[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Proposed Rules]
[Pages 35734-35738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15997]



[[Page 35734]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0413; FRL-9965-48-Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve New Jersey's regional haze progress report, submitted on June 
28, 2016, as a revision to its State Implementation Plan (SIP). New 
Jersey's SIP revision addresses requirements of the Clean Air Act and 
its implementing regulations that the State submit periodic reports 
describing progress toward reasonable progress goals established for 
regional haze and a determination of the adequacy of the State's 
existing regional haze SIP. New Jersey's progress report notes that New 
Jersey has implemented the measures in the regional haze SIP due to be 
in place by the date of the progress report and that visibility in 
federal Class I areas affected by emissions from New Jersey is 
improving and has already met the applicable reasonable progress goals 
for 2018. The EPA is proposing approval of New Jersey's determination 
that the State's regional haze SIP is adequate to meet these reasonable 
progress goals for the first implementation period, which extends 
through 2018, and requires no substantive revision at this time.

DATES: Comments must be received on or before August 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0413, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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: Robert F. Kelly, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. EPA's Evaluation of New Jersey's SIP Revision
    A. Regional Haze Progress Report
    B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision that evaluates progress towards the reasonable progress 
goals (RPGs) for each mandatory Class I federal area \1\ (Class I area) 
within the state and in each Class I area outside the state which may 
be affected by emissions from within the state. 40 CFR 51.308(g). In 
addition, the provisions of 40 CFR 51.308(h) require states to submit, 
at the same time as the 40 CFR 51.308(g) progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. The progress report SIP is due five years after submittal of the 
initial regional haze SIP. On July 28, 2009, New Jersey submitted the 
State's first regional haze SIP in accordance with 40 CFR 51.308.\2\
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    \1\ Areas designated as mandatory Class I federal areas consist 
of national parks exceeding 6,000 acres, wilderness areas and 
national memorial parks exceeding 5,000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81, subpart D.
    \2\ On January 3, 2012, at 77 FR 19, EPA approved New Jersey's 
regional haze SIP submittal addressing the requirements of the first 
implementation period for regional haze.
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    On June 28, 2016, New Jersey submitted as a revision to its SIP its 
progress report which detailed the progress made in the first planning 
period toward implementation of the Long Term Strategy (LTS) outlined 
in the 2009 regional haze SIP submittal, the visibility improvement 
measured at Class I areas affected by emissions from New Jersey, and a 
determination of the adequacy of the State's existing regional haze 
SIP. The EPA is proposing to approve New Jersey's June 28, 2016 SIP 
submittal.

II. EPA's Evaluation of New Jersey's SIP Revision

    New Jersey's report on progress made in the first implementation 
period toward reasonable progress goals for Class I areas affected by 
emissions from sources in New Jersey (also known as a regional haze 
five-year progress report or progress report) was submitted to the EPA 
as a SIP revision. New Jersey has one Class I area within its borders, 
the 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).
    Through the consultation process, New Jersey agreed to pursue the 
coordinated course of action agreed to by the Mid-Atlantic/Northeast 
Visibility Union (MANE-VU) \3\ to assure reasonable progress toward 
preventing any future, and remedying any existing, impairment of 
visibility in the mandatory Class I areas within the MANE-VU region. 
These strategies are commonly referred to as the MANE-VU ``ask.'' The 
MANE-VU ``ask'' includes: a timely implementation of best available 
retrofit technology (BART) requirements, 90 percent or more reduction 
in sulfur dioxide (SO2) emissions at 167 electric generating 
units (EGUs) ``stacks'' identified by MANE-VU (or comparable 
alternative measures), lower sulfur fuel oil (with limits specified for 
each state) and continued evaluation of other control measures.\4\ In 
summary, New Jersey is on track to fulfill the MANE-VU ``ask'' by 
meeting the deadlines for BART requirements, as of the date of the 
progress report, for all BART-eligible

