[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65214-65217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0631; FRL-10786-02-R2]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; New Jersey; 2015 Ozone Infrastructure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving certain elements of a State 
Implementation Plan (SIP) submission from New Jersey regarding the 
infrastructure requirements of the Clean Air Act (CAA) for the 2015 8-
hour Ozone National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each State's air quality management program are adequate 
to meet the State's responsibilities under the CAA. Except as noted, 
this SIP revision satisfies the infrastructure requirements of the CAA

[[Page 65215]]

for the 2015 ozone NAAQS. The disapproval portion of this action does 
not begin a new Federal Implementation Plan (FIP) clock, because the 
FIPs are already in place. EPA proposed to approve this action on 
Friday, April 12, 2024 and received no adverse comments.

DATES: This final rule is effective on September 9, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0631. 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: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3382, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. What is the background for this action?

    Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), each 
State is required to submit a SIP that provides for the implementation, 
maintenance, and enforcement of a revised primary or secondary NAAQS or 
standard. CAA sections 110(a)(1) and (2) require each State to make a 
new SIP submission within three years after the EPA promulgates a new 
or revised NAAQS for approval into the existing federally approved SIP 
to assure that the SIP meets the applicable requirements for such new 
and revised NAAQS.
    On April 12, 2024 (89 FR 25841), the EPA proposed to approve most 
elements of a submission from the New Jersey Department of 
Environmental Protection (NJDEP) submitted on May 13, 2019, as fully 
meeting the infrastructure requirements for the 2015 8-hour ozone NAAQS 
(89 FR 25841) for the following section 110(a)(2) elements and sub-
elements: (A), (B), (C) (enforcement program only), (D)(i)(II) prong 4 
(visibility), (E), (F), (G), (H), (J) (consultation and public 
notification only), (K), (L), and (M) of the CAA. EPA is proposing to 
disapprove the portion of the submission that relates to prevention of 
significant deterioration (PSD). An explanation of the CAA 
requirements, a detailed analysis of the revisions, and EPA's reasons 
for proposing approval were provided in the notice of proposed 
rulemaking (NPRM) and will not be restated here.

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

    In response to the EPA's April 12, 2024, proposed rulemaking on New 
Jersey's SIP revisions, the EPA received three comments during the 30-
day public comment period that ended on May 13, 2024. The specific 
comments may be viewed under Docket ID Number EPA-R02-OAR-2022-0631 on 
the https://regulations.gov website.

Comments 1 & 2

    Two public comments were submitted that support the EPA's action.

Response 1 & 2

    The EPA acknowledges the commenters' support of the EPA's proposed 
rule.

Comment 3

    A third comment asked about the establishment of infrastructure 
requirements for cannabis dispensaries. Specifically, the commenter 
believes that these requirements should be imposed on dispensaries and 
their owners rather than on taxpayers.

Response 3

    After reviewing the comment, EPA has determined that the comment is 
outside the scope of our proposed action or fails to identify any 
material issue necessitating a response. The comment does not raise 
issues germane or relevant to the EPA's proposed action. The comment 
lacks the required specificity to the proposed SIP revision and the 
relevant requirements of CAA section 110. Moreover, the comment does 
not address a specific regulation or provision in question or recommend 
a different action on the SIP submission from what EPA proposed, and 
therefore is not adverse to this action. For this reason, the EPA will 
not provide a specific response to the comment.

III. What action is the EPA taking?

    The EPA is approving NJDEP's SIP revision submitted on May 13, 
2019, for the 2015 ozone NAAQS for the following section 110(a)(2) 
elements and sub-elements: (A), (B), (C) (enforcement program only), 
(D)(i)(II) prong 4 (visibility), (E), (F), (G), (H), (J) (consultation 
and public notification only), (K), (L), and (M).
    New Jersey has elected to comply with the Federal PSD requirements 
by accepting delegation of the Federal rules and has been successfully 
implementing this program for many years. However, EPA does not 
recognize a delegated PSD program as satisfying the Infrastructure SIP 
requirements. Therefore, as discussed in the proposed approval, 89 FR 
2584, EPA is disapproving New Jersey's submittal for the 2015 8-hour 
ozone NAAQS section 110(a)(2) sub-elements: (C), prong 3 of (D)(i)(II), 
and (J), as they relate to the State's lack of a State adopted PSD 
program, as well as (D)(ii), which relates to interstate and 
international pollution abatement and PSD. However, these disapprovals 
will not trigger any sanctions or additional Federal Implementation 
Plan obligation since a PSD Federal Implementation Plan is already in 
place.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review, and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by State law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by State law.

[[Page 65216]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by State law. Accordingly, no additional costs to 
State, local, or Tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175, because 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 and will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by State law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 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.''
    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, the EPA's role is to review State choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this final action is approving in part, and disapproving 
in part a State implementation plan as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law.
    The State evaluated environmental justice considerations as part of 
its SIP submittal even though the CAA and applicable implementing 
regulations neither prohibit nor require an evaluation. EPA reviewed 
and considered the air agency's evaluation of environmental justice 
considerations of 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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 October 8, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

Lisa Garcia,
Regional Administrador, Region 2.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 52 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 paragraph (e), the table is amended by adding the 
entry for ``NJ Infrastructure SIP for the 2015 ozone NAAQS'' at the end 
of the table to read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

[[Page 65217]]



                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
         SIP element               geographic or     New Jersey submittal    EPA approval        Explanation
                                nonattainment area           date                date
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                                                  * * * * * * *
NJ Infrastructure SIP for the  Statewide...........  05/13/2019..........  8/9/2024,         Full
 2015 ozone NAAQS.                                                          [insert          approval.
                                                                            Federal          This action
                                                                            Register         addresses the
                                                                            citation].       following CAA
                                                                                             elements:
                                                                                             110(a)(2)(A), (B),
                                                                                             (C) (enforcement
                                                                                             program only),
                                                                                             (D)(i)(II) prong 4
                                                                                             (visibility), (E),
                                                                                             (F), (G), (H), (J)
                                                                                             (consultation and
                                                                                             public notification
                                                                                             only), (K), (L),
                                                                                             and (M).
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0
3. Section 52.1586 is amended by revising paragraphs (c)(1) and (2) to 
read as follows:


Sec.  52.1586  Section 110(a)(2) Infrastructure requirements.

* * * * *
    (c) * * *
    (1) Approval. New Jersey SIP revision submitted on May 13, 2019 to 
address CAA infrastructure requirements of 110(a)(2) for the 2015 8-
hour ozone NAAQS is approved for (A), (B), (C)(enforcement program 
only), (D)(i)(II) prong 4 (visibility), (E), (F), (G),(H), 
(J)(consultation and public notification only),(K), (L), and (M).
    (2) Disapproval. New Jersey SIP revision submitted on May 13, 2019, 
to address the CAA infrastructure requirements of 110(a)(2) for the 
2015 8-hour ozone NAAQS, is disapproved for (C)(Preconstruction PSD 
program only), (D)(i)(I) (prongs 1 and 2), (D)(i)(II) prong 3, (D)(ii), 
and (J)(PSD program only). PSD program requirements are being addressed 
by Sec.  52.1603 which has been delegated to New Jersey to implement.
* * * * *
[FR Doc. 2024-17335 Filed 8-8-24; 8:45 am]
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