[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Rules and Regulations]
[Pages 46890-46891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16317]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0912; FRL-9613-02-R2]


Approval of Air Quality Implementation Plans; New Jersey; Removal 
of Excess Emissions Provision

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, through the New Jersey Department of Environmental Protection, 
on December 14, 2017. The revision submitted by New Jersey was in 
response to a finding of substantial inadequacy and a SIP call 
published on June 12, 2015, for a provision in the New Jersey SIP 
related to excess emissions during startup, shutdown, and malfunction 
(SSM) events. The EPA is approving the SIP revision to correct the 
deficiency identified in the June 12, 2015, SIP call.

DATES: This final rule is effective on August 31, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2021-0912. All documents in the docket are 
listed on the 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 www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, EPA Region 2, 290 
Broadway, 25th floor, New York, New York 10007-1866, 212-637-3764; or 
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used, it refers to EPA.

Table of Contents

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

I. What is the background for this action?

    On April 22, 2022, we proposed to approve a SIP revision submitted 
by the State of New Jersey, through the New Jersey Department of 
Environmental Protection, on December 14, 2017. (87 FR 24090, April 22, 
2022). In that proposal we also proposed to determine that the SIP 
revision corrects the deficiency with respect to New Jersey that we 
identified in our June 12, 2015, action entitled ``State Implementation 
Plans: Response to Petition for Rulemaking; Restatement and Update of 
EPA's SSM Policy Applicable to SIPs; Findings of Substantial 
Inadequacy; and SIP Calls To Amend Provisions Applying to Excess 
Emissions During Periods of Startup, Shutdown and Malfunction'' (``June 
12, 2015 SIP call'') (80 FR 33839, June 12, 2015). The reasons for our 
proposed approval and determination are stated in the proposed action 
(87 FR 24090) and will not be restated here.

II. What comments were received in response to this proposed action?

    In response to the EPA's April 22, 2022, proposed rulemaking on New 
Jersey's SIP revisions, the EPA received one comment from the Sierra 
Club commending the EPA for proposing to approve New Jersey's revision 
and requesting a quick final approval of the SIP revision. The EPA 
acknowledges the supportive comment. The comment may be viewed under 
Docket ID Number EPA-R02-OAR-2021-0912 on the regulations.gov website.

III. What action is the EPA taking?

    The EPA is approving New Jersey's December 14, 2017, request to 
approve a revised New Jersey Administrative Code, Title 7, Chapter 27, 
Subchapter 7.2(k) (N.J. Admin. Code 7:27-7.2(k)) which removes N.J. 
Admin. Code 7:27-7.2(k)(2) from the New Jersey SIP. EPA has also 
determined this SIP revision corrects the deficiency identified in the 
June 12, 2015 SIP call.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 
N.J. Admin. Code 7:27-7 and N.J. Admin. Code 7:27-7.2(k), listed in the 
amendments to 40 CFR part 52 set forth below and described in paragraph 
I. of this preamble. The 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 the EPA 
for inclusion in the State Implementation Plan, have been incorporated 
by reference by the 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 the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 46891]]

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);
     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 September 30, 2022. 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, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

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

Lisa Garcia,
Regional Administrator, Region 2.
    For the reasons set forth in the preamble, 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. In Sec.  52.1570, the table in paragraph (c) is amended by revising 
the entry for ``Title 7, Chapter 27, Subchapter 7'' and adding an entry 
in numerical order for ``Title 7, Chapter 27, Subchapter 7.2(k)'' to 
read as follows:


Sec.  52.1570  Identification of Plan.

* * * * *
    (c) * * *

                               EPA-Approved New Jersey State Regulations and Laws
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                                                        State effective
         State citation              Title/subject           date          EPA approval date       Comments
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                                                  * * * * * * *
Title 7, Chapter 27, Subchapter   Sulfur............  March 1, 1967.....  May 31, 1972, 37    Subchapter 7.2(k)
 7.                                                                        FR 10880.           is no longer
                                                                                               approved due to
                                                                                               EPA action on
                                                                                               August 1, 2022,
                                                                                               [insert Federal
                                                                                               Register
                                                                                               citation].
Title 7, Chapter 27, Subchapter   Commercial fuel     November 6, 2017..  August 1, 2022,
 7.2(k).                           exemption.                              [insert Federal
                                                                           Register
                                                                           citation].
 
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[FR Doc. 2022-16317 Filed 7-29-22; 8:45 am]
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