[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50506-50509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0549, FRL-9984-58-Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Elements for the 2008 8-Hour Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

[[Page 50507]]


ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
State Implementation Plan (SIP) revisions submitted by the State of New 
Jersey for purposes of implementing Reasonably Available Control 
Technology (RACT) for the 2008 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The EPA is approving New Jersey's SIP 
revision for the control and prohibition of air pollution by volatile 
organic compounds (VOCs) and control and prohibition of air pollution 
by oxides of nitrogen (NOX), as they are intended to satisfy 
certain control technique guideline (CTG) and NOX RACT 
categories. The EPA is approving New Jersey's certification that there 
are no sources within the State for the following CTGs: Manufacture of 
Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace 
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture 
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck 
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA 
is approving New Jersey's RACT SIP as it applies to non-CTG major 
sources of VOCs and major sources of NOX. The EPA is also 
approving the portions of the comprehensive SIP revision submitted by 
New Jersey that certify that the State has satisfied the requirements 
for an enhanced motor vehicle Inspection and Maintenance program, 
certify that the State has satisfied the requirements for an emission 
statement program, certify that the State has satisfied the 
requirements for an ozone specific provisions nonattainment new source 
review program, and show the State has adopted all NOX RACT 
and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These 
actions are being taken in accordance with the requirements of the 
Clean Air Act.

DATES: This final rule is effective on November 8, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2018-0549. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (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 electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

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

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On July 31, 2018 (83 FR 36816), the EPA published a Notice of 
Proposed Rulemaking that proposed to approve the State of New Jersey's 
State Implementation Plan (SIP) submittals,\1\ for purposes of 
implementing Reasonably Available Control Technology (RACT) \2\ for the 
2008 8-hour ozone National Ambient Air Quality Standard (NAAQS or 
standard). The EPA proposed to approve New Jersey's June 11, 2015 SIP 
submittal, showing that the State meets the RACT requirements for the 
2008 8-hour ozone standards. The EPA proposed to approve New Jersey's 
June 11, 2015 RACT SIP as it applies to non-CTG major sources of VOCs 
and to major sources of NOX. The EPA also proposed to 
approve the December 14, 2017 submittal, which established new limits 
on NOX emissions from existing simple cycle combustion 
turbines combusting natural gas and compressing gaseous fuel at major 
NOX facilities and stationary reciprocating engines 
combusting natural gas and compressing gaseous fuel at major 
NOX facilities and indicated that the RACT requirements for 
the 2008 ozone NAAQS have been fulfilled for sources subject to the 
following four CTGs: Industrial Cleaning Solvents (EPA 453/R-06-001); 
Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous Metal 
and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass Boat 
Manufacturing Materials (EPA-453/R-08-004). The EPA also proposed to 
approve the portion of New Jersey's SIP revision submitted on January 
2, 2018, that certifies the State has satisfied the requirements for a 
motor vehicle enhanced inspection and maintenance (I/M) program, an 
emission statement program, an ozone specific provisions nonattainment 
new source review (NNSR) program, and that the State has adopted all 
applicable NOX RACT and VOC RACT.
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    \1\ New Jersey's SIP submittals included; submittals with cover 
letters dated June 11, 2015; November 30, 2017; and December 22, 
2017.
    \2\ The EPA has defined RACT as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762, September 17, 
1979).
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    The specific details of New Jersey's SIP submittals and the 
rationale for the EPA's approval action are explained in the EPA's 
proposed rulemaking and are not restated in this final action. For this 
detailed information, the reader is referred to the EPA's July 31, 2018 
proposed rulemaking (83 FR 36816).

II. What comments were received in response to the EPA's proposed 
action?

    In response to the EPA's July 31, 2018 proposed rulemaking on New 
Jersey's SIP submittals, the EPA received four comments during the 30-
day public comment period. The specific comments may be viewed under 
Docket ID Number EPA-R02-OAR-2018-0549 on the https://www.regulations.gov website.
    After reviewing the comments, EPA has determined that the comments 
are outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. The comments do not raise 
issues germane to EPA's proposed action. They do not explain (or 
provide a legal basis for) how the proposed action should differ in any 
way and make no specific mention of the proposed action. Since the 
comments are not relevant to the specific action EPA proposed, EPA will 
not provide a specific response to the comments.

