[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64070-64072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0389; FRL-9952-41-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, and 2012 
PM2.5, 2006 PM10 and 2011 Carbon Monoxide NAAQS: Interstate Transport 
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving elements of a New Jersey State 
Implementation Plan (SIP) submittal pertaining to 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: This rule is effective on October 19, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0389. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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. Publicly available docket materials are available 
either electronically through http://www.regulations.gov or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional information.

[[Page 64071]]


FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212-637-3702, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', 
and ``our'' means EPA.

I. Background and Purpose
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements 
in New Jersey's infrastructure SIP submitted on October 17, 2014 to 
address applicable infrastructure requirements with respect to the 2008 
Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 
PM2.5, 2006 PM10 and 2011 CO NAAQS.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address. EPA 
commonly refers to such state plans as ``infrastructure SIPs.'' In 
particular, section 110(a)(2)(D)(i)(I) requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from contributing significantly to nonattainment of the 
NAAQS (commonly referred to as prong 1), or interfering with 
maintenance of the NAAQS (prong 2), in any another state. Section 
110(a)(2)(D)(i)(II) requires SIPs to 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.
    This rulemaking pertains only to the portion of the SIP submittal 
addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). On March 30, 
2016, New Jersey withdrew the portion of the 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.\1\ 
EPA will address the other portions of the October 17, 2014 
infrastructure SIP submittal in a separate action.
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    \1\ 81 FR 38963 (June 15, 2016).
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    EPA proposed action on the October 17, 2014 submittal on July 27, 
2016 (81 FR 49205). In that action, EPA proposed to disapprove the 
portions of New Jersey's October 17, 2014 SIP submission addressing 
prong 3 and proposed to approve the portions addressing prong 4 
regarding CAA section 110(a)(2)(D)(i) requirements. No comments were 
received on the proposal. The reader is referred to the July 27, 2016 
proposed rulemaking for a detailed discussion of New Jersey's submittal 
and EPA's review and proposed actions.

II. What action is EPA taking?

    EPA is approving the portion of the October 17, 2014 SIP submittal 
from New Jersey pertaining to the requirements of CAA section 
110(a)(2)(D)(i)(II) requirement for visibility (or prong 4) for the 
2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 
2012 p.m.2.5, 2006 p.m.10 and 2011 CO NAAQS.
    New Jersey has elected to comply with the Federal PSD requirements 
by accepting delegation of the Federal rules and has been successfully 
implementing this program for many years. However, EPA does not 
recognize a delegated PSD program as satisfying the Infrastructure SIP 
requirements. Therefore, EPA is disapproving New Jersey's submittal 
pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) 
requirement for PSD (or prong 3) for the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5, 2006 
p.m.10 and 2011 CO NAAQS. However, the disapprovals will not 
trigger any sanctions or additional Federal Implementation Plan 
obligation since a PSD Federal Implementation Plan is already in place.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final action is not a ``significant regulatory action'' under 
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) 
and was therefore not submitted to the Office of Management and Budget 
for review.

B. Paperwork Reduction Act (PRA)

    This final action does not impose an information collection burden 
under the PRA because it does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
rule does not impose any requirements or create impacts on small 
entities. This partial SIP approval and partial SIP disapproval under 
CAA section 110 will not in-and-of itself create any new requirements 
but simply approves and disapproves certain state requirements for 
inclusion into the SIP.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it merely partially approves and 
partially disapproves a SIP submittal from the State of New Jersey.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a

[[Page 64072]]

significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations because it does not affect the level of 
protection provided to human health or the environment. This action 
merely partially approves and partially disapproves a SIP submittal 
from the State of New Jersey.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to 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).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 18, 2016. 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 CAA section 307(b)(2)).

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, Volatile organic 
compounds.

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

    Dated: September 6, 2016.
Judith A. Enck,
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. Section 52.1586 is amended by adding paragraph (b) and adding and 
reserving paragraph (c) to read as follows:


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

* * * * *
    (b) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 
2006 PM10 and 2011 CO NAAQS--(1) Approval. Submittal from New Jersey 
dated October 17, 2014 to address the CAA infrastructure requirements 
of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 
NO2, 2010 SO2, 2012 PM2.5, 2006 
PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4 
(visibility).
    (2) Disapproval. Submittal from New Jersey dated October 17, 2014 
to address the CAA infrastructure requirements of section 110(a)(2) for 
the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 
SO2, 2012 PM2.5, 2006 PM10 and 2011 CO 
NAAQS is disapproved for (D)(i)(II) prong 3 (PSD program only). These 
requirements are being addressed by Sec.  52.1603 which has been 
delegated to New Jersey to implement.
    (c) [Reserved]


[FR Doc. 2016-22400 Filed 9-16-16; 8:45 am]
 BILLING CODE 6560-50-P