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facilities described in the progress report, instituting 90 percent or 
more control at the four New Jersey units from the 167 EGUs identified 
by MANE-VU, and evaluating control measures including New Jersey's 
Mercury Rule, adoption of performance standards at all coal-fired 
boilers in New Jersey, adoption of the lower limits for sulfur in fuel 
oil and a variety of measures \5\ developed for other programs that 
support regional haze emission reduction goals.
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    \3\ MANE-VU is a collaborative effort of State governments, 
Tribal governments, and various federal agencies established to 
initiate and coordinate activities associated with the management of 
regional haze, visibility and other air quality issues in the 
Northeastern United States. Member State and Tribal governments 
include: Connecticut, Delaware, the District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis 
Mohawk Tribe, and Vermont.
    \4\ The MANE-VU ``ask'' was structured around the finding that 
SO2 emissions were the dominate visibility impairing 
pollutant at the Northeastern Class I areas and electrical 
generating units comprised the largest SO2 emission 
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
    \5\ Table 1 at the EPA's proposed approval of New Jersey's 
regional haze SIP at 76 FR 49717 has the list of measures from other 
programs that also reduce the components of regional haze.
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A. Regional Haze Progress Report

    This section includes the EPA's analysis of New Jersey's progress 
report SIP submittal, and an explanation of the basis of our proposed 
approval.
    New Jersey's 2009 regional haze SIP included the following key 
measures: control measures for the State's five subject-to-BART sources 
and control measures for four EGUs.
    New Jersey has four of the 167 EGU stacks identified for control of 
sulfur dioxide emissions in the MANE-VU ``ask.'' Each has reduced 
sulfur dioxide emissions by 90 percent or more. These sources are 
Mercer 1 and 2, Hudson 2 and BL England 2 (see Table 3.1 of New 
Jersey's progress report).
    New Jersey's sources that were eligible for BART controls are: 
Chevron Products, ConocoPhillips Bayway Refinery, PSEG Hudson 
Generating Station, Vineland Municipal Electric Utility--Howard M. 
Down, Unit 10, and BL England Generating Station, Units 1 and 2. As 
documented in Table 5.1 of New Jersey's progress report, each of these 
sources has acted to implement BART controls or shutdown, when these 
actions were due by the date of the progress report.
    New Jersey's progress report also notes the implementation of the 
MANE-VU ``ask'' for sulfur content of fuel oil. The New Jersey rule,\6\ 
approved by the EPA as part of New Jersey's regional haze plan, lowered 
the sulfur content of all distillate fuel oils (#2 fuel oil and 
lighter) to 500 parts per million (ppm) beginning on July 1, 2014 and 
to 15 ppm beginning on July 1, 2016. The sulfur content for #4 fuel oil 
was lowered to 2,500 ppm and for #6 fuel oil to a range of 3,000 to 
5,000 ppm sulfur content beginning July 1, 2014.
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    \6\ EPA's approval of New Jersey's Sulfur in Fuel rule is noted 
at 40 CFR 52.1605.
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    New Jersey's progress report also documented implementation of New 
Jersey's Mercury Rule, adoption of performance standards at all coal-
fired boilers in New Jersey, and other measures that also reduced 
emissions that caused haze. Although these measures were not relied 
upon as emission reductions for the regional haze plan, and the New 
Jersey progress report did not itemize the amount of reductions 
specifically from each of these programs, these reductions are included 
in the overall emission reductions calculated for the progress report.
    In addition, the New Jersey progress report, in chapter 7, includes 
the status of SO2 emission reductions from other states that 
affect Class I areas in MANE-VU relative to the MANE-VU ``ask.'' \7\ 
New Jersey consulted with states in the eastern United States that 
affect visibility at the Class I area at Brigantine, outlining how they 
could meet the MANE-VU ``ask'' and help achieve the progress goals for 
Class I areas in New Jersey and other MANE-VU states. These emission 
reductions were included in modeling that predicted progress toward 
meeting the reasonable progress goals. The EPA proposes that New 
Jersey's summary of the status of implementation of measures in its 
regional haze progress report adequately addresses the applicable 
provisions under 40 CFR 51.308(g), as the State demonstrated the 
implementation of measures within New Jersey, including applying BART 
at eligible sources.
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    \7\ Memorandum from NESCAUM to MANE-VU ``Overview of State and 
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013. 
http://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/.
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    During the development of the regional haze SIP for the first 
planning period, MANE-VU and New Jersey determined that SO2 
was the greatest contributor to anthropogenic visibility impairment at 
the State's Class I areas. Therefore, the bulk of visibility 
improvement achieved in the first planning period was expected to 
result from reductions in SO2 emissions from sources inside 
and outside of the State. Table 7.1 of New Jersey's Progress Report 
details the SO2 emission reductions from 2002 to 2012 
achieved at all the EGUs in the State, using the EPA's Clean Air 
Markets Division (CAMD) data. It demonstrates a 90 percent or greater 
reduction in SO2 stack emissions for each of the four EGU 
stacks. Table 1 summarizes the reductions based on the State's emission 
inventory for 2012, compared to the State's projection for 2018.

