[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey submittal date EPA approval Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-21465 Filed 10-5-18; 8:45 am]
BILLING CODE 6560-50-P