Rule2023-21700
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
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Published
October 2, 2023
Effective
October 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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 (SO<INF>2</INF>) 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 SO<INF>2</INF> Nonattainment Area (Warren County SO<INF>2</INF> NAA) to ensure that attainment of the SO<INF>2</INF> NAAQS will continue to be maintained. The EPA is taking final action to approve the requested SIP revision and to redesignate the Warren County SO<INF>2</INF> NAA from nonattainment to attainment for the 1971 SO<INF>2</INF> NAAQS.
Full Text
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<title>Federal Register, Volume 88 Issue 189 (Monday, October 2, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
(SO<INF>2</INF>) 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
SO<INF>2</INF> Nonattainment Area (Warren County SO<INF>2</INF> NAA) to
ensure
[[Page 67652]]
that attainment of the SO<INF>2</INF> NAAQS will continue to be
maintained. The EPA is taking final action to approve the requested SIP
revision and to redesignate the Warren County SO<INF>2</INF> NAA from
nonattainment to attainment for the 1971 SO<INF>2</INF> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="/cdn-cgi/l/email-protection#7f390d1e1b14161151341a11111a0b173f1a0f1e51181009"><span class="__cf_email__" data-cfemail="f9bf8b989d929097d7b29c97979c8d91b99c8998d79e968f">[email protected]</span></a>.
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 SO<INF>2</INF> NAA to attainment for the 3-hour, 24-hour, and
annual 1971 SO<INF>2</INF> 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
SO<INF>2</INF> 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 SO<INF>2</INF> NAA to attainment for the 3-hour, 24-hour,
and annual 1971 SO<INF>2</INF> NAAQS. Additionally, the EPA is
approving the maintenance plan for the Warren County SO<INF>2</INF> 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:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
[[Page 67653]]
<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.
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.
* * * * *
(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 <bullet> 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]
BILLING CODE 6560-50-P
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