                                Table 1--SO2 Emission Reductions From the New Jersey EGU Stacks of the MANE-VU 167 Stacks
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                                                                                         Actual                                      Goal
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                                                                                                                                             Percent
             Plant ID               Unit ID         Unit Name         Actual 2002     Actual 2012        Percent       Projected 2018       Reduction
                                                                       emissions       emissions        reduction         emissions     expected in 2018
                                                                        (tons)          (tons)         (2012)  (%)         (tons)              (%)
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61057............................          1  Mercer 1............           8,137             105                99               814                90
61057............................          2  Mercer 2............           5,918             105                98               592                90
12202............................          2  Hudson 2............          18,541             139                99             1,225                93
73242............................          1  BL England 1........          10,080             934                91               274                97
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    As New Jersey has documented the reduction of SO2 
emissions by more than 90 percent at EGU stacks located in New Jersey, 
the EPA proposes to find that New Jersey has adequately addressed the 
applicable provisions of 40 CFR 51.308(g). New Jersey has detailed the 
SO2 and nitrogen oxides (NOX) reductions from the 
2002 regional haze baseline by using the most recently available year 
of data at the time of the development of New Jersey's Progress Report, 
which was 2013. In addition, New Jersey highlighted SO2 
emissions reductions from all of New Jersey's EGUs during this same 
time period.
    The provisions under 40 CFR 51.308(g) also require that states with 
Class I areas within their borders provide information on current 
visibility conditions and the difference between current visibility 
conditions and baseline visibility conditions

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expressed in terms of five-year averages of these annual values.
    New Jersey has one Class I area, the Brigantine Wildlife Refuge. 
The Interagency Monitoring of Protected Visual Environments program 
(IMPROVE) includes a monitoring site located at Brigantine. New Jersey 
includes data in its progress report from the IMPROVE monitoring site 
to quantify air pollutants that constitute regional haze. Table 2 
includes 2018 RPGs from the 2009 regional haze SIP and data from 
IMPROVE monitors at the Brigantine Class I area in New Jersey and in 
Class I areas where visibility is affected by emissions from New 
Jersey. This includes the baseline 2000-2004 five-year average 
visibility, and the most recent 2009-2013 five-year average visibility.

                           Table 2--Observed Visibility vs. Reasonable Progress Goals
                                            (All values in deciviews)
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                                                                                                       2018
      Class I area IMPROVE* site        2000-2004  5-   2009-2013  5-    Met 2018 progress goal     Reasonable
                                        year  average   year  average           already?           progress goal
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                                             20% Most Impaired Days
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Acadia National Park.................            22.9            17.9  Yes......................            19.4
Moosehorn Wilderness Area **.........            21.7            16.8  Yes......................            19.0
Great Gulf Wilderness Area ***.......            22.8            16.7  Yes......................            19.1
Lye Brook Wilderness Area............            24.4            18.8  Yes......................            20.9
Brigantine Wilderness Area...........              29            23.8  Yes......................            25.1
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                                             20% Least Impaired Days
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Acadia National Park.................             8.8             7.0  Yes......................             8.8
Moosehorn Wilderness Area............             9.2             6.7  Yes......................             9.2
Great Gulf Wilderness Area...........             7.7             5.9  Yes......................             7.7
Lye Brook Wilderness Area............             6.4             4.9  Yes......................             6.4
Brigantine Wilderness Area...........            14.3            12.3  Yes......................            14.3
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 * IMPROVE = Interagency Monitoring of Protected Visual Environments program.
 ** The IMPROVE monitor for Moosehorn Wilderness also represents Roosevelt Campobello International Park.
 *** The IMPROVE monitor for Great Gulf Wilderness also represents Presidential Range--Dry River Wilderness
  Area.
Data from Tracking Visibility Progress, posted on NESCAUM's Web site at http://www.nescaum.org/topics/regional-haze/regional-haze-documents, supplemented by the latest IMPROVE data through 2013 as noted in New Jersey's
  progress report.

