[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44099-44101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0044; FRL-9968-05-Region 2]


Approval of Air Quality Implementation Plans; New Jersey, 2011 
Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5/
Regional Haze Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the New Jersey 
Department of Environmental Protection. The SIP revision consists of 
the following: 2011 calendar year ozone precursor emission inventories 
for volatile organic compounds (VOC), oxides of nitrogen 
(NOX) and carbon monoxide (CO) for the New York-Northern New 
Jersey-Long Island area classified as Moderate ozone nonattainment for 
the 2008 8-hour ozone standard, and the Philadelphia-

[[Page 44100]]

Wilmington-Atlantic City ozone nonattainment area classified as 
Marginal ozone nonattainment for the 2008 8-hour ozone standard. In 
addition, the SIP revision also consists of the 2011 calendar year 
statewide periodic emissions inventory for particulate matter with an 
aerodynamic diameter less than or equal to 2.5 microns 
(PM2.5) and the associated PM2.5 and/or Regional 
Haze precursors. The pollutants included in this inventory include VOC, 
NOX, PM2.5, particulate matter with an 
aerodynamic diameter less than or equal to 10 microns 
(PM10), ammonia (NH3) and sulfur dioxide (SO2). 
Emission inventories are needed 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 
PM2.5. The inventory may also serve as part of statewide 
inventories for purposes of regional modeling in ozone and Regional 
Haze transport areas. The inventory plays an important role in modeling 
demonstrations for areas classified as nonattainment for ozone, CO and 
PM2.5.

DATES: This final rule is effective on October 23, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2017-0044. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., 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 through www.regulations.gov, 
or please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, telephone number (212) 637-3381, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The supplementary Information section is 
arranged as follows:

Table of Contents

I. What action is EPA taking?
II. What comments did EPA receive on its proposal?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    The New Jersey emissions inventory SIP revision will ensure that 
the requirements for emissions inventory measures and reporting are 
adequately met. To comply with the emissions inventory requirements, 
New Jersey submitted a complete inventory containing point, area, on-
road, and non-road mobile source data, and accompanying documentation. 
EPA is approving the SIP revision submittal as meeting the essential 
reporting requirements for emission inventories. EPA has also 
determined that the SIP revision meets the requirements for emission 
inventories in accordance with EPA guidance.
    Therefore, EPA is approving a revision to the New Jersey SIP which 
pertains to the following: 2011 calendar year summer season daily and 
annual ozone precursor emission inventories for VOC, NOX and 
CO for the New York-Northern New Jersey-Long Island and the 
Philadelphia-Wilmington-Atlantic ozone nonattainment areas. In 
addition, the EPA is approving the 2011 calendar year PM2.5/
Regional Haze emissions inventory that was developed statewide for New 
Jersey. The pollutants included in the inventory are annual emissions 
for VOC, NOX, PM2.5, PM10, NH3 and 
SO2. The reader is referred to the April 10, 2017 (82 FR 
17166) proposal for details on this rulemaking.

II. What comments did EPA receive on its proposal?

    EPA did not receive any comments on the April 10, 2017 proposed 
approval of New Jersey's 2011 emissions inventory.

III. What is EPA's final action?

    EPA is approving a revision to the New Jersey SIP which pertains to 
the following: 2011 calendar year summer season daily and annual ozone 
precursor emission inventories for VOC, NOX and CO for the 
New York-Northern New Jersey-Long Island and the Philadelphia-
Wilmington-Atlantic City ozone nonattainment areas. In addition, the 
EPA is approving the 2011 calendar year PM2.5/Regional Haze 
emissions inventory that was developed statewide for New Jersey. The 
pollutants included in the inventory are annual emissions for VOC, 
NOX, PM2.5, PM10, NH3 and 
SO2.

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 (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, 
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 EPA notes 
that it will not impose substantial direct costs on tribal governments 
or preempt tribal law.
    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

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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 November 20, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 6, 2017.
 Catherine R. McCabe,
 Acting 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 52.1570(e), is amended by adding entries for ``2011 VOC, 
NOX and CO ozone summer season and annual emissions 
inventory'' and ``2011 PM2.5/Regional Haze and associated 
precursors annual emissions inventory'' at the end of the table to read 
as follows:


Sec.  52.1570   Identification of plan.

* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                  geographic or     New Jersey submittal
          SIP element             nonattainment             date           EPA approval date      Explanation
                                       area
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                                                  * * * * * * *
2011 VOC, NOX and CO ozone      New York-Northern  June 1, 2015..........  9/21/2017,
 summer season and annual        New Jersey-Long                            [Insert Federal
 emissions inventory.            Island and the                             Register
                                 Philadelphia-                              citation].
                                 Wilmington-
                                 Atlantic City
                                 ozone
                                 nonattainment
                                 areas.
2011 PM2.5/Regional Haze and    State-wide.......  June 1, 2015..........  9/21/2017,
 associated precursors annual                                               [Insert Federal
 emissions inventory.                                                       Register
                                                                            citation].
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[FR Doc. 2017-20066 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P