Rule2022-16317
Approval of Air Quality Implementation Plans; New Jersey; Removal of Excess Emissions Provision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2022
Effective
August 31, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Jersey, through the New Jersey Department of Environmental Protection, on December 14, 2017. The revision submitted by New Jersey was in response to a finding of substantial inadequacy and a SIP call published on June 12, 2015, for a provision in the New Jersey SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. The EPA is approving the SIP revision to correct the deficiency identified in the June 12, 2015, SIP call.
Full Text
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<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Rules and Regulations]
[Pages 46890-46891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16317]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0912; FRL-9613-02-R2]
Approval of Air Quality Implementation Plans; New Jersey; Removal
of Excess Emissions Provision
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 State of New
Jersey, through the New Jersey Department of Environmental Protection,
on December 14, 2017. The revision submitted by New Jersey was in
response to a finding of substantial inadequacy and a SIP call
published on June 12, 2015, for a provision in the New Jersey SIP
related to excess emissions during startup, shutdown, and malfunction
(SSM) events. The EPA is approving the SIP revision to correct the
deficiency identified in the June 12, 2015, SIP call.
DATES: This final rule is effective on August 31, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0912. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 electronically through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Edward J. Linky, EPA Region 2, 290
Broadway, 25th floor, New York, New York 10007-1866, 212-637-3764; or
email <a href="/cdn-cgi/l/email-protection#93dffafdf8eabdd6f7e4f2e1f7d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="5f1336313426711a3b283e2d3b1f3a2f3e71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to EPA.
Table of Contents
I. What is the background for this action?
II. What comments were received in response to this proposed action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. What is the background for this action?
On April 22, 2022, we proposed to approve a SIP revision submitted
by the State of New Jersey, through the New Jersey Department of
Environmental Protection, on December 14, 2017. (87 FR 24090, April 22,
2022). In that proposal we also proposed to determine that the SIP
revision corrects the deficiency with respect to New Jersey that we
identified in our June 12, 2015, action entitled ``State Implementation
Plans: Response to Petition for Rulemaking; Restatement and Update of
EPA's SSM Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls To Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction'' (``June
12, 2015 SIP call'') (80 FR 33839, June 12, 2015). The reasons for our
proposed approval and determination are stated in the proposed action
(87 FR 24090) and will not be restated here.
II. What comments were received in response to this proposed action?
In response to the EPA's April 22, 2022, proposed rulemaking on New
Jersey's SIP revisions, the EPA received one comment from the Sierra
Club commending the EPA for proposing to approve New Jersey's revision
and requesting a quick final approval of the SIP revision. The EPA
acknowledges the supportive comment. The comment may be viewed under
Docket ID Number EPA-R02-OAR-2021-0912 on the <a href="http://regulations.gov">regulations.gov</a> website.
III. What action is the EPA taking?
The EPA is approving New Jersey's December 14, 2017, request to
approve a revised New Jersey Administrative Code, Title 7, Chapter 27,
Subchapter 7.2(k) (N.J. Admin. Code 7:27-7.2(k)) which removes N.J.
Admin. Code 7:27-7.2(k)(2) from the New Jersey SIP. EPA has also
determined this SIP revision corrects the deficiency identified in the
June 12, 2015 SIP call.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
N.J. Admin. Code 7:27-7 and N.J. Admin. Code 7:27-7.2(k), listed in the
amendments to 40 CFR part 52 set forth below and described in paragraph
I. of this preamble. The EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the
EPA Region 2 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the State Implementation Plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the
[[Page 46891]]
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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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; and
<bullet> 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, the SIP 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 September 30, 2022. 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, Particulate matter, 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 (c) is amended by revising
the entry for ``Title 7, Chapter 27, Subchapter 7'' and adding an entry
in numerical order for ``Title 7, Chapter 27, Subchapter 7.2(k)'' to
read as follows:
Sec. 52.1570 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved New Jersey State Regulations and Laws
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State effective
State citation Title/subject date EPA approval date Comments
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* * * * * * *
Title 7, Chapter 27, Subchapter Sulfur............ March 1, 1967..... May 31, 1972, 37 Subchapter 7.2(k)
7. FR 10880. is no longer
approved due to
EPA action on
August 1, 2022,
[insert Federal
Register
citation].
Title 7, Chapter 27, Subchapter Commercial fuel November 6, 2017.. August 1, 2022,
7.2(k). exemption. [insert Federal
Register
citation].
* * * * * * *
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[FR Doc. 2022-16317 Filed 7-29-22; 8:45 am]
BILLING CODE 6560-50-P
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