    The baseline visibility for Brigantine was 29.0 deciviews (dv) on 
the 20 percent most impaired days and 14.3 dv on the least impaired 
days. The most recent five-year average visibility data shows an 
improvement of 5.2 dv on the 20 percent most impaired days and 2.0 dv 
improvement on the 20 percent least impaired days. New Jersey's 
progress report also demonstrates that the State has already achieved 
and surpassed the 2018 RPG at Brigantine for the 20 percent most 
impaired days and ensured no visibility degradation for the 20 percent 
least impaired days for the first planning period. Sites at Class I 
areas affected by sources in New Jersey also have surpassed the 2018 
RPGs.
    The EPA proposes to find that New Jersey provided the required 
information regarding visibility conditions to meet the applicable 
provisions under 40 CFR 51.308(g) specifically providing baseline 
visibility conditions (2000-2004), current conditions based on the most 
recently available IMPROVE monitoring data (2009-2013), and an 
assessment of the change in visibility impairment at its Class I areas.
    In its progress report SIP, New Jersey presents data from statewide 
emissions inventories--New Jersey's State Periodic Emissions 
Inventory--developed for the years 2002 and 2011, plus projected 
inventories for 2018, for SO2, NOX, fine 
particles with diameters that are generally 2.5 micrometers and smaller 
(PM2.5) and volatile organic compounds (VOCs). New Jersey's 
emissions inventories include the following source classifications: 
Point, area, on-road mobile, and non-road mobile. The progress report 
also includes more detailed information on reductions in sulfur oxides 
(SOX) emissions from EGUs, and particulate matter (PM), 
NOX and SOX from BART-eligible sources.
    Overall, New Jersey's emissions that affect visibility were reduced 
in all sectors for all pollutants, except for on-road direct emissions 
of PM. Compared to the 2002 emission inventory New Jersey used to model 
haze, emissions in 2011 were reduced by 82 percent for SO2, 
38 percent for NOX, 23 percent for direct PM2.5 
and by 49 percent for VOCs. New Jersey's progress report also compared 
the latest EPA modeling inventory calculations for New Jersey for 2018 
with New Jersey's portion of the MANE-VU inventory used to set the 2018 
progress goal for Brigantine. For NOX, PM2.5, 
SO2, and VOCs, the EPA's modeled emissions for 2018 are 
lower than the 2018 emissions used in MANE-VU's modeling.
    In particular, New Jersey's emissions from each of the four EGU 
stacks addressed in its regional haze SIP were reduced by more than 90 
percent from 2002 to 2011, the latest year actual emissions are 
available. Projected EGU emissions for 2018, the end of the first 
planning period, are expected to meet or exceed the 90 percent 
reduction target for each EGU stack. Actual SO2 emissions 
from each of the BART-eligible sources declined by more than 90 percent 
from 2002 to 2012. PM and NOX emissions decreased overall, 
and for each source, except for PM emissions from the ConocoPhillips 
Bayway Refinery. ConocoPhillips has met its BART requirements, 
including control of PM, but PM emissions increased because refinery 
throughput was higher in 2012 than 2002.
    New Jersey's data indicates its 2011 emissions for SO2, 
PM and VOCs are lower than the 2018 emissions projections used to model 
its progress goal. Statewide NOX emissions have decreased by 
28 percent to 182,140 tons per year by 2011, so as of 2011 they have 
not reached the 2018 target of 124,100 tons per year. However, modeling 
by the EPA \8\ projects New

