[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63743-63744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22224]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0785, FRL-10210-01-R2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Motor Vehicle Enhanced Inspection and Maintenance Program; Diesel 
Opacity Cutpoints

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the State Implementation Plan (SIP) submitted by 
the New Jersey Department of Environmental Protection (NJDEP) in 2009 
for New Jersey's motor vehicle inspection and maintenance (I/M) 
program. A final rule for this proposal would complete EPA's action on 
this submitted SIP revision and maintain consistency between the State 
adopted rules and the federally approved New Jersey SIP.

DATES: Written comments must be received on or before November 21, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0785 at https://www.regulations.gov. 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. 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 (CBI) 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Reema Loutan, Technology, 
Transportation, and Radiation Branch, Environmental Protection Agency, 
290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-
3760, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is the EPA proposing?
II. What is the purpose of the submitted rules?
III. What are the EPA's conclusions?
IV. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The EPA is proposing to approve a revision to the New Jersey State 
Implementation Plan (SIP), submitted by New Jersey on July 20, 2009, 
pertaining to New Jersey's motor vehicle inspection and maintenance (I/
M) program. This July 20, 2009 SIP revision submittal consisted of 
rules and rule amendments to the New Jersey Department of Environmental 
Protection's rules at N.J.A.C. Title 7, Chapter 27, Subchapter 14, 
titled ``Control and Prohibition of Air Pollution from Diesel-Powered 
Motor Vehicles (Diesel-Powered Motor Vehicle Inspection and Maintenance 
Program),'' at sections 14.2, 14.4 and 14.6, and related amendments to 
the ``Sampling and Analytical Procedures'' at N.J.A.C. Title 7, Chapter 
27B, Subchapter 4, titled ``Air Test Method 4: Testing Procedures for 
Diesel-Powered Motor Vehicles,'' at section 4.5. Section 7:27B-4.5, 
which provided for an alternative smoke opacity test standard for model 
year 1973 and older diesel-powered motor vehicles, has since been 
rescinded. New Jersey adopted these amendments to encourage increased 
diesel engine maintenance and repairs, thereby reducing the amount of 
particulate matter (PM) and other pollutants emitted from diesel 
engines. Rules approved into the SIP must be enforceable (see CAA 
section 110(a)(2)), must not interfere with applicable CAA requirements 
including attainment of the national ambient air quality standards 
(NAAQS) or reasonable further progress toward attaining the NAAQS (see 
CAA section 110(l)), and must not modify certain SIP control 
requirements in nonattainment areas without ensuring equivalent or 
greater emissions reductions (see CAA section 193). When submitted in 
2009, EPA deferred acting on this SIP revision. However, since the 2009 
SIP submittal, New Jersey has made several amendments to its I/M 
program to improve program performance, and a subsequent SIP revision 
for the diesel opacity program was approved by EPA and supersedes the 
July 20, 2009, SIP revision submittal. See 83 FR 21174 (May 9, 2018).
    Consistent with EPA's 2018 approval of the State's current opacity 
cutpoint regulations, the rules in the 2009 SIP submission meet CAA 
requirements and are consistent with relevant guidance regarding SIP 
revisions and the enforceability of state rules. The standards set 
forth in the rules listed above are more stringent than the opacity 
standards set forth in the EPA's guidance to states.\1\ Further, while 
EPA's 1999 guidance establishes recommendations for states to uniformly 
establish opacity standards, states have authority under CAA section 
209(d) to establish their own in-use standards for motor vehicles.
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    \1\ See ``Guidance to States on In-Use Smoke Test Procedure for 
Highway Heavy-Duty Diesel Vehicles,'' EPA OAR, April 3, 1997, and 
``Guidance to States on Smoke Opacity Cutpoints to be used with the 
SAE J1667 In-Use Smoke Test Procedure,'' EPA OAR, February 25, 1999.
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II. What is the purpose of the submitted rules?

    Emissions of PM, including PM equal to or less than 2.5 microns in 
diameter (PM2.5) and PM equal to or less than 10 microns in 
diameter (PM10), contribute to harmful impacts to human 
health and the environment, including premature mortality, aggravation 
of respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. Section 
110(a) of the CAA requires states to submit regulations for controlling 
PM emissions. On July 20, 2009, New Jersey submitted to EPA a revision 
to its SIP pertaining to revisions to the New Jersey I/M program. The 
2009 submittal consisted of rules and rule amendments to the New Jersey 
Department of

[[Page 63744]]

Environmental Protection's rules regarding diesel opacity cutpoints, 
visible smoke standard for diesel-powered trucks and buses, and 
exemptions for emergency vehicles. A subsequently approved SIP 
revision, submitted to the EPA on September 16, 2016, implemented 
changes to New Jersey's I/M program that include procedures for diesel 
exhaust after-treatment checks, repealed the rolling acceleration smoke 
opacity test and the power brake smoke opacity test, and retained only 
the snap acceleration smoke opacity test.
    In addition to the rule changes, NJDEP identified emission 
reduction credits associated with the program in the July 20, 2009, SIP 
revision. The EPA is not proposing to approve any emission reduction 
SIP credit under this rule, for this purpose, at this time, but the 
State may resubmit a SIP revision to recognize the SIP credit if and 
when fully developed, available, complete, and quantifiable. There are 
research efforts supporting the development of emissions quantification 
methods for heavy-duty inspection and maintenance programs.

III. What are the EPA's Conclusions?

    The EPA's review of the materials submitted indicates that New 
Jersey has revised its I/M program in accordance with the requirements 
of the CAA and 40 CFR part 51. The EPA is proposing to approve the 
rules and rule amendments to the New Jersey Department of Environmental 
Protection's rules proposed in the July 20, 2009, SIP revision for 
N.J.A.C. 7:27-14 and 7:27B-4, with the acknowledgement that this 
program is superseded by the current New Jersey diesel program that was 
approved by the EPA on May 9, 2018 (83 FR 21174). The CAA gives states 
the discretion in program planning to implement programs of the state's 
choosing as long as necessary emission reductions are met.

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 approves 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 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 this action does not involve technical standards; 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 rule, addressing New Jersey opacity 
standards for diesel-powered motor vehicles 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-22224 Filed 10-19-22; 8:45 am]
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