III. What action is the EPA taking?

    The EPA has evaluated New Jersey's SIP submittals and has 
determined that they are consistent with the EPA's guidance documents 
as well as the EPA's CTG and Alternative Control Technique (ACT) 
documents and are fully approvable as SIP-strengthening measures for 
New Jersey's ozone SIP. Specifically, EPA is approving New Jersey's 
state-wide RACT submittal dated June 11, 2015 and the State's December 
14, 2017 SIP revision rule, which include a declaration that the 
following source-specific categories either do not exist in this State, 
or fall below significant emission unit applicability thresholds in the 
CTGs: (1) Manufacture of Vegetable Oils; (2) Manufacture of Pneumatic 
Rubber Tires; (3) Aerospace Coatings; (4) Shipbuilding and Ship Repair 
Operations; (5) Metal

[[Page 50508]]

Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and 
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly 
Coatings. The submittals also include amendments to N.J.A.C. 7:27, 
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air 
Pollution by Oxides of Nitrogen,'' \3\ for purposes of satisfying the 
2008 8-hour ozone standard RACT requirements, NOx RACT for major 
sources, Non-CTG VOC RACT for major sources, all VOC CTG RACT sources 
and relevant OTR RACT requirements. The EPA is also approving portions 
of New Jersey's January 2, 2018 SIP revision \4\ that certifies the 
State has satisfied the requirements for an enhanced motor vehicle I/M 
program, an emission statement program, and ozone specific provisions 
NNSR program.
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    \3\ State Effective dates for both rules is November 6, 2017 (49 
N.J.R. 3518).
    \4\ The EPA will act on the remainder of New Jersey's January 2, 
2018 SIP revision submittal, including the attainment 
demonstrations, Reasonable Further Progress (RFP) requirements and 
other portions at a later date.
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IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of revisions to 
portions of Title 7, Chapter 27: Subchapter 16 and 19 of the New Jersey 
Administrative Code that implement New Jersey's Control and Prohibition 
of Air Pollution by Volatile Organic Compounds and Control and 
Prohibition of Air Pollution from Oxides of Nitrogen, as described in 
section III of this preamble.
    EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 2 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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V. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 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 December 10, 2018. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 11, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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:


[[Page 50509]]


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

Subpart FF--New Jersey

0
2. In Sec.  52.1570:
0
a. The table in paragraph (c) is amended by revising the entries for 
``Title 7, Chapter 27, Subchapter 16'' and ``Title 7, Chapter 27, 
Subchapter 19''; and
0
b. The table in paragraph (e) is amended by adding the entries for 
``2008 8-hour Ozone RACT analysis'', ``2008 8-hour Ozone Nonattainment 
New Source Review Requirements'', ``2008 8-hour Ozone Nonattainment 
Emission Statement Program Certification'' and ``2008 8-hour Ozone 
Nonattainment Motor Vehicle Enhanced Inspection and Maintenance (I/M) 
Program Certification'' at the end of the table.
    The revisions and additions read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *

                               EPA-Approved New Jersey State Regulations and Laws
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                                                                             EPA approval
        State citation          Title/subject      State effective date          date             Comments
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                                                  * * * * * * *
Title 7, Chapter 27,           Control and      November 6, 2017.........  October 9,       ....................
 Subchapter 16.                 Prohibition of                              2018, Insert
                                Air Pollution                               Federal
                                by Volatile                                 Register
                                Organic                                     citation].
                                Compounds.
 
                                                  * * * * * * *
Title 7, Chapter 27,           Control and      November 6, 2017.........  October 9,       Subchapter 19 is
 Subchapter 19.                 Prohibition of                              2018, Insert     approved into the
                                Air Pollution                               Federal          SIP except for the
                                from Oxides of                              Register         following
                                Nitrogen.                                   citation].       provisions: (1)
                                                                                             Phased compliance
                                                                                             plan through
                                                                                             repowering in
                                                                                             Section 19.21 that
                                                                                             allows for
                                                                                             implementation
                                                                                             beyond May 1, 1999;
                                                                                             and (2) phased
                                                                                             compliance plan
                                                                                             through the use of
                                                                                             innovative control
                                                                                             technology in
                                                                                             Section 19.23 that
                                                                                             allows for
                                                                                             implementation
                                                                                             beyond May 1, 1999.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
         SIP element               geographic or     New Jersey submittal date    EPA approval     Explanation
                                nonattainment area                                    date
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                                                  * * * * * * *
2008 8-hour Ozone RACT         Statewide...........  June 11, 2015 and January  October 9,        Full
 Analysis.                                            2, 2018.                   2018, Insert     approval.
                                                                                 Federal          Includes CTGs,
                                                                                 Register         NOX RACT for
                                                                                 citation].       major sources
                                                                                                  and non-CTG
                                                                                                  RACT sources.
2008 8-hour Ozone Specific     Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment New Source                                                        2018, Insert     approval.
 Review Requirements.                                                            Federal
                                                                                 Register
                                                                                 citation].
2008 8-hour Ozone              Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment Emission                                                          2018, Insert     approval.
 Statement Program                                                               Federal
 Certification.                                                                  Register
                                                                                 citation].
2008 8-hour Ozone              Statewide...........  January 2, 2018..........  October 9,        Full
 Nonattainment Motor Vehicle                                                     2018, Insert     approval.
 Enhanced Inspection and                                                         Federal
 Maintenance (I/M) Program                                                       Register
 Certification.                                                                  citation].
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[FR Doc. 2018-21465 Filed 10-5-18; 8:45 am]
 BILLING CODE 6560-50-P