[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Proposed Rules]
[Pages 68097-68099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26922]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0681, FRL-10003-11-Region 2]


Approval of Air Quality Implementation Plans; New Jersey; 
Infrastructure SIP for Interstate Transport Requirements for the 2006 
PM10, 2008 Lead, 2010 Nitrogen Dioxide, and 2011 Carbon Monoxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the portions of New Jersey's State Implementation Plan (SIP) 
revision submittal regarding infrastructure requirements for interstate 
transport of pollution with respect to the 2006 particulate matter of 
10 microns ([mu]m) or less (PM10), 2008 lead, 2010 nitrogen 
dioxide (NO2), and 2011 carbon monoxide (CO) National 
Ambient Air Quality Standards (NAAQS).

DATES: Written comments must be received on or before January 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0681 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information 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:  Kenneth Fradkin, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3702, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents:

I. Background
II. Summary of SIP Revision and EPA Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. General

    The EPA is proposing to approve the portions of the State of New 
Jersey's Infrastructure SIP submission, dated October 17, 2014, which 
address the Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) requirements 
pertaining to interstate transport of pollution with respect to the 
2006 PM10, 2008 lead, 2010 NO2, and 2011 CO 
National Ambient Air Quality Standards (NAAQS).
    On September 21, 2006 (71 FR 61144 (October 17, 2006)), the EPA 
retained \1\ the primary and secondary 24-hour PM10 standard 
of 150 micrograms per cubic meter of air ([micro]g/m\3\), as an average 
over a 24-hour period, not to be exceeded more than once per year on 
average over a 3-year period, that was initially promulgated on June 2, 
1987 (52 FR 24634 (July 1, 1987)).
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    \1\ The PM10 standard was also retained on December 
14, 2012 (78 FR 3086 (January 15, 2013)), but that is not being 
addressed in this action.
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    On October 15, 2008 (73 FR 66964 (November 12, 2008)), the EPA 
promulgated a revised primary and secondary NAAQS for lead. The 2008 
lead NAAQS level is 0.15 [micro]g/m\3\, and the averaging time is a 
rolling 3-month period with a maximum (not-to-be-exceeded) form to be 
evaluated over a 3-year period.
    On January 22, 2010 (75 FR 6474 (February 9, 2010)), the EPA 
promulgated a new 1-hour primary NAAQS for NO2 at a level of 
100 parts per billion (ppb), based on a 3-year average of the 98th 
percentile of the yearly distribution of 1-hour daily maximum 
concentrations.
    On August 12, 2011 (76 FR 54294 (August 31, 2011)), the EPA 
retained the existing primary standard for CO of 9 ppm as an 8-hour 
average, and 35 ppm as a 1-hour standard average, neither to be 
exceeded more than once per year. The EPA initially established a NAAQS 
for CO on April 30, 1971 (36 FR 8186).

B. EPA's Infrastructure Requirements

    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP.'' These submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity 
in some of the language of CAA section 110(a)(2), the EPA believes that 
it is appropriate to interpret these provisions in the specific context 
of acting on infrastructure SIP submissions. The EPA has previously 
provided comprehensive guidance on the application of these provisions 
through a guidance document for infrastructure SIP submissions and 
through regional actions on infrastructure submissions.\2\

[[Page 68098]]

Unless otherwise noted below, we are following that existing approach 
in acting on this submission. In addition, in the context of acting on 
such infrastructure submissions, EPA evaluates the submitting state's 
SIP for facial compliance with statutory and regulatory requirements, 
not for the state's implementation of its SIP.\3\ The EPA has other 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.
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    \2\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on New Jersey's infrastructure SIP submitted on October 17, 
2014 that addressed the portion of the submission not germane to 
transport to address 2008 Lead, 2008 Ozone, 2010 NO2, 
2010 SO2, 2012 PM2.5 NAAQS, 2006 
PM10 and 2011 CO NAAQS (83 FR 24661(May 30, 2018)).
    \3\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. Thomas, 902 F.3d 971 
(Aug. 30, 2018).
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C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to 
include adequate provisions prohibiting any emissions activity in one 
state that contributes significantly to nonattainment, or interferes 
with maintenance, of the NAAQS in any downwind state. The EPA sometimes 
refers to these requirements as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance), or jointly 
as the ``good neighbor'' provision of the CAA. Further information can 
be found in the Technical Support Document (TSD) for this rulemaking 
action, which is available online at www.regulations.gov, Docket number 
EPA-R02-OAR-2018-0681.

