[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68471-68472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22764]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0681; FRL-10014-13-Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Revisions to Emissions Reporting Requirements

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 State of New 
Jersey. This revision removes from the SIP the recordkeeping, emission 
reporting, photochemical dispersion modeling, and inventory 
requirements for t-butyl acetate (TBAC) as a volatile organic compound 
(VOC). The revision is in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on November 30, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2019-0681. All documents in the docket are listed on 
the http://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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 4, 2020, the EPA published a notice of proposed rulemaking 
(NPRM) for the State of New Jersey. 85 FR 34379. In the NPRM, the EPA 
proposed to approve New Jersey's November 29, 2017 submittal requesting 
to remove the recordkeeping, reporting, modeling, and inventory 
requirements for TBAC from the SIP. The reader is referred to EPA's 
NPRM for more detailed background and rationale for this final action.

II. Summary of the SIP Revision and the EPA's Analysis

    The EPA previously determined that TBAC has a negligible level of 
reactivity, revised the definition of VOC to exclude TBAC, and removed 
the recordkeeping, emission reporting, photochemical dispersion 
modeling, and inventory requirements for TBAC. 69 FR 69298 (November 
29, 2004); 81 FR 9339 (February 25, 2016).
    In order to conform with the EPA's current regulatory requirements 
for TBAC, New Jersey requested that New Jersey Administrative Code 
(NJAC) 7:27-34, ``TBAC Emissions Reporting,'' consisting of TBAC 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements, be removed from the SIP.

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

    The EPA did not receive any comments in response to the June 4, 
2020 NPRM.

IV. Final Action

    The EPA is approving the removal of NJAC 7:27-34, ``TBAC Emissions 
Reporting,'' which includes recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for TBAC, 
from the New Jersey SIP. This SIP revision will not interfere with 
attainment of any national ambient air quality standard (NAAQS), 
reasonable further progress, or any other requirement of the CAA, 
including Section 110(l), and is consistent with the EPA's February 25, 
2016 final rule. 81 FR 9339.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved New Jersey State Regulations and Laws from the New Jersey 
State Implementation

[[Page 68472]]

Plan, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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, this rulemaking action, pertaining to TBAC, 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 28, 2020. 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, and Volatile organic 
compounds.

    Dated: September 17, 2020.
Peter 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

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1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey


Sec.  52.1570  [Amended]

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2. In Sec.  52.1570, amend the table in paragraph (c) by removing the 
entry ``Title 7, Chapter 27, Subchapter 34''.

[FR Doc. 2020-22764 Filed 10-28-20; 8:45 am]
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