[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49205-49207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17710]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0389; FRL-9949-66-Region 2]


Partial Approval and Partial Disapproval of Air Quality 
Implementation Plans; NJ; Infrastructure SIP Requirements for 2008 
Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 
Carbon Monoxide, 2006 PM10, and 2012 PM2.5 NAAQS: 
Interstate Transport Provisions

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove elements of New Jersey's 
State Implementation Plan (SIP) revision submitted regarding the 
infrastructure requirements of section 110(a)(1) and (2) of the Clean 
Air Act (CAA) for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide 
(NO2), 2010 Sulfur Dioxide (SO2), 2011 Carbon 
Monoxide (CO), 2006 Particulate Matter of ten microns or less 
(PM10), and 2012 Particulate Matter of 2.5 microns or less 
(PM2.5) National Ambient Air Quality Standards (NAAQS). 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 relating to 
interstate transport provisions concerning the Prevention of 
Significant Deterioration of Air Quality (PSD) regulations, and 
visibility protection.

DATES: Comments must be received on or before August 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0389 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Environmental 
Protection Agency, 290 Broadway, 25th Floor, New York, NY 10007-1866, 
(212) 637-3702, or by email at [email protected].

SUPPLEMENTARY INFORMATION:
I. Background
II. EPA's Review
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit SIPs that provide for the implementation, maintenance and 
enforcement of a new or revised NAAQS within 3 years following the 
promulgation of a new or revised NAAQS. Section 110(a)(2) lists 
specific requirements that states must meet in these SIP submissions, 
as applicable. The EPA refers to this type of SIP submission as the 
``infrastructure'' SIP because the SIP ensures that states can 
implement, maintain and enforce the air standards. Within these 
requirements, section 110(a)(2)(D)(i) contains requirements to address 
interstate transport of NAAQS pollutants. A SIP revision submitted for 
this sub-section is referred to as an ``interstate transport SIP.'' 
Section 110(a)(2)(D)(i) contains two subsections: (D)(i)(I) and 
(D)(i)(II). Section 110(a)(2)(D)(i)(I) requires SIPs to contain 
adequate provisions to prohibit emissions from the state that will 
contribute significantly to nonattainment of the NAAQS in any other 
state (commonly referred to as prong 1), or interfere with maintenance 
of the NAAQS in any other state (prong 2). Section 110(a)(2)(D)(i)(II) 
requires that infrastructure SIPs include provisions prohibiting any 
source or other type of emissions activity in one state from 
interfering with measures required to prevent significant deterioration 
(PSD) of air quality (prong 3) and to protect visibility (prong 4) in 
another state.
    On March 12, 2008 (73 FR 16436 (March 27, 2008)), EPA promulgated a 
revised NAAQS for ozone. EPA revised the level of the 8-hour ozone 
NAAQS from 0.08 parts per million (ppm) to 0.075 ppm.
    On October 15, 2008 (73 FR 66964 (Nov. 12, 2008)), EPA promulgated 
a new NAAQS, rolling 3-month average NAAQS for lead. The 2008 lead 
NAAQS is 0.15 micrograms per cubic meter of air ([micro]g/m\3\) maximum 
(not-to-be-exceeded). On January 22, 2010 (75 FR 6474 (Feb. 9, 2010)), 
EPA promulgated a new 1-hour primary NAAQS for NO2 at a 
level of 100 parts per billion (ppb), based on a 3-year average of the 
98th percentile of the yearly distribution of 1-hour daily maximum 
concentrations. On June 2, 2010 (75 FR 35520 (June 22, 2010)), EPA 
promulgated a revised primary NAAQS for SO2 at a level of 75 
ppb, based on a 3-year average of the annual 99th percentile of 1-hour 
daily maximum concentrations. On December 14, 2012 (78 FR 3086 (Jan. 
15, 2013)), EPA promulgated a revised primary NAAQS for 
PM2.5 for the annual standard. The revised standard was set 
at the level of 12[micro]g/m\3\ calculated as an annual average, which 
is averaged over a three year period.
    On September 21, 2006 (71 FR 61144 (Oct. 17, 2006)), EPA retained 
the primary and secondary 24-hour PM10 standard of 150 
[micro]g/m\3\, not to be exceeded more than once per year on average 
over a 3-year period. The standard was initially promulgated on June 2, 
1987 (52 FR 24634 (July 1, 2006)). The PM10 standard was 
also retained on December 14, 2012 (78 FR 3086 (Jan. 15, 2013)). On 
August 31, 2011, EPA retained the existing primary and secondary 
standards for CO of 9 ppm as an 8-hour average, and 35 ppm as a 1-hour 
standard average, neither to be exceeded more than once per year. The 
standards were initially established on April 30, 1971 (36 FR 8186).
    On October 17, 2014 the New Jersey Department of Environmental 
Protection (NJDEP) submitted a revision to its SIP to address 
requirements under section 110(a)(2) of the CAA (the infrastructure 
requirements) related to the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 
Although not specifically required by 110(a)(1) since neither NAAQS was 
new or revised\1\, the SIP revision also included infrastructure 
requirements for the 2006 PM10 and 2011 CO NAAQS.
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    \1\ EPA notes that, when promulgated, the 2006 24-hour 
PM10 NAAQS and the 2011 primary CO NAAQS were neither 
``new'' nor ``revised'' NAAQS--they merely retained, without 
revision, prior NAAQS for those pollutants. Accordingly, 
promulgation of these NAAQS did not trigger a new obligation for New 
Jersey to make infrastructure SIP submissions.
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    The submittal addressed all four prongs of the interstate transport