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Jersey's statewide NOX emissions to be reduced to 106,749 
tons per year by 2018, so it is likely New Jersey will meet its 
emission targets by 2018.
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    \8\ https://www.epa.gov/sites/production/files/2015-11/documents/o3transportaqmodelingtsd.pdf.
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    The EPA is proposing that New Jersey adequately addressed the 
provisions of 40 CFR 51.308(g). The progress report compared the most 
recent updated emission inventory data available at the time of the 
development of the progress report with the baseline emissions used in 
the modeling for the regional haze SIP.
    In its progress report SIP, New Jersey did not find any significant 
changes in emissions of SOX, NOX and 
PM2.5 which might have impeded or limited progress during 
the first planning period. As noted earlier, haze at Brigantine and 
other Class I areas affected by emissions from New Jersey has improved 
to levels that meet or exceed the RPG. The EPA therefore proposes to 
approve the New Jersey SIP submission.
    In its progress report SIP, New Jersey concludes the elements and 
strategies relied on in its original regional haze SIP are sufficient 
to enable New Jersey and neighboring states to meet all established 
RPGs. As shown in Table 2, visibility on the least impaired and most 
impaired days from 2000 through 2011 has improved at all Class I areas 
affected by emissions from New Jersey (and all RPGs for 2018 have 
already been met). Visibility improvement at Brigantine has occurred 
for the most impaired days and no degradation of visibility has 
occurred for the least impaired days. Therefore, New Jersey concludes 
Brigantine is on track to meet the RPGs for 2018 based on the observed 
visibility improvement. The EPA proposes to agree that New Jersey has 
adequately addressed the provisions for first planning period progress 
reports. The EPA views this requirement as an assessment that should 
evaluate emissions and visibility trends and other readily available 
information. In its progress report, New Jersey described the improving 
visibility trends using data from the IMPROVE network and the downward 
emissions trends in key pollutants in the State and the MANE-VU region. 
New Jersey determined its regional haze SIP is sufficient to meet the 
RPGs for its own Class I area and the Class I areas outside the State 
impacted by the State's emissions.
    New Jersey's visibility monitoring strategy relies upon 
participation in the IMPROVE network. The IMPROVE monitor at the 
Brigantine Wilderness Area is operated and maintained through a formal 
cooperative relationship between the EPA, the U.S. Fish and Wildlife 
Service, and New Jersey's Bureau of Monitoring. The IMPROVE monitor for 
the Brigantine Wilderness Area is located at the edge of the Wilderness 
Area. The air monitoring data collected is representative of the air 
quality within the wilderness area but does not disturb the wilderness 
area's ecology or natural resources. New Jersey finds that there is no 
need for additional monitoring sites or equipment. The EPA proposes to 
find that New Jersey has adequately addressed these provisions by 
reviewing the State's visibility monitoring strategy and determining no 
further modifications to the monitoring strategy are necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its progress report, New Jersey submitted a negative declaration 
to EPA regarding the need for additional actions or emission reductions 
in New Jersey beyond those already in place and those to be implemented 
by 2018 according to New Jersey's regional haze plan.
    In the 2016 SIP submittal, New Jersey determined the existing 
regional haze SIP requires no further substantive revision at this time 
to achieve the RPGs for Class I areas affected by the State's sources. 
The basis for the State's negative declaration is the finding that 
visibility has improved at all Class I areas in the MANE-VU region. In 
addition, SO2, and PM emissions from the latest emission 
inventory for New Jersey have decreased to levels below the projections 
for 2018. While NOX reductions have yet to fully meet the 
2018 projections, additional substantial NOX emission 
reductions are expected by 2018, as projected by the latest EPA 
modeling inventory.
    The EPA proposes to conclude that New Jersey has adequately 
addressed the provisions under 40 CFR 51.308(h) because visibility and 
emission trends indicate that the Brigantine area, in addition to all 
the other Class I areas impacted by New Jersey's sources, are meeting 
or exceeding the RPGs for 2018, and expect to continue to meet or 
exceed the RPGs for 2018.

III. Proposed Action

    The EPA is proposing to approve New Jersey's June 28, 2016 regional 
haze progress report as meeting the requirements of 40 CFR 51.308(g) 
and (h).

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, the 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations,

[[Page 35738]]

Nitrogen oxides, Particulate matter, Regional haze, Sulfur oxides.

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

    Dated: July 10, 2017.
Walter Mugdan,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-15997 Filed 7-31-17; 8:45 am]
 BILLING CODE 6560-50-P