[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55576-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17563]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0459; FRL-10785-02-R2]
Approval of Air Quality Implementation Plans; New Jersey; New
Jersey 2017 Periodic Emission Inventory SIP for the Ozone Nonattainment
Area and PM2.5/Regional Haze Areas, New Jersey Nonattainment Emission
Inventory for 2008 Ozone NAAQS
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 New Jersey
Department of Environmental Protection (NJDEP). The SIP revision
consists of the following: 2017 calendar year ozone precursor emission
inventory for volatile organic compounds (VOCs), oxides of nitrogen
(NOX), and carbon monoxide (CO) for the Northern New Jersey
portion of the New York-Northern New Jersey-Long Island NY-NJ-CT ozone
nonattainment area (Northern New Jersey) and the Southern New Jersey
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ozone
nonattainment area (Southern New Jersey). The SIP revision also
consists of the 2017 calendar year statewide periodic emissions
inventory for New Jersey. The pollutants included in this inventory
include VOC, NOX, CO, particulate matter with an aerodynamic
diameter less than or equal to 2.5 microns (PM2.5),
particulate matter with an aerodynamic diameter less than or equal to
10 microns (PM10), ammonia (NH3) and sulfur
dioxide (SO2). Additionally, EPA is approving a minor update
to the 2011 nonattainment base year emission inventory. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This final rule is effective on September 15, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2022-0459. 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 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: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 19, 2023 (88 FR 32167), the EPA published a Notice of
Proposed Rulemaking (NPRM) that proposed to approve a State
Implementation Plan (SIP) revision submitted by NJDEP on November 23,
2021. The NPRM proposed approval of three elements of the SIP
submittal: the 2017 calendar year ozone season daily and annual ozone
precursor emission inventory for CO, NOX and VOCs for the
Northern New Jersey and Southern New Jersey ozone nonattainment areas,
the statewide 2017 emission inventory, and a revision for the 2011 base
year emission inventory. In addition, the SIP revision submittal
consisted of the 2017 calendar year PM2.5/Regional Haze
emissions inventory that was developed statewide for New Jersey. The
pollutants included in the inventory are annual emissions for VOC,
NOX, PM2.5, PM10, NH3 and
SO2.
These submittals were made, in part to meet requirements for
serious areas for the 2008 ozone National Ambient Air Quality Standard
(NAAQS). Other specific requirements of New Jersey's SIP revisions for
the 2008 ozone NAAQS and the rationale for the EPA's proposed action
are explained in the NPRM and will not be restated here.
II. Response to Comments
EPA provided a 30-day review and comment period for the May 19,
2023, proposed rule. The comment period ended on Jun 20, 2023. In
response to EPA's May 19, 2023, proposed rulemaking on New Jersey's SIP
revision, EPA received one comment during the 30-day public comment
period. The specific comment may be reviewed under Docket ID Number
EPA-R02-OAR-2022-0459 on the https://regulations.gov website.
Comment
NJDEP submitted a comment on June 19, 2023. NJDEP noted that they
submitted, on November 18, 2021, a SIP revision for the 2008 8-hour
Ozone Attainment, Demonstration, and 2015 8-hr ozone Reasonable
Available Control Technology (RACT) Determinations and Nonattainment
New Source Review (NNSR) Program Compliance Certification and 2017
Periodic Emission Inventory. The EPA proposed to approve the New
Jersey's 2017 Emission inventory for the 2008 NAAQS, PM2.5,
and Regional Haze, but did not propose to approve it for the 2015 Ozone
NAAQS for either of New Jersey's ozone nonattainment areas.
Response
The EPA acknowledges the commenter's concern about New Jersey's
2017 periodic emission inventory statewide, for both New Jersey
nonattainment areas for the 2008 and 2015 ozone standards. The EPA is
approving the 2017 emission inventory that could be used for any
relevant SIP planning requirements, including for the 2015 ozone NAAQS.
The EPA inadvertently did not indicate in the NPRM that the 2017
periodic emission inventory was submitted by New Jersey to address 2015
ozone planning requirements. The EPA acknowledges that the NJDEP
November 18, 2021, SIP revision submittal included the 2017 Emission
Inventory for the 2015 Ozone NAAQS. The other elements of that
submittal, New Jersey's statewide RACT certification and NNSR
certification for the 2015 Ozone NAAQS, will be addressed under a
separate future rulemaking and is not addressed within this action.
III. Final Action
The EPA is approving revisions to the New Jersey SIP which pertains
to the following: 2017 calendar year ozone season daily and annual
ozone precursor emission inventories for CO, NOX, and VOC
for the Northern New Jersey and Southern New Jersey ozone nonattainment
areas, which is relevant to both the 2008 and 2015 ozone standards. In
addition, the SIP revision submittal that EPA is approving also
[[Page 55577]]
consists of the 2017 calendar year PM2.5/Regional Haze
emissions inventory that was developed statewide for New Jersey. The
pollutants included in the inventory are annual emissions for VOC,
NOX, PM2.5, PM10, NH3 and
SO2. EPA is also approving a revision to the New Jersey 2011
base year emission inventory.
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 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, the SIP 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 it 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NJDEP did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 16, 2023. 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.
Lisa Garcia,
Regional Administrator, Region 2.
Part 52 of 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. Section 52.1570 is amended by adding entries to the end of the table
in paragraph (e) to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
[[Page 55578]]
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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Applicable
geographic or EPA approval
SIP element nonattainment New Jersey submittal date date Explanation
area
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* * * * * * *
2011 VOC, NOX and CO ozone Northern New November 23, 2021........ August 16, 2023, Full
summer season and annual Jersey portion [insert Federal approval.
emission inventory. of the New York- Register The
Northern New citation]. inventory
Jersey-Long contains point,
Island NY-NJ-CT nonpoint,
8-hour ozone nonroad and on-
nonattainment road.
area.
2011 base year emissions State-wide....... November 23, 2021........ August 16, 2023, Full
inventory. [insert Federal approval.
Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
2017 VOC, NOX and CO ozone Northern New November 23, 2021........ August 16, 2023, Full
summer season daily and Jersey portion [insert Federal approval.
annual emission inventory. of the New York- Register The
Northern New citation]. inventory
Jersey-Long contains point,
Island NY-NJ-CT nonpoint,
8-hour ozone nonroad, on-
nonattainment road and
area. biogenic source
data.
2017 VOC, NOX and CO ozone Southern New November 23, 2021........ August 16, 2023, Full
summer season daily and Jersey portion [insert Federal approval.
annual emission inventory. of the Register The
Philadelphia- citation]. inventory
Wilmington- contains point,
Atlantic City, nonpoint,
PA-NJ-MD-DE 8- nonroad, on-
hour ozone road and
nonattainment biogenic source
area. data.
2017 base year emissions State-wide....... November 23, 2021........ August 16, 2023, Full
inventory. [insert Federal approval.
Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
2017 PM2.5/Regional Haze State-wide....... November 23, 2021........ August 16, 2023, Full
associated precursor annual [insert Federal approval.
emission inventory. Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
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[FR Doc. 2023-17563 Filed 8-15-23; 8:45 am]
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