[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67651-67654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R02-OAR-2021-0871; FRL-11226-02-R2]


Air Plan Approval; New Jersey; Redesignation of the Warren County 
1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of 
the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 15, 2021, the New Jersey Department of 
Environmental Protection (NJDEP) submitted a request for the 
Environmental Protection Agency (EPA) to approve the redesignation of 
the New Jersey portion of the Northeast Pennsylvania-Upper Delaware 
Valley Interstate Air Quality Control Region (Warren County, New 
Jersey) from nonattainment to attainment for the 1971 Sulfur Dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). In 
conjunction with its redesignation request, NJDEP submitted a State 
Implementation Plan (SIP) revision containing a limited maintenance 
plan and its associated contingency measures for the Warren County 1971 
SO2 Nonattainment Area (Warren County SO2 NAA) to 
ensure

[[Page 67652]]

that attainment of the SO2 NAAQS will continue to be 
maintained. The EPA is taking final action to approve the requested SIP 
revision and to redesignate the Warren County SO2 NAA from 
nonattainment to attainment for the 1971 SO2 NAAQS.

DATES: This final rule is effective on October 2, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2021-0871. 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., Controlled 
Unclassified Information (CUI) (formally referred to as 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.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3702, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is the background for this action?
II. Environmental Justice Considerations
III. What comments were received in response to the EPA's proposed 
action?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On August 14, 2023, the EPA proposed to redesignate the Warren 
County SO2 NAA to attainment for the 3-hour, 24-hour, and 
annual 1971 SO2 NAAQS, based on the demonstrated compliance 
with the requirements of the redesignation criteria provided under CAA 
section 107(d)(3)(E). The EPA also proposed to approve the limited 
maintenance plan as a revision to the New Jersey SIP. NJDEP submitted 
the redesignation request and SIP revision on November 15, 2021.
    The specific details of New Jersey's redesignation request and SIP 
revision, and the rationale for the EPA's approval action are explained 
in the EPA's proposed rulemaking and are not restated in this final 
action. For this detailed information, the reader is referred to the 
EPA's August 14, 2023, proposed rulemaking (88 FR 54983).

II. Environmental Justice Considerations

    NJDEP provided a supplement to its SIP submission on March 16, 
2023, which described New Jersey's programs and initiatives addressing 
the needs of communities with Environmental Justice (EJ) concerns.
    The EPA performed an EJ analysis for the Warren County 
SO2 NAA for the purpose of providing additional context and 
information about this rulemaking to the public and not as a basis for 
the action.
    On August 14, 2023, we proposed to find that action would not have 
or lead to disproportionately high or adverse human health or 
environmental effects on communities with EJ concerns. For the specific 
details regarding the EPA's evaluation of EJ considerations, the reader 
is referred to the August 14, 2023, proposed rulemaking (88 FR 54983, 
54994-54995).

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

    The EPA provided a 30-day review and comment period for the August 
14, 2023, proposed rule. The comment period ended on September 13, 
2023. The EPA received no comments on the proposed action.

IV. What action is the EPA taking?

    The EPA has evaluated New Jersey's redesignation request and 
determined that it meets the redesignation criteria provided under CAA 
section 107(d)(3)(E) and is consistent with Agency regulations and 
policy. The EPA is approving New Jersey's request to redesignate the 
Warren County SO2 NAA to attainment for the 3-hour, 24-hour, 
and annual 1971 SO2 NAAQS. Additionally, the EPA is 
approving the maintenance plan for the Warren County SO2 NAA 
pursuant to section 175A of the CAA.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), the EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1). Section 
553(d)(1) of the APA provides that final rules shall not become 
effective until 30 days after publication in the Federal Register 
``except . . . a substantive rule which grants or recognizes an 
exemption or relieves a restriction.'' The purpose of this provision is 
to ``give affected parties a reasonable time to adjust their behavior 
before the final rule takes effect.'' Omnipoint Corp. v. Fed. Commc'n 
Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. 
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative 
history). However, when the agency grants or recognizes an exemption or 
relieves a restriction, affected parties do not need a reasonable time 
to adjust because the effect is not adverse. The EPA has determined 
that this rule relieves a restriction because this rule relieves 
sources in the area of Nonattainment New Source Review (NNSR) 
permitting requirements; instead, upon the effective date of this 
action, sources will be subject to less restrictive Prevention of 
Significant Deterioration (PSD) permitting requirements. For this 
reason, the EPA finds good cause under 5 U.S.C. 553(d)(1) for this 
action to become effective on the date of publication of this action.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the 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 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

[[Page 67653]]

     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.
    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. 
The 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.'' The 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.''
    NJDEP evaluated EJ considerations as part of its SIP submittal even 
though the CAA and applicable implementing regulations neither prohibit 
nor require an evaluation. The EPA's evaluation of the NJDEP's 
environmental justice considerations is described above in the section 
titled, ``Environmental Justice Considerations.'' The analysis was done 
for the purpose of providing additional context and information about 
this rulemaking to the public, not as a basis of the action. The EPA is 
taking action under the CAA on reasoning independent of the NJDEP's 
evaluation of environmental justice. Due to the nature of this action, 
it is expected to have a neutral to positive impact on the air quality 
of the affected area.
    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 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 1, 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

40 CFR Part 52

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

 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, 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 (e) is amended by adding 
the entry for ``1971 Sulfur Dioxide Redesignation Request and 
Maintenance Plan for the Warren County Area'', at the end of the table 
to read as follows:


Sec.  52.1570  Identification of plan.

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    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                  geographic or       New Jersey
          SIP element             nonattainment     submittal date       EPA approval date         Explanation
                                       area
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                                                  * * * * * * *
1971 Sulfur Dioxide             New Jersey         November 15,      October 2, 2023, [insert    Full
 Redesignation Request and       portion of the     2021.             Federal Register           approval.
 Maintenance Plan for the        Northeast                            citation].
 Warren County Area.             Pennsylvania-
                                 Upper Delaware
                                 Valley
                                 Interstate Air
                                 Quality Control
                                 Region (Warren
                                 County, New
                                 Jersey).
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.331 the table entitled ``New Jersey--1971 Sulfur Dioxide 
NAAQS'' is amended by revising the entries under ``Northeast 
Pennsylvania-Upper Delaware Valley Interstate AQCR'' to read as 
follows:


Sec.  81.331  New Jersey.

[[Page 67654]]



                                      New Jersey--1971 Sulfur Dioxide NAAQS
                                             [Primary and secondary]
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                                               Does not meet     Does not meet                     Better than
               Designated area                    primary          secondary        Cannot be        national
                                                 standards         standards       classified       standards
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                                                  * * * * * * *
Northeast Pennsylvania-Upper Delaware Valley
 Interstate AQCR:
    The Township of Harmony.................  ...............  ................  ..............               X
    The Township of White...................  ...............  ................  ..............               X
    The Township of Oxford..................  ...............  ................  ..............               X
    The Township of Belvidere...............  ...............  ................  ..............               X
    Portions of Liberty Township............  ...............  ................  ..............               X
    Portions of Mansfield Township..........  ...............  ................  ..............               X
    Remainder of AQCR.......................  ...............  ................  ..............               X
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[FR Doc. 2023-21700 Filed 9-29-23; 8:45 am]
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