (I/M) amended by adding the entries for Program Certification’’ at the end of the Subpart FF—New Jersey ‘‘2008 8-hour Ozone RACT analysis’’, table. ■ 2. In § 52.1570: ‘‘2008 8-hour Ozone Nonattainment The revisions and additions read as ■ a. The table in paragraph (c) is New Source Review Requirements’’, follows: amended by revising the entries for ‘‘2008 8-hour Ozone Nonattainment Emission Statement Program § 52.1570 Identification of plan. ‘‘Title 7, Chapter 27, Subchapter 16’’ and ‘‘Title 7, Chapter 27, Subchapter Certification’’ and ‘‘2008 8-hour Ozone * * * * * 19’’; and Nonattainment Motor Vehicle Enhanced (c) * * * EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS State State effective EPA approval Title/subject Comments citation date date * * * * * * * Title 7, Chapter 27, Control and Prohibi- November 6, 2017 .. October 9, 2018, In- Subchapter 16. tion of Air Pollution sert Federal Reg- by Volatile Organic ister citation]. Compounds. * * * * * * * Title 7, Chapter 27, Control and Prohibi- November 6, 2017 .. October 9, 2018, In- Subchapter 19 is approved into the SIP ex- Subchapter 19. tion of Air Pollution sert Federal Reg- cept for the following provisions: (1) from Oxides of Ni- ister citation]. Phased compliance plan through trogen. repowering in Section 19.21 that allows for implementation beyond May 1, 1999; and (2) phased compliance plan through the use of innovative control technology in Section 19.23 that allows for implementa- tion beyond May 1, 1999. * * * * * * * * * * * * (e) * * * EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS Applicable geographic or New Jersey EPA approval SIP element Explanation nonattainment submittal date date area * * * * * * * 2008 8-hour Ozone RACT Analysis ... Statewide .......... June 11, 2015 and October 9, 2018, In- • Full approval. Includes CTGs, NOX January 2, 2018. sert Federal Reg- RACT for major sources and non- ister citation]. CTG RACT sources. 2008 8-hour Ozone Specific Non- Statewide .......... January 2, 2018 ...... October 9, 2018, In- • Full approval. attainment New Source Review Re- sert Federal Reg- quirements. ister citation]. 2008 8-hour Ozone Nonattainment Statewide .......... January 2, 2018 ...... October 9, 2018, In- • Full approval. Emission Statement Program Cer- sert Federal Reg- tification. ister citation]. 2008 8-hour Ozone Nonattainment Statewide .......... January 2, 2018 ...... October 9, 2018, In- • Full approval. Motor Vehicle Enhanced Inspection sert Federal Reg- and Maintenance (I/M) Program ister citation]. Certification. [FR Doc. 2018–21465 Filed 10–5–18; 8:45 am] BILLING CODE 6560–50–P amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 17:30 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\09OCR1.SGM 09OCR1$

Document Created: 2018-10-06 00:58:26
Document Modified: 2018-10-06 00:58:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on November 8, 2018.
Contact		Omar Hammad, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, or by email at [email protected]
FR Citation		83 FR 50506
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds