[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Rules and Regulations]
[Pages 72721-72724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2023-0468; FRL-12057-02-R2]


Air Plan Approval; New Jersey; Interstate Transport Requirements 
for the 2010 1-Hour Sulfur Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
portions of a State Implementation Plan (SIP) submittal from the State 
of New Jersey demonstrating that the State satisfies the infrastructure 
requirements of the Clean Air Act (CAA) addressing interstate transport 
of pollution with respect to the 2010 1-hour Sulfur Dioxide 
(SO2) primary National Ambient Air Quality Standard (NAAQS). 
This action is being taken in accordance with the requirements of the 
CAA.

DATES: This final rule is effective on October 7, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2023-0468. 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

[[Page 72722]]

available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Rutherford, Environmental 
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New 
York, New York 10007-1866, at (212) 637-3712, 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 October 17, 2014, the New Jersey Department of Environmental 
Protection (NJDEP) submitted a revision to its SIP to address 
requirements under section 110(a)(2) of the CAA (the infrastructure 
requirements) related to the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, 2006 PM10, 2011 CO, and 
2012 PM2.5 NAAQS.
    On July 1, 2024, the EPA proposed to approve the portions of New 
Jersey's SIP submittal addressing interstate transport for the 2010 1-
hour SO2 NAAQS as meeting the requirements in section 
110(a)(2)(D)(i)(I) of the CAA, often referred to as the ``good 
neighbor'' provision. See 89 FR 54396.
    The EPA had previously \1\ finalized actions on all applicable 
section 110(a)(2) elements of the October 17, 2014, submittal with the 
exception of 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 
NAAQS. Further information regarding those actions can be found in the 
Technical Support Document (TSD) for this action, which is included in 
the docket for this rulemaking. This rulemaking action is addressing 
the portions of New Jersey's infrastructure submittal for the 2010 1-
hour SO2 NAAQS that pertain to the ``good neighbor'' 
provision of the CAA.
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    \1\ See 81 FR 64070 (September 19, 2016), 83 FR 24661 (May 30, 
2018), 83 FR 40151 (August 14, 2018), and 85 FR 28883 (May 14, 
2020).
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    In their SIP submission to the EPA, NJDEP discussed how they have 
addressed the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) through their state-adopted rules and enforceable 
consent decrees, which control sources that impact air quality in 
neighboring States. NJDEP emphasized that their rules do not hinder 
other States' air quality standards, and their emissions regulations 
are stricter than Federal and nearby State rules. New Jersey 
highlighted its existing SIP-approved regulations and other federally 
enforceable control measures, including power plant consent decrees and 
low sulfur fuel requirements for distillate and residual fuels 
(N.J.A.C. 7:27-9) that have reduced SO2 emissions that may 
be transported to other States.
    The EPA undertook an independent evaluation of New Jersey's 
submission in a manner consistent with its evaluation of other States' 
SO2 transport SIP submissions. This approach recognizes that 
SO2 is a relatively more localized pollutant, and its 
transport is appropriately analyzed through focusing on impacts from 
point sources at the ``urban scale.'' See, e.g., 86 FR 31645, 31546 
(June 15, 2021). For the reasons explained in the accompanying TSD in 
the docket, the EPA determined that New Jersey's SIP is adequate to 
prevent sources in New Jersey from significantly contributing to 
nonattainment or interfering with maintenance in another State with 
respect to the 2010 1-hour SO2 NAAQS. This determination is 
based on a weight of evidence analysis that takes into account the 
following considerations: SO2 emissions statewide have 
declined significantly from 2014 to 2022; the absence of nearby 
SO2 nonattainment areas in neighboring States or 
uncharacterized air quality near New Jersey point sources; 
SO2 ambient air quality data far below the SO2 
NAAQS and exhibiting downward trends or remaining stable; the EPA's 
impact assessment that shows that New Jersey sources within 50 
kilometers of New Jersey's borders are unlikely to significantly 
contribute to nonattainment or interfere with maintenance in any nearby 
States based on emission trends, wind patterns, air monitoring, and 
modeling data; and New Jersey's existing control measures, which ensure 
that SO2 emissions will continue to be effectively 
controlled for existing and new sources or modifications. A detailed 
summary of the EPA's review and rationale for the approval of this SIP 
revision as meeting CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour 
SO2 may be found in the TSD.

II. Environmental Justice Considerations

    New Jersey provided a supplement to the SIP submission being 
approved with this rulemaking on May 16, 2023. The supplemental 
submission briefed the EPA on Environmental Justice (EJ) considerations 
within New Jersey by detailing the State's programs and initiatives 
addressing the needs of communities with EJ concerns that have been 
ongoing since 1998. For more information on New Jersey's EJ 
initiatives, the EPA refers the reader to the proposal published on 
July 1, 2024. See 89 FR 54397. Although New Jersey considered EJ as 
part of its SIP submittal, the EPA has determined that conducting its 
own comprehensive EJ analysis is not necessary in the context of this 
SIP submission for interstate transport for the 2010 1-hour 
SO2 NAAQS, as the CAA and its applicable implementing 
regulations neither prohibit nor require such an evaluation of EJ in 
relation to the relevant requirements. Additionally, there is no 
evidence suggesting that this action contradicts the goals of E.O. 
12898 or that it will disproportionately harm any specific group or 
have severe health or environmental impacts.
    The EPA expects that this action, which assesses whether New 
Jersey's SIP adequately addresses the interstate transport of air 
pollution that affects downwind States' ability to attain and maintain 
the 2010 1-hour SO2 NAAQS, will generally have a neutral 
impact on all populations, including communities of color and low-
income groups. At the very least, it will not worsen existing air 
quality standards.
    In summary, the EPA concludes, for informational purposes only, 
that this rule will not disproportionately harm communities with 
environmental justice concerns. New Jersey did evaluate EJ 
considerations voluntarily in its SIP submission, but the EPA's 
assessment of these considerations is provided for context, not as the 
basis for the action. The EPA is taking action under the CAA 
independently of the State's EJ assessment.

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 July 1, 
2024, proposed rule. The comment period ended on July 31, 2024. We 
received no comments on the EPA's action.

IV. What action is the EPA taking?

    The EPA is approving the portions of New Jersey's SIP submittal 
addressing interstate transport for the 2010 1-hour SO2 
NAAQS as meeting the requirements in section 110(a)(2)(D)(i)(I) of the 
CAA.

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

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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 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 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. 
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 evaluated environmental justice 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 bases independent of 
New Jersey's evaluation of environmental justice. In addition, there is 
no information in the record upon which this decision is based that is 
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 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 November 5, 2024. 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, Reporting and recordkeeping 
requirements, Sulfur dioxide.
    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 an 
entry for ``NJ Infrastructure SIP for the 2010 Sulfur Dioxide NAAQS; 
Interstate Transport Provisions'' at the end of the table to read as 
follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                      Applicable
           SIP element               geographic or        New Jersey       EPA approval date      Explanation
                                  nonattainment area    submittal date
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                                                  * * * * * * *
NJ Infrastructure SIP for the     Statewide.........  October 17, 2014..  September 6, 2024,   Full
 2010 Sulfur Dioxide NAAQS;                                                [insert Federal     approval.
 Interstate Transport Provisions.                                          Register            This
                                                                           citation].          action addresses
                                                                                               the following CAA
                                                                                               elements:
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) prongs 1 and 2.
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3. In Sec.  52.1586, revise paragraph (b)(1) to read as follows:


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

* * * * *
    (b) * * *
    (1) Approval. Submittal from New Jersey dated October 17, 2014 to 
address the CAA infrastructure requirements of section 110(a)(2) for 
the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 
SO2, 2012 PM2.5, 2006 p.m.10 and 2011 
CO NAAQS is approved for (D)(i)(II) prong 4 (visibility). Submittal 
from New Jersey dated October 17, 2014, as supplemented on March 15, 
2017, to address the CAA infrastructure requirements of section 
110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 
2010 SO2, 2012 PM2.5, 2006 PM10, and 
2011 CO NAAQS is approved for (A), (B), (C) (enforcement program only), 
(E), (F), (G), (H), (J) (consultation and public notification only), 
(K), (L), and (M). Submittal from New Jersey dated October 17, 2014 to 
address the CAA infrastructure requirements of section 110(a)(2) for 
the 2012 PM2.5, 2006 PM10, 2008 Lead, 2010 
Nitrogen Dioxide, 2010 Sulfur Dioxide, and the 2011 Carbon Monoxide 
NAAQS is approved for (D)(i)(I).
* * * * *
[FR Doc. 2024-19597 Filed 9-5-24; 8:45 am]
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