SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA.

Table of Contents

I. Background—What is the Periodic Emissions Inventory?

II. What are the criteria for approving the Periodic Inventory?

III. What action is the EPA proposing to take?

IV. Statutory and Executive Order Reviews

I. Background—What is the Periodic Emissions Inventory?

Section 182(a)(3) and 172(c)(3) of the Clean Air Act requires the periodic submission of emissions inventories for the SIP planning process to address the pollutants for the ozone, particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM_2.5) and carbon monoxide (CO) National Ambient Air Quality Standards. Identifying the calendar year gives certainty to states that require submission of the ozone, PM_2.5 and CO emission inventories periodically. These requirements allow the EPA, based on the states' progress in reducing emissions, to periodically reassess its policies and air quality standards and revise them as necessary. Most important, the ozone, PM_2.5 and CO inventories will be used to develop and assess new control strategies that the states may use in attainment demonstration SIPs for the new National Ambient Air Quality Standards for ozone and PM_2.5. The inventory may also serve as part of statewide inventories for purposes of regional modeling in transport areas. The inventory plays an important role in modeling demonstrations for areas classified as nonattainment and outside transport regions. In addition, 40 CFR 51.308(d)(4)(v) of EPA's Regional Haze Rule (RHR) requires the establishment of a statewide emissions inventory of pollutants that are reasonably anticipated to cause or contribute to visibility impairment in any mandatory Class I area.

New Jersey has areas that are classified as nonattainment for the 2008 8-hour ozone standard. See 77 FR 30088 (May 21, 2012) for the Southern New Jersey-Philadelphia area classified as Marginal ozone nonattainment, and 81 FR 26697 (May 4, 2016) for the Northern New Jersey-New York-Connecticut area classified as Moderate ozone nonattainment. Therefore, an ozone emissions inventory is needed for these areas for air quality program planning purposes. For Regional Haze, New Jersey has a Class I area within its borders: Brigantine Wilderness Area (Brigantine). Emissions from New Jersey's sources were also found to impact visibility at several other Class I areas: Acadia National Park and the Moosehorn Wilderness Area in Maine, the Great Gulf Wilderness Area and Presidential Range/Dry River Wilderness Area in New Hampshire, and the Lye Brook Wilderness Area in Vermont. See 76 FR 49711 (August 11, 2011). Therefore, an emissions inventory is needed for the Regional Haze air quality planning program effort.

The pollutants inventoried by New Jersey include volatile organic compounds (VOC), oxides of nitrogen (NO_X) and CO summertime daily and annual emissions for the ozone areas; and VOC, NO_X, PM_2.5, particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM₁₀), ammonia (NH₃) and sulfur dioxide (SO₂) annual emissions for the PM_2.5 and/or Regional Haze areas. For the reasons stated above, ideally EPA would therefore emphasize the importance and benefits of developing a comprehensive, current, and accurate ozone and PM_2.5 /Regional Haze emissions inventory (similar to the 1990 base year inventory effort). In this case, the 2011 calendar year has been selected as the inventory that will be used for planning purposes for ozone and PM_2.5 /Regional Haze areas.

II. What are the criteria for approving the Periodic Inventory?

On June 11, 2015, New Jersey submitted the 2011 ozone emissions inventory for the Northern New Jersey-New York-Connecticut and Southern New Jersey-Philadelphia ozone nonattainment areas and the 2011 emissions inventory for the PM_2.5 /Regional Haze areas and requested that EPA approve the emissions inventory SIP revision. This section describes EPA's rationale for proposing to approve the emissions inventory SIP revision. A more detailed discussion of the EPA's review and proposed action is found in the technical support document (TSD) available in the Docket for this action, and by contacting the individuals in the For Further Information Contact section.

There are specific components of an acceptable emission inventory. The emission inventory must meet certain minimum requirements for reporting each source category. Specifically, the source requirements are detailed below.

The review process, which is described in the accompanying TSD, is used to determine that all components of the base year inventory are present. This review also evaluates the level of supporting documentation provided by the state, assesses whether the emissions were developed according to current EPA guidance, and evaluates the quality of the data.