II. Summary of SIP Revision and EPA Analysis

    On October 17, 2014 New Jersey submitted, through the New Jersey 
Department of Environmental Protection (NJDEP), a revision to its SIP 
to address requirements under section 110(a)(2) of the CAA (the 
infrastructure requirements) related to the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 
Although not specifically required by 110(a)(1), since neither NAAQS 
was new or revised, the October 17, 2014 SIP submittal also included 
infrastructure requirements for the 2006 PM10 and 2011 CO 
NAAQS.
    On May 30, 2018 the EPA addressed the portion of New Jersey's 
October 17, 2014 submission not germane to transport, including: 
110(a)(2)(A), 110(a)(2)(B), 110(a)(2)(C), 110(a)(2)(E), 110(a)(2)(F), 
110(a)(2)(G), 110(a)(2)(H), 110(a)(2)(J), 110(a)(2)(K), 110(a)(2)(L), 
and 110(a)(2)(M) for all submitted NAAQS (i.e., 2008 Lead, 2008 Ozone, 
2010 NO2, 2010 SO2, 2012 PM2.5 NAAQS, 
2006 PM10 and 2011 CO NAAQS).\4\ In the same action, the EPA 
addressed CAA element 110(a)(2)(D)(ii), Interstate and International 
Pollution Abatement, for all NAAQS addressed in the SIP submittal.
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    \4\ 83 FR 24661(May 30, 2018).
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    The EPA acted on CAA element 110(a)(2)(D)(i)(II) prong 3 
(interstate transport provisions for the Prevention of Significant 
Deterioration) and prong 4 (interstate provisions for visibility) on 
September 19, 2016 for all NAAQS addressed in the SIP submittal. In the 
September 19, 2016 rulemaking, the EPA disapproved prong 3 and approved 
prong 4.\5\
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    \5\ 81 FR 64070 (September 19, 2016).
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    The EPA acted on 110(a)(2)(D)(i)(I) for the interstate transport 
pollution requirements portion of the New Jersey October 17, 2014 
submittal with respect to the 2012 PM2.5 NAAQS, finalizing 
approval on August 14, 2018.\6\
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    \6\ 83 FR 40151 (August 14, 2018).
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    With respect to the 2008 ozone NAAQS, New Jersey withdrew the 
110(a)(2)(D)(i)(I) for the interstate transport pollution requirements 
portion of the October 17, 2014 submission in a letter to the EPA on 
March 30, 2016. New Jersey subsequently submitted a SIP revision 
addressing 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (as well as the 
2015 ozone NAAQS) on May 13, 2019. The EPA will address New Jersey's 
May 13, 2019 SIP submittal in a separate action at a later date.
    The EPA is not acting on 110(a)(2)(D)(i)(I) for interstate 
transport pollution with respect to the 2010 SO2 NAAQS and 
will address it in another action.
    This proposed rulemaking action addresses the portions of New 
Jersey's infrastructure submittal for the 2006 PM10, 2008 
lead, 2010 NO2, and 2011 CO NAAQS that pertain to transport 
requirements of CAA section 110(a)(2(D)(i)(I).
    The portions of New Jersey's October 17, 2014 SIP submittal 
addressing section 110(a)(2)(D)(i)(I) set forth New Jersey's position 
that it does not significantly contribute to nonattainment in, or 
interfere with maintenance by, any other state with respect to the 2006 
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS. 
Additionally, New Jersey described in its submittal its existing SIP-
approved control measures, and other federally enforceable control 
measures, such as consent decrees and federal rules that apply to 2006 
PM10, 2008 lead, 2010 NO2, and 2011 CO sources 
within the State.
    In our analysis of New Jersey's SIP submission with respect to the 
2006 PM10, 2008 lead, 2010 NO2, and 2011 CO 
NAAQS, the EPA considered ambient air quality data, the proximity of 
nearby nonattainment and maintenance areas, and emission trends.
    With respect to the 2008 lead NAAQS, the EPA's evaluation indicates 
that there are no violating air quality monitors near New Jersey 
borders, or in New Jersey. Ambient air quality data is well below the 
NAAQS. There are no nearby nonattainment or maintenance areas in nearby 
states. Additionally, there are no significant lead sources in New 
Jersey near the State borders.
    Regarding the 2006 PM10 NAAQS, the EPA's evaluation 
indicates that there are also no violating air quality monitors near 
New Jersey borders, or in New Jersey. Ambient air quality data is well 
below the NAAQS. There are no nearby nonattainment and maintenance 
areas for the 24-hour PM10 NAAQS, and emissions continue to 
trend downward.
    With respect to the 2010 NO2 NAAQS, the EPA's evaluation 
indicates that there are also no violating air quality monitors near 
New Jersey borders, or in New Jersey. Ambient air quality data is well 
below the NAAQS. There are no nearby nonattainment and maintenance 
areas. New Jersey NO2 emissions continue to trend downward 
and are projected by the EPA to further decrease by 2023.
    For the 2011 CO NAAQS, the EPA's evaluation indicates that there 
are also no violating air quality monitors near New Jersey borders, or 
in New Jersey. Ambient air quality data is well below the NAAQS. There 
are no nearby CO nonattainment areas. Nearby maintenance areas in 
neighboring states have maintained the NAAQS for close to two decades. 
CO emissions continue to trend downward, and additional mobile 
emissions reductions are projected by 2030 as a result of Federal Tier 
3 standards.
    The EPA therefore proposes to approve New Jersey's infrastructure 
SIP submittal for CAA section 110(a)(2)(D)(i)(I) for the 2006 
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS.
    A detailed summary and explanation of EPA's review and rationale 
for the proposed approval of this SIP revision as meeting the CAA 
section 110(a)(2)(D)(i)(I) requirements for the 2006 PM10, 
2008 lead, 2010 NO2, and 2011 CO NAAQS may be found in the 
TSD.

[[Page 68099]]

III. Proposed Action

    The EPA is proposing to approve New Jersey's infrastructure 
submittal dated October 17, 2014, addressing interstate transport for 
the 2006 PM10, 2008 lead, 2010 NO2, and 2011 CO 
NAAQS as these portions meet the requirements in section 
110(a)(2)(D)(i)(I) of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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) 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 CAA; 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 proposed rulemaking action, pertaining to New 
Jersey's section 110(a)(2) infrastructure requirements for the 2006 
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS is 
not approved to apply on any Indian reservation land or in any other 
area where the 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Lead, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

    Dated: November 25, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-26922 Filed 12-12-19; 8:45 am]
 BILLING CODE 6560-50-P