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requirements. On March 30, 2016, New Jersey withdrew the portion of 
their submittal addressing 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 
2008 Ozone NAAQS. EPA subsequently issued a Finding of Failure to 
Submit to New Jersey.\2\
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    \2\ 81 FR 38963 (June 15, 2016).
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    This proposed action pertains only to the portion of the SIP 
submittal addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). EPA 
will address the other portions of the October 17, 2014 infrastructure 
SIP submittal in a separate action.

II. EPA's Review

    Under 110(a)(2)(D)(i)(II) (prong 3) SIPs are required to have 
provisions prohibiting emissions that would interfere with measures 
required to be in another state's SIP under part C of the CAA to 
prevent significant deterioration of air quality.
    New Jersey's SIP is not approved with respect to the PSD permit 
program required by Part C of the CAA. As a result, EPA's regulations 
at 40 CFR 52.21 have been incorporated into New Jersey's applicable 
state plan. New Jersey has been delegated authority by EPA to implement 
40 CFR 52.21. Although New Jersey has been successfully implementing 
the program, a state's infrastructure SIP submittal cannot be 
considered for approvability with respect to prong 3 until EPA has 
issued final approval of that state's PSD SIP, or, alternatively, has 
issued final approval of a SIP that EPA has otherwise found adequate to 
prohibit interference with other state's measures to prevent 
significant deterioration of air quality. Therefore, we are proposing 
to disapprove New Jersey's 110(a) submissions for the 2008 Lead, 2008 
Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006 
PM10, and 2012 PM2.5 NAAQS for prong 3 of 
110(a)(2)(D)(i)(II) because New Jersey is currently subject to a 
Federal Implementation Plan (FIP) and does not have a PSD SIP. This 
disapproval will not trigger any sanctions or additional FIP 
obligation, since the FIP is already in place. This action will have no 
discernible effect on the current implementation of the PSD program in 
New Jersey, as the State is already implementing a well-established PSD 
program through EPA delegation.
    In this action, EPA is proposing that, for the 2008 Lead, 2008 
Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006 
PM10, and 2012 PM2.5 NAAQS, New Jersey satisfies 
the 110(a)(2)(D)(i)(II) requirement for visibility (prong 4). New 
Jersey addresses visibility protection requirements for the 2008 Lead, 
2008 Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006 
PM10, and 2012 PM2.5 NAAQS through its Regional 
Haze SIP. EPA approved New Jersey's Regional Haze SIP submittal (77 FR 
19 (Jan. 3, 2012)) as part of New Jersey's SIP. The regional haze rule 
requires that a state participating in a regional planning process 
include all measures needed to achieve its apportionment of emission 
reduction obligations agreed upon through that process.
    In EPA's approval of New Jersey's Regional Haze Plan, EPA has 
determined that the plan contains emission reductions needed to achieve 
New Jersey's share of emission reductions that were determined to be 
reasonable through the regional planning process. Further, New Jersey's 
Regional Haze Plan ensures that emissions from the State will not 
interfere with the Reasonable Progress Goals for neighboring States' 
Class I areas.
    Thus, New Jersey's approved Regional Haze SIP ensures that 
emissions from sources within the State are not interfering with 
measures to protect visibility in other states.

III. What action is EPA taking?

    EPA is proposing to disapprove the portion of the October 17, 2014 
New Jersey SIP submittal for 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, 2011 CO, 2006 PM10, and 
2012 PM2.5 NAAQS pertaining to prong 3 CAA section 
110(a)(2)(D)(i)(II) regarding interstate transport of air pollution to 
prevent significant deterioration (PSD) of air quality in other states 
due to the State's lack of a state adopted PSD program. However, the 
disapproval will not trigger any sanctions or an additional FIP 
obligation since a PSD FIP is already in place.
    EPA is proposing approval of the portion of the October 17, 2014 
New Jersey SIP submittal for 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, 2011 CO, 2006 PM10, and 
2012 PM2.5 NAAQS pertaining to the CAA section 
110(a)(2)(D)(i)(II) requirement for visibility (or prong 4).
    EPA is soliciting public comments on the issues discussed in this 
proposal. These comments will be considered before EPA takes final 
action. Interested parties may participate in the Federal rulemaking 
procedure by following the directions in the ADDRESSES section of this 
Federal Register.

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 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 (Public Law 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, this rule does not have tribal implications as specified 
by Executive Order 13175, because the SIP is not approved to apply in 
Indian country located in the state, and 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.

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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Carbon monoxide, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur Dioxide, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 18, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-17710 Filed 7-26-16; 8:45 am]
 BILLING CODE 6560-50-P