The review process is outlined here and consists of eight elements that the inventory must include. For an emissions inventory to be acceptable, it ( printed page 17168) must pass all of the following acceptance criteria:

1. Evidence that the inventory was quality assured by the state and its implementation documented;

2. The point source inventory was complete;

3. Point source emissions were prepared or calculated according to the current EPA guidance;

4. The area source inventory was complete;

5. The area source emissions were prepared or calculated according to the current EPA guidance;

6. Non-road mobile emissions were prepared according to the current EPA guidance for all of the source categories;

7. The method ( e.g., Highway Performance Monitoring System or a network transportation planning model) used to develop vehicle miles travelled (VMT) estimates follows the EPA guidance; and,

8. On-road mobile emissions were prepared according to the current EPA guidance.

Based on the EPA's review, New Jersey satisfies all of the EPA's requirements for purposes of providing a comprehensive, accurate, and current inventory of actual emissions for the ozone nonattainment and PM_2.5 /Regional Haze areas. A summary of the EPA's review is given below:

1. The Quality Assurance (QA) plan was implemented for all portions of the inventory. The QA plan included a QA/Quality control (QC) program for assessing data completeness and standard range checking. Critical data elements relative to the inventory sources were assessed for completeness. QA checks were performed relative to data collection and analysis, and double counting of emissions from point, area and mobile sources. QA/QC checks were conducted to ensure accuracy of units, unit conversions, transposition of figures, and calculations. The inventory is well documented. New Jersey provided documentation detailing the methods used to develop emissions estimates for each category. In addition, New Jersey identified the sources of data used in developing the inventory;

2. The point source emissions are complete and in accordance with the EPA guidance;

3. The point source emissions were prepared/calculated in accordance with the EPA guidance;

4. The area source emissions are complete and in accordance with the EPA guidance;

5. Area source emissions were prepared/calculated in accordance with the EPA guidance;

6. Emission estimates for the non-road mobile source categories are correctly based on the latest non-road mobile model or other appropriate guidance and prepared in accordance with the EPA guidance;

7. The method used to develop VMT estimates is in accordance with the EPA guidance and was adequately described and documented in the inventory report; and,

8. The latest Motor Vehicle Emission Simulator (MOVES) model was used in accordance with the EPA's guidance.

New Jersey's 2011 ozone and PM_2.5 /Regional Haze emission inventories have been developed in accordance with EPA guidance. Therefore, EPA is proposing to approve the emission inventories. A more detailed discussion of how the emission inventory was reviewed and the results of the review are presented in the TSD. Detailed emission inventory development procedures can be found in the following document: Emission Inventory Guidance for Implementation of Ozone and Particulate Matter NAAQS and Regional Haze Regulation, dated August 2005; Using MOVES to Prepare Emission Inventories in State Implementation Plans and Transportation Conformity: Technical Guidance for MOVES2010, 2010a and 2010b, April 2012.

Tables A-H below show the 2011 VOC, NO_X and CO summertime daily and annual emission inventories for the ozone nonattainment areas. Tables F, G and I-L, show the VOC, NO_X, PM_2.5, PM₁₀, SO₂, and NH₃ annual emissions for the PM_2.5 /Regional Haze areas.

III. What action is the EPA proposing to take?

The New Jersey emission inventory SIP revision will ensure that the requirements for emission inventory measures and reporting are adequately met. To comply with the emission inventory requirements, New Jersey submitted a complete inventory containing point, area, on-road, and non-road mobile source data, and accompanying documentation. EPA is proposing to approve the SIP revision submittal as meeting the essential reporting requirements for emissions inventories. EPA has also determined that the SIP revision meets the requirements for emission inventories in accordance with EPA guidance.

Therefore, EPA is proposing to approve a revision to the New Jersey SIP which pertains to the following: 2011 calendar year summer season daily and annual ozone precursor emissions emission inventories for VOC, NO_X and CO for the Northern New Jersey-New York-Connecticut and the Southern New Jersey-Philadelphia ozone nonattainment areas. In addition, the EPA is proposing to approve the 2011 calendar year PM_2.5 /Regional Haze emissions inventory that was developed statewide for New Jersey. The pollutants included in the inventory are annual emissions for VOC, NO_X, PM_2.5, PM₁₀, NH₃ and SO₂. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Region 2 Office by the method discussed in the ADDRESSES section of this action.

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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• 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); ( printed page 17174)
• Does not have Federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action.

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

82 FR 17166